Association for the Study of Security Science Bulletin No.71
July 2013
Proposal for Measures Against Crime for the "Public Safety and Reassurance for the Future"(Report of the "Research Committee for a Safe and Reassuring Future")
Division for the Study of Crime Prevention Legislation,
Association for the Study of Security Science (ASSS)(Research Committee for a Safe and Reassuring Future)

第71号

表紙(英文).indd

1

Association for the Study of Security Science Bulletin No.71
July 2013

Proposalfor Measures Against Crimefor the "Public Safety and Reassurance
for the Future"(Report of the "Research Committee
for a Safe and Reassuring Future")

Division for the Study of Crime Prevention Legislation,
Association for the Study of Security Science (ASSS)(Research Committee for a Safe and Reassuring Future)

2014/01/10

10:22:11

Committee Members(Sixteen members; Those underlined are members of
the Association for the Study of Security Science.)
Chief:

Shizuo Fujiwara, Professor of University of Chuo [Administrative

Acting Chief:laws]
Junko Obata, Professor of Sophia Law School [Administrative

Acting Chief:laws]
Ryo Ogiso, Professor of Chuo Law School [Criminal procedurelaws]

Members: (No specified order; Those marked (*) are drafting committee members.)
Koichiro Ito, Professor of Faculty of Law, Chuo University[Criminal policies; criminology]
Toshiyuki Kanai, Professor of Graduate Schools of Law and
Politics, the University of Tokyo [Urban administration]
Toshihiro Kawaide, Professor of Graduate Schools for Law and
Politics, the University of Tokyo [Criminal procedure laws;
criminal policies]*Hiroshi Sugata, Project Researcher of the Institute of Industrial
Science, the University of Tokyo [Social Safety System]
Masakazu Doi, Professor of Graduate School of Law, Kyoto
University [Constitutional Law]
Takanobu Nakajima, Professor of Faculty of Business andCommerce, Keio University [Applied economics]*Kikumi Noguchi, Professor of Faculty of Law, Chuo University[Administrative laws]*Shuichiro Hoshi, Professor of Faculty of Urban Liberal Arts,
School of Law and Politics, Tokyo Metropolitan University[Criminal laws; criminal procedure laws]
Takahiko Yasuda, Chief of Kyoto Prefectural Police
Tatsuhiko Yamamoto, Associate professor of Law School of Keio
University [Constitution]
Toshiya Yamamoto, Professor of Department of Architecture,
School of Science and Technology, Meiji University [Urban
planning]
Izumi Yokouchi, Director of Police Policy Research Center
Mari Yokoya, Director of the Institute for Child Safety [Childsafety]Guest members: Katsuya Tanaka, Councellor, Cabinet Secretariat (For the Third
Meeting)
Tatsuya Suzuki, Chief of Office of Crime Control Measures,
Community Safety Planning Division, Community Safety
Bureau, National Police Agency (For the Third Meeting)Hiroko Goto, Professor of Law School, Chiba University [Criminallaws] (For the Fifth Meeting)Masahiro Sogabe, Professor of Graduate School of Law, Kyoto
University [Constitution; Media-related laws] (For the Sixth
Meeting)
Ko Shikata, Then Dean of Criminal Investigation Training
Division, National Police Academy; Now Professor of
Faculty of Policy Management, Keio University (For the
Sixth Meeting)Society's Meetings
First meeting: Tuesday, June 26, 2012
Subject: Analysis of the crime situation
Second meeting: Thursday, July 26, 2012
Subject: Analysis of the crime situation and the scope of the Research Commitiee's
activities
Third meeting: Friday, August 31, 2012
Subject: Examination of the "Action Plan" and the outlook for the future
Fourth meeting: Friday, October 12, 2012
Subject: Rehabilitation of criminals-Disturbing acts of public order
Fifth meeting: Friday, November 2, 2012
Subject: Problems of the new fields requiring measures in the future (1)-Family members, women, children, elderly citizens, etc.
Sixth meeting: Thursday, November 22, 2012
Subject: Problems of the new fields requiring measures in the future (2)-“Cyberspace”
Seventh meeting: Thursday, December 6, 2012
Subject: Activities of businesses, community residents, volunteers, NPOs and otherentities and tasks to be performed for allowing these activities sustainable
Eighth meeting: Thursday, December 20, 2012
Subject: Foreign laws and systems-Summary of and discussion on the points at issue for the proposal
Ninth meeting: Monday, January 28, 2013
Subject: Roles of the "state" in measures against crimes-Examination of the draft proposal
Tenth meeting: Wednesday, February 27, 2013
Subject: Examination of the draft proposalEleventh meeting: Monday, March 18, 2013
Subject: Examination of the draft proposal
Twelfth meeting: Thursday, June 6, 2013
Subject: Examination of the draft proposal

Contents
Introduction…………………………………………………………………………… 1
Chapter 1. Analysis of the present crime situation…………………………………
1. Present situation……………………………………………………………………
(1) Crime situation……………………………………………………………………
(2) People's anxiety about public safety……………………………………………
2. Analysis and problems………………………………………………………………
(1) Qualitative change in crime situation……………………………………………
(2) Disparity between "public safety" and "reassurance"……………………………
(3) Room for analysis from more different angles using crime statistics, etc.……

3
3
3
5
5
5
6
8

Chapter 2. Countermeasures against crimes for "public safety and reassurance
for the future" (general discussion)……………………………………… 10
1. Fundamental matters of countermeasures against crimes for "public safety andreassurance for the future"………………………………………………………… 10(1) Balance between "public safety" and "freedom"………………………………… 10(2) B alance between measures "in advance" and those "after the fact" and between"software" and "hardware"………………………………………………………… 11(3) Multilayered activities by the central and local governments and communities…………………………………………………………………………………… 11(4) Sustainability…………………………………………………………………… 12(5) Improvement in countermeasures against crimes considering the management
cycles…………………………………………………………………………… 13(6) Utilization of crime statistics and other statistics……………………………… 13
2. Direction of future countermeasures against crimes……………………………… 14(1) Continuity and development of conventional approaches……………………… 14(2) Introduction of new approaches………………………………………………… 16
Chapter 3. Measures against crime for a "safe and reassuring future"(Detailed discussion)……………………………………………………… 17[A] Attention to and measures for the "settings" where crimes are prone to occur andcontinue…………………………………………………………………………… 17
1. Households ………………………………………………………………………… 18(1) Background of violence and other offenses in the "places" of households …… 18(2) Creation of social recognition for DV and other offenses……………………… 19(3) Limits to conventional countermeasures based only on the framework ofcriminal laws and needs for continuous follow-up by cross-sectional steps ofrelated organizations………………………………………………………………… 19
2. "Cyberspace" ………………………………………………………………………… 20(1) Background of crimes in the "places" of "cyberspace"………………………… 20(2) Activities for the safety and security of "cyberspace" as a "setting"…………… 22[B] Targets and methods of measures against crime: what positive intervention,
including one against anti-social behaviours, should be ………………………… 24
1. "Preventive intervention" …………………………………………………………… 24
2. Measures against anti-social behaviours by administrative methods…………… 26[C] Activities of the entire community for crime victims, including the "Vulnerable
members of society," potential victims, and for perpetrators of crime………… 28
1. From the viewpoint of "prior" activities for crime prevention: needs for crosssectional measures to prevent damage and harm considering the characteristics ofthe "Vulnerable members of society" apt to suffer damage and harm…………… 28
2. From the viewpoint of activities "after the fact" (after the actual crimes)………… 29(1) Measures to prevent recidivists………………………………………………… 29(2) Provision of "safe and reassuring places" for crime victims…………………… 33[D] Entities responsible for measures against crime and mutual cooperation among
them………………………………………………………………………………… 33
1. Various entities responsible for measures against crime………………………… 33(1) The state government…………………………………………………………… 33(2) Prefectural and municipal governments………………………………………… 34(3) Businesses……………………………………………………………………… 36(4) Community residents, volunteers and NPOs…………………………………… 37
2. Mutual cooperation among entities responsible for measures against crime…… 39(1) Creation of the place for the communication between different entities and forgathering of their knowledge…………………………………………………… 39(2) Establishment of the mechanism for sharing information……………………… 40(3) Examination of the "institutional framework"…………………………………… 41[E] Utilization of statistics, etc. for measures against crimes based on the
management cycle………………………………………………………………… 46
1. What crime statistics, etc. should be?……………………………………………… 46

2. Measures to improve the analysis of crime statistics, etc.………………………… 48(1) Examination for increasing surveys on damage and harm from crimes, etc.… 48(2) Multilayered analysis according to the "sense of scale"………………………… 49(3) Improvement in the system for analyzing the crime situation………………… 49(4) Detailed analysis of public opinion polls and the proper understanding of
medium-to-long-term trends…………………………………………………… 49(5) Examination of the rule for the mutual use of statistical data on crimes……… 49
Conclusion……………………………………………………………………………… 51
References……………………………………………………………………………… 52
Annexes………………………………………………………………………………… 57

Introduction
After the number of criminal offenses known to the police reached 2,850,000,
the largest figure after the world war II, in 2002, the Ministerial Meeting Concerning
Measures against Crime adopted the "Action Plan for the Realization of a Society
Resistant to Crime" in 2003. In this plan, it was explicitly proclaimed as the general
government policy that not only the police and criminal and judicial authorities but
also all of the ministries, agencies and local governments and private organizations
involved in people's socioeconomic activities should cooperate and join hands with
one another in the steps to countermeasures against crimes.
A decade has almost passed since then. During these years, the number ofcriminal offenses known to the police decreased to the level of the mid-1980s as aresult of government-wide activities, comprehensive measures for the control ofstreet crimes by the police and other measures on the basis of the "Action Plan" andits successor entitled "Action Plan for the Realization of a Society Resistant to Crime2008" introduced in 2008.
But on the other hand, the number of some types of crime known to the police
has remained at a high level, and a variety of factors that might endanger the public
security in the future have still been observed in communities and families andhave become more serious in some cases. People's anxiety about crimes has notbeen alleviated yet as expected from the decline in the number of reported criminal
offenses.
In this situation, it will be needed to put an end to the conventional way toanalyze the situation of crimes mainly based on the number of reported criminal
offenses and the crime control steps taken based on these analyses. There will also
be a need to reconsider what future countermeasures crime steps in Japan should be,taking account of the present situation of crimes and ever-changing circumstances ofsociety, economy, information technology, etc. and to reexamine what today's "public
safety and reassurance" should be.
According to the above-mentioned awareness, the Research Committee fora Safe and Reassuring Future was founded in June 2012 within the Division for the
Study of Crime Prevention Legislation of the Association for the Study of Security
Science (ASSS) (Chief of the Division: Dr. Toyo Atsumi, Director of the Institute ofSocial Safety and Police Science and Professor at the Law School, of Kyoto Sangyo
University, and Professor emeritus at Chuo University).
In the past, the securing of "public safety" and the restriction on "freedom"tended to be regarded as the two sides of the same coin. In particular, it has been

— 1 —considered the top priority to minimize the intervention of the "state" in theinvestigation and control of crimes and in measures against crimes, which has been
regarded as infringement on the "freedom and rights of citizens."
B ut in the present day, when s c ienc e a nd t ec hnology, es pec ia lly
telecommunications technology, have been making rapid progress and people's
lifestyles have greatly changed, it is a prerequisite for enjoying "freedom" that thesafety of people's life, body and assets of people is secured. "Public safety" and"reassurance" themselves have become the bases for securing free activities ofpeople and ultimately the good maintenance and development of the democraticsociety.
In the light of this, "freedom" today can never be realized only by minimizing
the state's intervention; instead, it will be essential to create an environment where
people can act" free from fear" in a "safe" community.
Based on the awareness mentioned above, "who and how should create whatkind of environment?" － This is the subject in which this research committee isinterested.
To pursue this subject, one should have various viewpoints and much
experience instead of sticking to a particular academic field. This is why not only the
specialists in criminal and administrative laws who are the ASSS members but also
experts on such areas as the constitution, public administration, economics, social
safety system, city planning and children's safety join the committee.
At the meetings held twelve times in total, the committee analyzed the present
situation of crimes and examined past activities for crime prevention based on the"Action Plan" and other initiatives first, and shared the awareness of the situationof crime and counter measures against crimes. Then it discussed the safety andsecurity of women, children and elderly people and of "cyberspace," the areas where
it is considered that steps will especially be required in the future. The Society also
debated the role of businesses, community residents, volunteers, NPOs and otherparties as well as the entire community, which will be the supporters of public safety
and reassurance in the future.
This report contains the proposal for "public safety and reassurance of the
future" that the committee concluded as a result of the discussions mentioned above.

— 2 —Chapter 1. Analysis of the present crime situation
1. Present situation(1) Crime situation
The number of reported criminal offenses1 reached a peak of about 2,850,000
in 2002. In 2003 and after, largely because of nationwide activities according
to, among others, the "Action Plan for the Realization of a Society Resistant toCrime" (adopted by the Ministriac Meeting Concerning Measures against Crime),
the figure tended to decline. In 2012, the number fell to about 1,380,000, a levelaround in the mid-1980s and lower than a half of the peak year [Data 1].
The number of larceny, which has greatly contributed to the decrease in the
total number of reported criminal offenses, dropped from about 2,380,000 in 2002
to about 1,040,000 in 2012 [Data 2]. Street crimes2, for which comprehensive
countermeasures have been taken since 2003, decreased from about 1,630,000 in
2002 to about 600,000 in 2012 [Data 3].
But some types of crime, such as violence, intimidation and sexual assault,
increased as compared with the level in 20023.
Moreover, the harm done to the "vulnerable memers of souety," such as women,children and elderly citizens, grew more serious in some cases. While womenand children are prone to suffer harm from violence and sex crimes, elderly
people are prone to suffer from fraud, including furikome fraud, in which Generalterm of a crime of people cheated out of their money, etc. by way of remittanceto a designated bank account and other methods through calling without seeing
victims, including extortion of money, etc. Furikome Frauds is a typical crime.4.
According to the definition of "criminal offenses" in the introductory remarks to the National
Public Safety Commission and the National Police Agency, "White Paper on Police 2012." (Ofthe crimes provided for in the "Criminal Code," fatal wounds due to dangerous driving, fatal
wounds due to (gross) negligence and fatal wounds due to automobile driving are excluded
from "criminal offenses.")
2
Crimes committed on the street (robbery, snatches, theft of items, theft from parked
vehicle, violent crimes and sex crimes on the street, etc.).
3
These types of crime greatly increased: 19,442 in 2002 to 31,802 in 2012 (up 63.5%) forviolence; 2,374 in 2002 to 3,241 (up 36.5%) for intimidation; and 2,444 in 2002 to 4,295 in2012 (up 75.7%) for public indecency [Data 4].
4
The following facts can be pointed out from the statistics for 2012:* The ratio of bodily offenses, etc. (murder, robbery, rape, violence, bodily injury,
intimidations and indecent assault) committed to women, juveniles (under 20 years old) andelderly people (60 years old and above) per 100,000 persons substantially rose in 2012 ascompared with the figure for 1981 when the number of reported criminal offenses was on asimilar level to that in 2012 (1,463,228 cases): 26.3% in 1981 to 50.6% in 2012 for women,
1

— 3 —

Moreover, telecommunications technology, including the Internet andcellphones, has had negative impact of making cybercrime more serious as thetechnology spreads and develops [Data 10] and making criminal investigation moredifficult. This technology also plays a role of "infrastructure for crimes" promoting
the commitment of crimes by providing the means for communication.
Recently, new category of criminals known as "quasi-hooligans" 5 has been
pointed out. The police introduced necessary measures recognizing that violence,
bodily injury and other crimes have increased in shopping quarters, amusement
centers and other similar places by the groups composed mainly of the former
members of bosozoku, or motorcycle gangs ("quasi-boryokudan gangs"6)
46.6% to 78,1% for juveniles and 13.7% to 21.0% for the elderly) [Data 5].
* The ratio of violent crimes doing harm to women (violence, bodily injury, intimidation,
extortion, etc.) tends to increase, rising from 24.9% in 2002 to 34.2% in 2012. In particular,
the ratio of violence and bodily injury to adult women (20-64 years) at home (the number ofreported crimes per 100,000 persons) greatly rose from 9.0% in 2002 to 19.0% in 2012. In
addition, the number of cases in which the suspect arrested for violence or bodily injury was
the spouse of the victim is increasing sharply (violence and bodily injury cases: 997 in 2002
to 3,085 in 2012) [Data 6].
* The number of stalking and domestic violence (DV) cases known to the police tended toincrease; in 2012, stalker cases reached 19,920, the largest figure after the enforcement of
the Stalking Control Act and that of DV cases, 43,950, also the greatest number after theenforcement of the Domestic Violence Prevention Act [Data 7].
* The number of children reported to the child consultation center by the police regardingchild abuse greatly increased from 1,703 in 2006, reaching 16,387 (up 42.1% comparedwith the previous year) in 2012, an all-time high. The number of child abusers arrested andvictimized children continued to increase, too, from 297 arrests and 316 victims in 2006 to
472 arrests and 476 victims in 2012, historic high figures [Data 8].
* The number of arrests on charges of producing and distributing child pornography is on
the increase and reached 1,596, a historic high, in 2012. Schoolchildren and younger children
account for 56.3% of the victims, and 76.7% of the means used to produce pornography ofschoolchildren and younger children are rapes and indecent assault [Data 8].
* The total amount of damage from special frauds exceeded 36 billion, the worst-ever level,in 2012. The ratio of elderly citizens of 60 years old and above to all of the victims of special
frauds in that year was 80.8%, and the ratio of these elderly people suffering from damage
from crimes inducing victims of investment fraud, a category of phishing scams, reached85.6% [Data 9].
5
Atsushi Mizoguchi defined "quasi-hooligans" as former bosozoku, or motorcycle gangs, whostay away from gangs and are the intermediate groups between honest people and gangs. See
Atsushi Mizoguchi, "Boryokudan", Shincho Shinsho, 2011, p. 155.
6In March 2013, the National Police Agency defined this category of group as "quasiboryokudan" saying that this group has no organization as gangs but those belonging to thisgroup are committing violent illegal acts as a group or habitually and that it can be consideredthat some of these groups have a close relationship with gangs or a similar group. Thus the— 4 —(2) People's anxiety about public safety
As described in (1) above, the number of reported criminal offenses in 2012
decreased to the half of that in 2002, the peak year.
But according to the "Special Public-Opinion Poll on Public Security" conducted
in 2012 by the Cabinet Office, people's anxiety about public safety was notalleviated as expected from the decline in the number of reported criminal
offenses; for example, over 80% of the respondents said that "I think public
security deteriorated as compared with a decade ago (2002)."7 [Data 11]
2. Analysis and problems(1) Qualitative change in crime situation
As stated in 1 (1) above, while the indicators regarding the "quantity" ofreported criminal offenses showed decrease to the level similar to that in theyears of Showa (1926-1988), the "quality" of crimes has been changing recently as
exemplified in modes of crimes and the appearance of new types of crime.
NPA instructed prefectural police to take the countermeasures against this group composedof the three main policies: the full-scale investigation of the actual state of this group, thestrengthening of crackdown against the group's illegal acts and promoting the sharing ofrelated information. See the "Notification for Strengtening of Investigation of the Actual Stateof and Crackdown against Quasi-Boryokudan" (Notification from Director of Investigative
Planning Division of NPA, No. 26, dated March 7, 2013 and other issues).
7
As similar investigations, "Survey on the Actural Situation and Dark Figure in Crime
Victimization" conducted in 2012 by the Research and Training Institute of the Ministry ofJustice, 33.4% of the respondents said "Bad” (total of "Rather bad" and "Very bad") to thequestion "What do you think of the public security in Japan at present?" This figure wassmaller than that for the same survey conducted in 2008 (56.0%) (See the Research andTraining Institute of the Ministry of Justice, "White Paper on Crimes 2012," p. 207).
But according to the "Research on Anxieties, etc. about Crimes" conducted in 2010 by The
Nikkoso Foundation for safe society, the ratio of the total of the respondents saying "Feelgreatly anxious" and those saying "Feel somewhat anxious" to the question as to anxiety
about walking alone at night exceeded 30%, and that of the total of those saying "Feel anxious
often" and those saying "Feel anxious occasionally" to the question as to anxiety about crimes
occurring to a family member living together was 46.4%. This figure is smaller than that in
the same research in 2002 (63.2%), but suggests that nearly a half of the respondents still
had a sense of anxiety (the respondents saying "Have no family member living together"increased from 2.5% to 13.2% in those years). [Data 11]
The observation of the questions given in the surveys above shows that while it can beconsidered that the questions of the survey by the Cabinet Office and by the Research andTraining Institute of the Ministry of Justice asked the "expected possibility of meeting witha crime" (perception about the risk of meeting with a crime), those of the research of The
Nikkoso Foundation for safe society ask "anxiety about meeting with a crime." It is known
that the perception about the risk of meeting with a crime affects anxiety about crimes (See— 5 —Changes in community have continued as a result of, among others, increasing
borderlessness and area expansion of people and information, the progress of
information technology resulting from the development of telecommunications
technology, the aging society, the fading norm consciousness and disappearing
sense of solidarity in the community and sluggish economy, and the factors thatmight endanger public security in the future still exist latently or are more serious.
It is also feared that these factors may help those attempting to commit crimes inthe years ahead while weaken the entire community's resistance to crimes. Thereis a good possibility, too, that these factors will cause a rapid deterioration of
public safety again, and the present crime situation can never give any grounds for
optimism.
Moreover, from the viewpoint of people, the shock of themselves or people
close to them suffering from a crime is immeasurable. In addition to taking thesteps to reduce crimes, it is an important task, too, of the administrative sector
to meet the needs and expectations of people who "hope to prevent crimes in theeveryday life," "hope that crimes will be reduced as much as possible" and "wantto live with no fear of crime." Anti-crime measures are, by their nature, not ones
that "may be discontinued just because they showed their effect and the numberof criminal offenses reported to the police decreased as compared with a given
period."From the viewpoint described above, the Government should continue in theyears ahead to take the proper measures against crimes that will respond to thequalitative changes in the crime situation.
(2) Disparity between "safety" and "reassurance"
As discussed in 1 (2) above, there is now some disparity between "safety"
seen from the number of reported criminal offenses and the people’s sense of"reassurance".
To begin with, "safety" (an objective situation where the risk of sufferingdamage and harm from a crime, etc. is low8) and "reassurance" (a subjective feeling
Note (45) below) but care should be taken about the fact that strictly saying, the perception isno concept agreeing with a sense of anxiety.
8
It will be also helpful to examine more objective and more reasonable means to estimate the"risk of suffering damage and harm from a crime, etc.", such as paying attention to the productof the seriousness of damage and harm (maliciousness of the crime) and the probabilityof crimes, instead of considering the ratio of damage based only on the number of crimes.
Hiroshi Inoue analyzed the maliciousness of several types of crime estimated by university
students and pointed out that ranking having the tendency roughly similar to the assessmentof culpability provided for in the Penal Code was observed among different crime types andthat the rating of the maliciousness of rape crime was higher than that of the assessment of— 6 —when people have no fear of a crime, etc.) do not always correspond to each other.
The people's perception of "reassurance" may decline when an accident occurredin their neighborhood and may also become dimmer even when an accident took
place in the area other than their neighborhood if they read the news about theaccident reported in the media. In addition, while individuals are daunted in their
behavior if their "subjective" anxiety is deepened too much, they might fail to takesafety measures necessary for the danger existing "objectively" if they have a"subjective" sense of reassurance too much.
Therefore, there will be a need to recognize that objective "safety" andsubjective "reassurance", which affects people's behaviors (because it is asubjective concept), are different from each other, and to discuss how "reassurance"
should be secured in addition to "safety" taking account of their interactions.
It is impossible to reduce risks of crime to zero, and the level of "safety" forrealizing "reassurance" varies from person to person. Thus, people will have noalternative but to achieve "security" by getting knowledge and information aboutthe "fact that there exists a certain level of risks in the world" and "how to deal
with these risks."
As for the relations between "safety" and "reassurance"9, it will be appropriate toregard, as a provisional solution, "safety" as "what is achieved by minimizing risks"
and "reassurance" as the "state where the existence of risks and the probabilityof risks are estimated, preparations are made for risks and the existence of risks
is accepted"10. It will be important for the "safety and reassurance for the future",
based on the said above, "alleviating people's anxiety by securing them safety" and"linking safety to reassurance", paying attention to the recipients of information(providing people with information properly so as to encourage them to haveappropriate and forward-looking awareness of crime prevention and to take part incrime prevention activities, instead of discouraging them too much to act), rather
than trying to realize "zero risk" blindly11.
culpability. It will be possible to apply this result to, for example, the determination of theorder of priority of measures against crimes according to the maliciousness of the crime
category and the preparation of the synthetic variables for more objective evaluation of thecrime situation. See Hiroshi Inoue, "Classes and Orders of Crimes Based on the Evaluation of
Maliciousness," in "Theories and Applications of Data Analysis," 1(1), Japanese Classification
Society, 2011, pp. 41-52.
9
Measures against crimes cannot be divided into "measures to pursue safety" and "measures
to pursue reassurance;" these steps are taken comprehensively paying attention to bothobjective safety and subjective reassurance.
10
See the Ministry of Education, Culture, Sports, Science and Technology, the Report of the"Conference on Science and Technology Policies Contributing to the Establishment of a Safeand Secure Community, 2004, p. 7.
— 7 —(3) Room for analysis from more different angles using crime statistics,
etc.
The crime situation, especially the social and economic factors of changes in
the number of criminal offenses known to the police in recent years, have been
analyzed from various viewpoints [Data 12].
For the relations between crimes and economic indicators, there is a reportsaying that as a result of the analysis of relations between crimes and some
explanatory variables using the stepwise forward selection method as to the crime
rates (the number of reported criminal offenses per 100,000 persons) from 1990
to 2007, the effect of unemployment rates was statistically significant for many
crime types, although the relations differed depending on the length of the period
analyzed and the indicators adopted12. Recent studies also include one pointing outthat the rate of homicide and the unemployment rate have a positive relation13.
On the other hand, the observation of the relations between unemployment
rates and crime rates in Japan in 2008 and after indicates that while the former
increased from 2008 to 2010, the latter lowered in these years. Moreover, a U.S.
study concluded as a result of the examination of the 1970-2003 period that crime
rates were independent from the indicator of economic growth rates14.
It was pointed out that increases in the number of reported criminal offenses
up to 2002 were affected mainly by the changes in the case treatment policy of thepolice and the reinforcement of the security consultation system by the police15,
Trying to realize "zero risk" blindly often leads to restrictions on people's freedom and isalso inappropriate from the standpoint of cost effectiveness, for example, in the case where
the distribution of human and financial resources is limited, it may hinder the securing ofsafety in the area where risks are really great.
12
See Research Commissioned by the National Police Agency, "Report of the Research on
Advanced Technique for Analyzing Crime Situation," 2010, pp. 16-17.
13
See Yoshikazu Yuma, Yuichiro Kanazawa and Chiaki Yuma, "Long-term Relations between
the Incidence of Homicide Cases by Juveniles and Unemployment Rates: Empirical Analysis
of Time-Series Data for the 1974-2006 Period," in the Japanese Association of Sociological
Criminology, "Japanese Journal of Sociological Criminology," No. 35, 2010, pp. 115-130.
14
Rosefeld and Fornango (2007) argued that while consumer sentiment had a significant
effect on the crime rate of robbery and property crime, the crime rate was independent fromthe effects of unemployment rates and economic growth. Rosefeld, R., and Fornango, R.,"The Impact of Economic Conditions on Robbery and Property Crime; The Role of Consumer
Sentiment," Criminology 45 (4), 2007, pp. 735-769.
15
See Koichi Hamai, "Public Security and Measures against Crimes in Japan-Recommendations from Criminology; Introduction," in "Japanese Journal of Sociological
Criminology," No. 29, Japanese Association of Sociological Criminology, 2004, P. 5 and "HowHas the Myth of Deteriorating Public Security in Japan Been Created -Actual State andBackground Factors of Deteriorated Public Security (Beyond Moral Panic)," ibid., p. 14.
11

— 8 —

but it is evident that these facts cannot explain the situations (especially decreases
in 2003 and after) entirely. Moreover, as for the crime types whose reported
numbers have been on a high level (acts of assault/violence, etc.), it is supposedthat in addition to increases in emergency police calls to the police and in security
consultations by the police [Data 13 and 14], the community's dispute settlement
function has declined.
As evident from what has been described above, a cautious attitude should
be taken in attributing number of crime to a single factor or a simple causal
relationship, such as an economic indicator. While the need to improve economic
and social policies and measures to reduce poverty is beyond dispute, it will beinappropriate to introduce these policies and measures as substitutes for crime
control steps and to underestimate the necessity of these steps because thesepolicies and measures have already been taken.
On the other hand, in order to grasp more objectively and from more versatile
viewpoints and to analyze more exactly the actual state and causes of changing
crimes for more effective measures, there will be a need to make present crime
statistics, fact-finding surveys on damage and harm from crimes, public attitude
surveys on crimes, etc. (hereinafter referred to as the "crime statistics, etc.")
which are easier to use and to turn these, as well as various other statistics,
etc. likely to have relations with crimes, into what makes it possible to conduct
diversified and compound analyses easily and quickly.

— 9 —Chapter 2. C ountermeasures against crimes for "public safety andreassurance for the future" (general discussion)
1. Fundamental matters of countermeasures against crimes for "public
safety and reassurance for the future"
To meet people's needs and expectations by realizing "public safety andreassurance for the future," there is a need to strengthen measures against crimes
further considering the various benefits and costs of different measures while
paying attention to the six points described below:(1) Balance between "public safety" and "freedom"Countermeasures against crimes are related widely to the entire scopeof people's life and thus there may be different views about the details of themeasures and how to take the measures. In particular, steps for crime "prevention"
promote "safety" and expand the scope where people can act "freely" without fear,
but may also restrict, by their nature, their "freedom" to some extent in a broader
scope than the steps taken after a crime has been commintted. Therefore, whenmeasures against crimes are taken, it will be essential to consider the balance
between "public safety" and "freedom" and aim at ensuring a situation where thetwo elements can be compatible (a win-win situation)16.
It will be not proper for the police and other public organizations to determine
the balance mentioned above unilaterally. Instead, efforts should be made to carryout continuous examination by bartire coucerued and share opinions among them,study the decision-making method capable of reflecting people's wishes broadly
and carefully and clearly define the democratic legitimacy of the balance adopted.
Sufficient care should also be taken to secure human rights.

In devising the original "Action Plan," the relation between "public safety" and "freedom"
was summarized according to the principle of considering freedom under the conditionof safety based on so-called the "legal principle of freedom within safety" saying that "nofreedom exists without public safety." When the "Action Plan 2008" was formulated, Shizuo
Fujiwara and Masakazu Doi took part in the discussion in the hearing of experts and aconsensus was reached: "Public Safety" is a condition of "freedom" and "freedom" is an
important purpose of "public safety." These two are mutually dependent on each other andit costs dearly to make "public safety" and "freedom" compatible. National consensus will be
required to decide the balance between "safety" and "freedom." Based on this remark, it wasagreed in the development of the "Action Plan 2008" that while the basic concepts of theformer program would be adopted, each measure would be examined paying attention to thestrained relations between "public safety" and "freedom." See Kiyoshi Kawai, "Promotion of
the Action Plan for the Realization of a Society Resistant to Crime 2008," in the "Security
Science Review," Vol. 11, Tachibana Shobo Co., 2009, pp. 70-71.

16— 10 —

(2) Balance between measures "in advance" and those "after the fact"
and between "software” and "hardware"
In planning specific measures against crimes based on the balance between"public safety" and "freedom" stated in (1) above, it will be significent to consider,according to the features of the crime, the characteristics and good and evil
effects of measures "in advance" (for crime prevention) and those "after the fact"(for panishment after the crimes17 and for recovery of the damage and harm andprevention of recurrence), respectively.
In this case, it will be effective to take both "software measures (measuresappealing to people's mind, such as education)" and "hardware measures(Architecture)18," paying attention to the balance between these measures, inaddition to control measures based on the legal system.
(3) Multilayered activities by the central and local governments andcommunities
When measures against crimes are taken on a nationwide scale, there will be
two main directions: the direction attaching importance to "uniformity" under
the leadership of the state or the government, and the one attaching importanceto "regionalism" in the sense of promoting the measures unique to a community.
In measures against crimes in the future, it will be important to link these two
directions effectively.
It will be necessary from the standpoint of both theories and effectiveness that
residents carry out independent activities in their community according to theregional situation with the support of overall state strategies and the policies taken
It is supposed that "control" has the effect of preventing future crimes, too. But here the"time of the crime" as a boundary is used and the timing when the measure is taken forclassifying the steps taken.
18This is the concept advocated by Laurence Lessig, an American constitutional scholar,
and refers to the "physically created environment" of social life. This is one of the means
to control the behavior of others (means of control) together with "law," "social norms"
and "market." Architecture is characterized by the fact that (1) it works based on thinprerequisites (it needs no close relation (common understanding of the norm, knowledge,etc.); (2) any entity other than the state can use it; and (3) it needs no awareness of thesubject about "being caused to obey." See Takehiro Oya, "New Police Policies in a Risk
Society: Problems of New Means of Control," in "The Journal of Police Science," Vol. 65, No.
2, Tachibana Shobo Co., 2012, pp. 56-57. An example of Architecture is the case where alongitudinal handrail is installed on a seven-passenger seat of a train at the boundaries of two,
three and two seats so as to make sitting and standing action of passengers easier and urge
them to sit in a proper way.
Architecture includes the concept of "systems and designs" and thus, strictly speaking, is not
limited to "hardware (physical buildings)."
17— 11 —

by the local government based on the district's needs and characteristics and thateach of these parties cooperate and collaborate with one another, in a multilayered
way, as responsible entities in activities for realizing public safety and reassurance.
(4) Sustainability
Countermeasures against crimes, especially activities for crime prevention, arevery effective when they are started because the enthusiasm of their advocatesand other related people is great. But several years after, the zeal in the initialperiod decreases and in some cases, activities are stalled as a result of, among
others, a change in the leaders who have played a major role.
On the other hand, as stated in Chapter 1, 2 (1), continuous activities are
essential for measures against crimes, and there is thus a need to include"sustainability" in countermeasures against crimes themselves. As for crime
prevention measures taken by physical means, the need to reduce burdens ofactivities by properly incorporating the measures into people's daily life has
been pointed out19. In the future, it will be needed for activities requiring humanresources, too, to ensure sustainability by creating and maintaining human
networks20.
To improve sustainability, it is essential to estimate the effects of the measurestaken and, especially, what is important is the examination of long-term effects,
sush as continuously needed resources and the negative side effects of themeasures taken. This problem is related to what is stated in (5) below.
See Barry Poyner, "Crime Prevention and Sustainability," translated by Koichiro Ito, in
the "Crime and Delinquency," No.110, The Hitachi Mirai Foundation, 1996, P. 85. This paper
gives as an example of the case where the structure of the building is planned so that theresidents can see the possible invasion route from the outside even if they do not try to see.
Another example is the case found in the management manual of a Dutch public housing
complex where, when they go their regular rounds to change electric bulbs, fluorescentlamps, etc., the caretakers carry out a security check, too, thereby preventing the workload
and cost from increasing.
20
The standards established by the European Committee for Normalization (CEN)(equivalent to the Japanese Industrial Standards (JIS)) include not only the crime prevention
standards for products but also those for processes. To be specific, in the CEN/TR 14383-2,"Prevention of crime - Urban planning and building design, Part 2: Urban planning" (effective
as from October 24, 2007), crime prevention activities are classified into Where (places:
residential areas, school districts, business areas, etc.), What (subjects: crimes in public
place, motor vehicle theft, larceny, etc.), Who (stakeholders: public agencies, city planners,
businesses, the police, welfare facilities, educational institutions, residents, etc.), etc., andmeasures according to the classification are recommended. See the site of the CEN and thatof UrbSpace (one of the programs organized mainly by the universities and foundations in
Middle Europe that carries out activities by the fund provided by the EU especially for the
purpose of improving the urbanized environment).
19— 12 —

(5) Improvement in countermeasures against crimes considering themanagement cycles
To aim at planning the countermeasures against crimes suited for changes in
the crime situation and the environment and to improve these measures, it will beeffective, similar to the case of other policies, to take account of the management
cycles of (1) grasping the present situation, (2) establishing the goal, (3) carryingout the policies and (4) assessing the result and making use of it in the future
policies (PDCA cycle21, SARA model22, etc.)23.
The National Police Agency already adopted the "Comprehensive Measures
for the Control of Street Crimes and Break-in Crimes" in 2003, and according to
the Measures, decided to create a series of management cycles for drawing up,
carrying out and assessing crime control plans for each district so as to control(the total number of) crimes. Then the prefectural police have been taking various
steps by developing the "plan for the control of street crimes, etc."
In the future, there will be a need to apply this way of thinking not only to theactivities of the police but also to those of various other entities based on what has
been discussed in (3) above.
(6) Utilization of crime statistics and other statistics
In the process of the management cycle described in (5) above, it will beessential to make efficient use of crime statistics and other statistics. It isconsidered that these statistics in Japan, represented by the crime statistics of
the National Police Agency, have been compiled on a generally high level from aninternational viewpoint24, and these statistics are useful means to understand the
The four-stage problem-solving process of Plan, Do, Check and Act.
The four-stage problem-solving process of Scanning, Analysis, Response and Assessment.
See Steven P. Lab, "CRIME PREVENTION : Approaches, Practices and Eualuations"translated by Shoichi Watanabe, et al., Nikkoso Foundation For Safe Security, 2006, p. 172.
23
An example where this way of thinking has attained effects is the program carried out the
Soya School District in Ichikawa, Chiba Prefecture. The elementary school and PTA in theschool district, using the PDCA cycle, checked the district from the standpoint of both crime
prevention and traffic safety and posted a district safety map specifying dangerous places on
the Google Map, giving comments on the map and allowing the viewer to see the situationin and around the dangerous places on the street view screen (P). Then each of the groups
in the district carries out crime prevention and town building activities and shares related
information at the biannual meeting (D). In addition, they conduct questionnaire surveys forresidents and check and assess the survey results (C). Finally, based on the questionnaire
results, they urge children to join community activities and utilize the outcome to review theplan (A). See Toshiya Yamamoto, "Creation of Safe and Reassurance Towns for the Future,"
in the "Jumin Gyosei no Mado (Window of Administration for Citizens)," October 2012 issue,
Nihon Kajo Shuppan Co., 2012, P. 12.
24
But the scale of the fact-finding surveys on damage and harm from crimes now conducted21
22— 13 —

situation of crimes and have potential as a tool for risk communication in the entire
community. But considering that these statistics are tools themselves and thatthe purpose of utilizing them is only to improve crime control steps, the statistics
suited to the goal should be collected instead of setting the goal on the basis ofalready prepared statistics only.
To attain the purpose mentioned above, it will be required to conduct theanalysis in a timely way by narrowing the subject of the analysis down to thespecific crime category, crime event, etc. in question at the time and to reflect theresult of the analysis on measures against crimes. Moreover, care should be taken
in publicity (activities) so that the analysis of the statistics may not cause any
presumption or any bias to a particular factor.
2. Direction of future countermeasures against crimes(1) Continuity and development of conventional approaches
Crimes take place because of the "factors related to the perpetrators of crimes"
and the "factors related to the environment of crimes."
As a "factor related to the perpetrator of crimes," the fading of one's norm
consciousness is mainly given as an example. This is caused by, among others,
the fact that a sense of belonging to the community, company, etc. has becomeless keen and that human relations, including those among family members, havebecome less close. It is supposed that these factors have reduced the community's
capacity for discouraging perpetrators from committing a crime.25
On the other hand, the "factors related to the environment of crimes" include,in addition to the weakness of lifestyles and living environments helping control
crimes, which is the fact historically observed, the great changes in the pattern oflife that have spurred on the weakness (increase in stores operating around theclock, the diffusion of cellphones, the Internet, credit cards and automated teller
machines (ATMs), etc.) and the anonymity in the "cyberspace" described later.
Since 2003, the crime control steps based mainly on the "Action Program,"
is smaller in, for example, the number of samples, as compared with that of similar surveys
carried out in foreign countries (See Note (92) below).
25
Another example of the "factors related to the perpetrators of crimes" is crimes byforeigners who visit Japan. The number of arrests of foreigners who committed crimes madea record of 47,865 in 2005, and during five years from 2004, the Immigration Bureau, thepolice, etc. took comprehensive anti-crime measures with the aim of reducing the number offoreigners who illegally stayed in Japan to a half. As a result, the number of illegal residents
decreased to 67,065 persons in January 2012, 30.6% of the figure for 2004, and that of arrestsof foreigners on charges of committing crimes fell to 15,368 in 2012, 32.1% of the level in thepeak year [Data 15 and 16].
— 14 —

especially steps against crimes in street crimes and break-in crimes according
chiefly to the "Comprehensive Measures for the Control of street crimes andbreak-in crimes" described in 1 (5), have been taken paying attention primarily
to the physical environment related to the latter factors mentioned above (patrolby police officers and crime prevention volunteers, improvement in crime control
environments, control sover break-in tools, etc.).
The decrease in the number of reported criminal offenses resulting from thesemeasures shows that proper measures against crimes can achieve good results,
and there will be a need in the future to prevent re-increase in crimes by making
further efforts to establish the approaches that utilize the physical environment.
On the other hand, there are some crime categories, such as Furikome Fraud
and cybercrime, which still occur frequently or become more serious because it is
not easy to improve the environment used for crimes or because changes in theenvironment have been made in a direction promoting crimes at a more rapid pacethan the countermeasures taken. For these types of crime, there is a need to takesteps to lessen the opportunities for crime in a more diverse way.
To achieve this, the efforts and cooperation of related business establishments
depending on the actual state of these crimes and on the environment abused
for the crimes are indispensable. Therefore, it is required more than in the past
to obliterate the difference among these business establishments in degrees ofinterest in, and commitment to, measures against crimes and to encourage themto take part in these measures as part of their social responsibility.
Patrol activities, etc. by community residents have also been established andhave produced good results26. Continuing efforts and measures to maintain andrevitalize, and (further) increase these activities even in an aging society will be
required.
To realize this, the activities of these business establishments, community
residents, etc. should be based on cooperation with the activities of the policeand other public organizations and should have continuing supports from theseorganizations.

For example, the crime prevention patrol by the neighborhood association in TamagawaDenenchofu in Setagaya City, Tokyo, has achieved good results: for example, the incidenceof burglary cases after the patrol was started decreased by 80-85% compared with that
before. See Hiroo Maeda, "Policies for Increasing Safety-securing Capacity in the Community(Neighborhood Association) in Setagaya City – Case of Effective Prevention of Burglary
Damage by means of Scientific Patrol–," in "The Journal of Police Science)," Vol. 60, Vol. 3.
Tachibana Shobo Co., 2007, p. 180. In the future, it can be expected to examine the effectmore precisely by, for example, comparing the results with those of the surrounding districts.
26— 15 —

(2) Introduction of new approaches
A. Need for measures paying attention to the "settings" where crimes
are prone to occur and continue
It is considered that the crimes victimizing weak persons, which havebecome more serious recently, cannot be fully eradicated by the conventional
stopgap measures against each of crimes and crime categories. Thus there is aneed to plan more comprehensive and more effective preventive steps, taking
account of the characteristics of the weak prone to suffer damage and harmfrom crimes.
An increase in the recidivism rate (ratio of recidivists to the total criminals
arrested)27 and the problem of those elderly persons and persons with mental
retardation who repeat crimes, including minor ones, have been pointed out,
too. There is a possibility that the effects of recent measures against crimes
laying emphasis on prevention have not shown up fully for recidivists.
From the viewpoint mentioned above, the entire community should makeefforts to prevent damage and harm of weak persons, who are potential victims,
and to rehabilitate perpetrators and prevent the second offenses by them. In
addition, there is a need to study, as new approaches to crime control, crosssectional measures paying attention not only to individual crimes and crime
types (interests protected by law) as in the past but also to the "settings" wherethe "vulnerable" members of the society are likely to be produced and crimes
are prone to take place and continue.
B. Need to reduce the social risks leading up to crimes
Considering that "safety" is secured by minimizing risks, it is considered that
there is also a need to regard "countermeasures against crimes" as "measuresagainst social risks" broadly. In this case, consideration should given, too, tomeasures against such social risks as minor crimes and frtin social behabion(e.g., acts controlled by prefectural and municipal ordinances and acts notnecessarily resulting in crimes ("acts that will ultimately lead to crimes if they
are left alone," "acts arousing anxiety to people," etc.)) (measures to lessen therisk).
Therefore, it is necessary to examine what positive intervention in crimes
and pre-crime acts, including frtin social behabion, should be (organization,
method, etc. of the intervention)28.
The number of recidivists arrested for criminal offenses has been declining since 2007, but
the recidivism rate has consistently been rising since 1997, reaching 43.8% in 2011 (up 8.9%
compared with in 2002) [Data 17].
28
Comprehensive social policies in the community may lead to the prevention of crime andunlawful activity, too. From the result of the questionnaire and other researches continuously27— 16 —

Chapter 3. Measures against crime for a "safe and reassuring future"(Detailed discussion)
This chapter will specifically analyze the "new approaches," one of the subjects
discussed in Chapter 2 (general discussion), in A and B below. Then what future
measures against crimes should be, in consideration of traditional approaches, too,
and who or what organizations should take measures against crimes will be discussed
in C to E below.
[A] Attention to and measures for the "settings" where crimes are prone
to occur and continue
As stated above, measures paying attention to the "places where crimes andaccidents are prone to take place" (e.g., places where people's attention is not paidenough) from an environmental criminology's viewpoint have been taken in thepast, too. But it is considered that most of these measures were only individual andspecific ones for particular physical and geographical "places" and "spots."
On the other hand, there are some cases, too, where certain types of space("settings"), such as households and "cyberspace," regarded, because of their concepts
and rules of composition, as different from general communities, have become thespaces where crimes and dangers are prone to occur and that cannot be seen wellfrom the outside and are thus advantageous to criminals.
Moreover, in addition to households and "cyberspace," settings closed and isolated
from outside, where there is a great deal of pressure to conform to other people
around may be the "settings" of the type similar to those referred to above. Actually,
there are incidents where children, women and other vulnerable people suffer fromcontinued assault/violence or sexual harassment in these spaces (e.g., schools, sports
teams and workplaces).
conducted in Kobe, Shigeo Tatsuki and Anna Matsukawa found that social capital (Translated
as shakai-kankei-shihon, etc. in Japanese, this term was expressed by the two scholars asfive indicators of community activities: participation of many types of residents, utilization of
events, securing the independence of the organization, cultivation of interest in and affection
to the community and greeting activities) helped promote objective crime prevention ofcommunity and perception of crime risk (awareness of possible crime in the community)
reduce anxieties about crimes. See Shigeo Tatsuki and Anna Matsukawa, "Activation
Degree of the Community Seen from Social Capital and Safety and Security (Latest Report):
Analysis of the Data of the Continuous Researches by the Neighborhood Associations andCondominium Management Unions in Kobe in 2007, 2008 and 2010," in the "Toshi Mondai
Kenkyu (Study of Urban Problems)," Vo. 62, No. 3, Society for the Study of Urban Problems,
2012, pp. 30-56.
— 17 —

These "settings" were traditionally regarded as "private areas" and as different
from public spaces, and were largely left to the "autonomy" of the "setting" as asystem or custom. But as a result of recent socioeconomic changes and the progressof communication technology, etc., the differences between public and private areas
have become less noticeable. From the viewpoint of measures against crimes, due
to, among others, changes in the social assessment of the need to protect victims29,
the traditional principle that events in these sites should be excluded from public
intervention because the areas are "private ones" is no longer appropriate in somecases.
Therefore, there is a need to examine the degree, timing and method of necessary
public intervention from viewpoints of both measures before and after the fact, in
events in these "settings," considering their characteristics, the characters of themembers and the original purpose of establishing the space and in the light of actual
conditions30.
1. Households(1) B ackground of violence and other offenses in the "places" ofhouseholds
Households are the most important "settings" recognized as "private areas," andproblems of Domestic Violence : DV, child abuse, the abuse of elderly persons, etc.
have become more serious in households.
Everyone hopes that "households should be safe and secure places and aresuch places." But it can also be said that a "myth" (recognition) that "households
are (actually) safe and secure places" has been created. Because of this myth, the"crimes," such as violence, and power relationships, which are really committed
and exist in households, are apt to be overlooked. In addition, it is difficult to
As expressed in, among others, the U.N. "Convention on the Rights of the Child" in 1989
and "Declaration on the Elimination of Violence against Women" in 1993 and the "MadridInternational Plan of Action on Aging, 2002" adopted at the Second World Assembly on Aging,
the awareness that "family violence (violence against persons in an intimate relationship in
the family) " is a serious violation of human rights of children, female and elderly people has
been growing internationally, and the need to take steps to prevent family violence has been
urged strongly from the standpoint of the protection of the socially disadvantaged and theirrights. See Toshihiro Kawaide and Kim Kwanguk, "Criminal Policies," Seibundo PublishingCo., 2012, p. 423.
30
Households and "cyberspace" are substantially different in structure, character, history,
function, etc. But it is considered that as described in detail below, these have something incommon with each other in that both of them can be turned into the "‘setting’ where the ‘weak’
are liable to be produced and crimes are prone to take place and continue," which are pointed
out in Chapter 2, 2 (2) A.
29— 18 —

(positively) intervene in household affairs from the outside, and acts of violence
are prone to be continued in the household. Therefore, households may turn intothe "settings" more dangerous than the society at large to women, children andelderly people.
(2) Creation of social recognition for DV and other offenses
To secure the physical safety of victims, there is a need for early (and positive)
interventions and efficient measures by related organizations, etc. It will beinappropriate to hesitate to define the case of DV, the abuse of elderly persons
and child abuse as "crimes" and to "intervene in an effort to break off the relation"
instead of "patching up the relation," bound by the "myth," although physical safety
is actually threatened.
To make the perpetrators to become aware of the seriousness of DV and otheroffences, and to discourage them from committing such acts 31, the creation ofsocial recognition that "DV and abuse ARE crimes" and the positive involvement
and intervention by the police will be effective.
To achieve this, there is a need to create a consensus about the importance ofthe community’s participation in the problems of DV, child abuse, etc. Also needed
is to create social recognition that it is enough to find the "act" itself rather thanleaving the "assessment" of the "degree" of the DV act, etc. to the person who
reports such act to the police.
(3) L imits to conventional countermeasures based only on theframework of criminal laws and needs for continuous follow-up by
cross-sectional steps of related organizations
For the problems arising in the household referred to above, it has been
restrained from applying the Penal Code to these problems in some cases for thereason that events in the household are acts perfoumed in accordance with laws
or pursuit of lawful business or the cases against a family member, which are
not punished. The Code of Criminal Procedure has regarded the "intervention,"including arrests, only as a procedure for "punishment" of a "crime (criminal)."As such, it is difficult in many aspects to deal with these problems only byapplying the Penal Code and the framework of the Code of Criminal Procedures
mentioned above. To protect victims and secure their "safety" in the true senseof the words, only the temporary involvement and intervention of the police at
Especially in the case of DV, etc., the victim's real wish is, in most cases, not to "punish"
the perpetrator itself but to "have the perpetrator stop the act" through "intervention," suchas the arrest of the perpetrator. This will be the same to the case of anti-stalker measures.
31— 19 —

the time of the offending act are not enough; which are more important are the"therapeutic intervention" for the rehabilitation of the perpetrator (e.g., counselingand participation in rehabilitation programs) and follow-up for the victim (e.g.,
providing a safe and secure place and a foster parent) after the involvement andintervention by the police.
Thus it will be essential to study a legal framework for taking these steps at
the same time as police involvement and intervention and to establish a proper
role-sharing and "information network" system of related public organizations andothers so as to make it possible to take cross-sectional steps32.
2. "Cyberspace"(1) Background of crimes in the "places" of "cyberspace"
A. Characteristics of "cyberspace"
The Internet was started as a tool used only by specialists and engineers.
But the subsequent rapid development of technology made it a tool for thegeneral public. As personal computers, smartphones, etc. became essential
means for people's daily life, huge "cyberspace" were created, and a large
number of users are involved in this space every day just as in the real space.
"Cyberspace" have the characteristics very different from or quite unlike indegree those of the real space, such as anonymity, instantaneousness, bulkiness,spatial limitlessness (capability to easily cross the border), dispersiveness,
specialization, technicalness, evolvability, etc. In addition, "cyberspace" are theworld where the difference between strong and weak persons widens greatly
depending on the related knowledge they have.
It has also been pointed out that behind the increase in crimes and troubles
in "cyberspace" lies an incorrect understanding that "anything is allowed to doin "cyberspace."33
These characteristics help "cyberspace" be the "setting" where crimes
are apt to occur and continue. Spatial limitlessness is in particular among
the factors for globalizing cybercrime, increasing their damage and harm andimpact, making the investigation difficult. Coordination and cooperation among
For the perpetrators of sex crimes, for example, the Sex Offenders Medical Center(SOMEC) of the Association for Considering the Treatment System for Perpetrators of
Sex Crime, an NPO, conducts group cognitive behavioral therapy (GCBT) programs. In
the future, there will be a need to study how these NPOs, etc. and the police, judicialorganizations and the like should cooperate and how such cooperation should be placed in thecriminal and judicial system.
33
See the National Public Safety Commission and the National Police Agency, "The White
Paper on Police 2011," p. 19.
32— 20 —

international sovereignties have thus been indispensable to the investigation ofand countermeasures for cybercrime34.
"Cyberspace" has also some other characteristics not necessarily observed inthe "real space," such as the fact that people's behaviors remain in records andthat the signs of crimes are concentrated on the management of the Internet
providers. But it has been pointed out, too, that criminals have greatly changed
the means to protect anonymity, as preventive measures were improved andnew communication equipment and services appeared35.
B. Relations between "private areas" and "public areas"; and "real"and "virtual"
From the legal viewpoint, "cyberspace" was regarded from the start asprivate spaces established, operated and managed by the Internet service
providers (ISPs). "Communication" in the space has been especially considereda highly "private" area.
But at present, many people are using the Internet as the public space foractivities for their life in society, such as daily communication and the sale andpurchase of articles, and "cyberspace" are now working as an infrastructure
essential for people's life. And "cyberspace" cannot be called purely the "privatearea" based on the state of its use, it has turned into what cannot be classified
only as "private area" or "public area."In the past, there was a strongly fixed idea that "cyberspace" was "virtual"
one and was a completely different world from real communities ("real" space).
But recently, cellphone terminals with functions equal to those of personal
computers have diffused widely, and these terminals can be connected to theInternet anytime and anywhere. In addition, social networking service (SNS)has enabled users to (positively) provide information to "cyberspace" any time
as part of their daily life. As a result, communities in the "cyberspace" havebeen formed rapidly. Further, it has become quite common that the information
The National Police Agency copes with international cybercrimes by utilizing suchframeworks for mutual assistance in international investigation as the International
Criminal Police Organization (ICPO), treaties on mutual legal assistance in criminal mattersand around-the-clock contact points on cybercrimes (See op. cit., "The White Paper on
Police 2011," p. 45). The International Association of Internet Hotlines -INHOPE is also
promoting cooperation among the hotlines of the member countries (In Japan, the Internet
Hotline Center Japan) and exchanges harmful information, including information on childpornography.
35
See the Conference on Comprehensive Security Measures, "Report of the Conference
on Comprehensive Security Measures 2011," 8, pp. 23-. In the case of an advance noticeof crime given on the Internet message board by remote control that occurred in 2012, thedistributed anonymity technique was used.
34— 21 —

exchanged in these communities is returned to real communities and brings
changes people's behaviors in these communities.
In these changing situations, it is difficult to say that there is a consensus
among users on differences between the "rules" in "cyberspace" and those in
the real world and on the applicability of "rules" in the real world, partly becauseof the characteristics of "cyberspaces" described above.
(2) Activities for the safety and security of "cyberspace" as a "setting"
The characteristics of "cyberspace" stated in (1) above make the measuresagainst and investigation of cybercrime at present more complicated and difficult,and also make "cyberspaces" especially advantageous "setting" for criminals.
In many cases, the persons offering the sites and tools for promoting or
facilitating the commitment of crimes as crime infrastructure, such as the directcommitment of crimes in "cyberspace" (e.g., the displaying and transaction of childpornography, phishing, libel and slander, and the distribution of pirated content)
and so-called "black-market sites" urging unlawful acts, including the transactionof bank accounts or drugs, are substantially more malicious than the general users
who commit cybercrimes individually.
Considering these characteristics of cybercrime, there is a need to consider
crimes in "cyberspace" from a broader viewpoint of safety not as simple property
crimes, etc. It will be more effective to regard "cyberspace" itself as the "setting"where crimes are apt to take place and continue, and to examine cross-sectional
steps than depending on the conventional longitudinal way of thinking basedon individual crime categories and interests protected by law. More specifically,
possible strategies will be to establish the norm consciousness of users for"cyberspace" just as for real spaces and to take the measures including "positive
intervention in crimes and pre-crime acts, including unlawful activities" as
discussed in Chapter 2, 2 (2) B36.
The applicability of so-called "broken windows theory" should be studied, too. Ko Shikata
pointed out that "There is a need to improve norm consciousness and crime-prevention
consciousness in cyberspace by reinforcing control on illegal and harmful information on theInternet and by the participation of general users themselves in crime-prevention activities.
An atmosphere where perhaps because of the anonymity of the Internet, even general users
are ready to commit minor illegal or nuisance acts in cyberspace is observed. As alreadyshown in the experiences in crimes in public place, if we are insensitive to unimportantunlawful acts and nuisances, we might increase malicious crimes." Then he stated that "It is
important for control on cybercrime and improvement in norm consciousness in cyberspace
to cover the "broken windows of cyberspace" as it were, by strengthening control on illegal
and harmful information. In addition, if the people who seriously work for securing thesafety and security of cyberspace increase not only in the police but also among somebusinesses and general users, that should have a great impact on improvement in the norm36

— 22 —

To achieve the foregoing, not only the activities of the police but also thecooperation of private businesses and organizations will be indispensable37. The
self control of businesses, including that from the viewpoint of the secrecy ofcommunication, etc., is especially important, and self control is required to be
fair and transparent in order to promote it. Therefore, the examination of theframework of the control, such as the standards, should not be left to businesses;
instead, proper cooperation and participation of various other stakeholders as wellas businesses will be needed38.
In addition, in light of the situations mentioned above, there will be a need toestablish and share some rules based on publicness, which differ at least from therules applied to purely private spaces, as a precondition for these measures39, 40, 41.

consciousness of other businesses and general users who are watching the activities ofthese people." See Ko Shikata, "No Safety and Security of the People without No Safety andSecurity of Cyberspace" in the "Keisatsu Koron," Vol. 65, No. 12, Tachibana Shobo Co., 2010,
pp. 6-7.
37
For example, the safety of the Internet users is usually protected by the security staff of
ISPs, anti-virus software and the businesses providing security service in most cases.
38
For example, the blocking of child pornography may be regarded as a typical case ofvoluntary control. The system for blocking is composed of the examination of the childpornography data provided by the Internet Hotline Center Japan and the police by theInternet Content Safety Association (ICSA), an independent organization of private
businesses, and the blocking by providers, etc. based on the examination.
39
In this respect, it will be helpful that Lessig referred to in Note 18 above stated that "Webuild a world where freedom can flourish by setting society upon a certain constitution. An
architecture - not just a legal text but a way of life - that structures and constrains social andlegal power. See Lawrence Lessig, "CODE VERSION 2.0," translated by Hiroo Yamagata,
Shoeisha, 2007, p. 5.
40
For example, there are no fixed rules at present for measures against illegal messages tothe Internet message board, the storage period of records of access to servers, etc.
41
Initially, the Internet was started as an essentially free space not governed by any rule. But
as users, the method of use, etc., have been diversified and matured, today's "cyberspace"have been the routes and "setting" essential for the distribution of information and speech,
and as a result, such daily life activities in community as the transaction of articles andexchange of people, are carried out in "cyberspace." In examining rules for "cyberspace,"the viewpoint of protecting the free activities of the general public by regarding the "public
infrastructure"- and "public forum" like character of "cyberspace" so as to prevent the spacefrom turning into the space controlled by some businesses, operating companies, etc.
— 23 —

[B] Targets and methods of measures against crime: what positive
intervention, including one against anti-social behaviours, should be
1. "Preventive intervention" 42
Positive intervention in crimes and pre-crime acts 43, including anti-social
behaviours, as mentioned in Chapter 2, 2 (2) B above, is called "preventive
intervention" here and will be discussed below.
Some people have doubts about "preventive intervention" and consider that it
will be enough to make quick intervention oftan a crime has been committed44.
But visible acts of aberration give residents a sense of (great) fear about crimes,
and preventive intervention is useful in removing these anxieties45.
"Intervention" used here is not limited to intervention by forced means. It includes thecases where such measures as giving a warning or guidance are taken at the stage before theact turns into a crime if a serious situation may arise when no step is taken. See Masahiro
Tamura, "Crime Control Methods," in "Examination of Crimes from Various Viewpoint: in
Celebration of the Seventieth Birthday of Professor Toyo Atsumi," Yuhikaku Publishing Co.,
2006, p. 325.
Toyo Atsumi stated that "intervention means "interference" and "involvement" " and thatto prevent crimes and delinquencies, it is important to make immediate intervention or
early intervention at the stage when there are signs of a crime or delinquency, such as anact of minor aberration, to eliminate and reduce the risk factors liable to cause a crime ordelinquencies by the cooperation of related organizations and to introduce measures toincrease the factors useful to socialization (protective factors). See Toyo Atsumi, "Prevention
and Reduction of Crimes and Delinquencies -Comprehensive Strategies Based on Realities
and Basic Theories Supporting the Strategies-," in "Legal Principle of Crime Prevention," ed.
by Toyo Atsumi, Seibundo Publishing Co., 2008, pp. 35-38 and also "Managerial System ofJuvenile Delinquency (2) <Comparison between Japan, the U.S., the U.K., etc.> -With the
Restoration of Communities in Mind,-" in "The Journal of Police Science," Vol. 58, No. 11,
Tachibana Shobo Co., 2005, pp. 182-185 and p. 189.
43
While the act requiring a permit or an approval of the government agency is a type of"preventive intervention," the acts supposed here are those similar to crimes in the presenceof a police officer which give a sense of fear to people themselves (e.g., littering, acts
disturbing the place (indecency in public, etc.) and harassment (stalking, etc.)).
44
About the preventive intervention of the government agency at the stage when thedanger is abstract, Hiroyuki Shirafuji states that because the "prior consideration of risks
and dangers" in the area of the Police Act always has the danger of assuming that "persons
not to be blamed" are "potential criminals or violators," "assimilating" them if possible and"eliminating" them in the worst case, it is essential to examine legal theories carefully before
such prior consideration." See Hiroyuki Shirafuji, "Theories of "Freedom in Safety" and the
Police Administration Act," in "Koho Kenkyu (Study of Public Law)," No. 69, Japan Public Law
Association, 2007, pp. 45-68. On the other hand, Keiko Sakurai argues that "The importancefor daily life of controlling in a broad sense the anti-social acts that threaten residents' daily
life and deteriorate the security of the community and maintaining the existence of the42— 24 —

"Preventive intervention" has also the advantage of smaller "costs borne by
the community" than measures taken after the crime (e.g., punishment andcompensation for damage and harm) in that (1) it gives less mental, time andeconomic burdens to both of the intervened and intervening entities, (2) it ispossible to avoid labeling the intervened party as a "criminal" and (3) in the casewhere it is difficult or impossible to make good the damage once it occurs, it can
be avoided beforehand to inflict such damage to the victim or the community46.
community and of preventing the occurrence of crimes is overwhelmingly great. When wego back to the basic problem of for what purpose the state and local governments exist to
begin with, we have no reason to hesitate to exercise necessary ‘police authority’." See
Keiko Sakurai, "Study of Administrative Police -Need and Effectiveness of Preventive, Direct
and Immediate Administrative Police Activities-" in "Security Science Review," Vol. 6, theAssociation for the Study of Security Science, 2004, pp. 179-199.
45
Many studies of a sense of fears about crimes have been conducted since the 1960s in
English-speaking countries, and it has generally been agreed that visible acts of aberration
affect the sense of anxiety. But debates have been continued about the details of the "visibleacts" having such effects (e.g., seeing a person doing a littering act and noticing the litter).
For discussions about the details of "visible acts," see, for example, Perkins, D.D. and Taylor,
R. B., "Ecological Assessments of Community Disorder: Their Relationship to Fear of Crime
and Theoretical Implications," in the American Journal of Community Psychology," 24 (1),1996, pp. 63-107.
Similar studies were conducted in Japan, too. Tatsuki and Matsukawa, already referred toin Note 28 above, confirmed, based on, for example, the Community Power Reinforcement
Section, Participation Promotion Department, Citizens Participation Bureau, City of Kobe,"Report of the Community Building through the Creation of Social Capital: Based on the Fiveyear Investigations and Analyses," 2011, an investigation in Kobe in which they participated,
a time stable route where the incivilities of the community enhance crime risk perception,
which then increases the fear of crime.
Tatsuki, et al. also reported that the conclusion of the social research of Mamoru Suzuki and
Takahito Shimada (See "Impact of Improvement in Community Environment and Disturbanceof Social Order on a Sense of Fear of Crime," in "Report of the National Research Instituteof Police Science: Part of Crime Acts," Vol. 43, No. 1, 2006, pp. 17-26) and that of thelaboratory study of Onodera, et al. saying that the environmental factors of the community
are themselves more important sources of a sense of fear (See Rie Onodera, Masayuki
Kiryu, Kyoichi Himura, Terumi Mimoto and Kazumi Watanabe, "Approach of the Laboratory
Study for Studying Factors Arousing a Fear of Crime," in "Hanzai Shinrigaku Kenkyu (Studyof Criminal Psychology)," Vol. 40, No. 2, Japanese Association of Criminal Psychology, 2002,
pp. 1-12) are consistent with each other. These conclusions are consistent with the analysis
conducted by Takaya Kojima by regarding the investigation on fear of crime by the Social
Security Research Foundation ("Analysis of Causal Relations of Changes Compared with thePrevious Investigation," in "Investigation and Research on a Sense of Fear of Crime, etc.:
Fourth Report," Social Security Research Foundation, 2011), too.
46
For example, while it is difficult to compensate for damage from a crime seriously impairing
the dignity of people, such as sex crime and child pornography, it is mostly difficult, too, to— 25 —

The entity making this "preventive intervention" is not limited to the police, andsanctions by punishments are not always required in "preventive intervention.""Preventive intervention" without any punishment will need the examinationdifferent from or on a different level from discussions in the past about, among
others, "nulla poena sine lege (legality principle)," "freedom of expression" and"right to live" that are needed from the standpoint of constitutional scholars when
the control measure is taken by a punishment.
Voluntary control by businesses, etc., that is, establishing rules and penalties by
the business community, and control using administrative methods47 and the useof administrative penalty will be effective, too. There is a need to study the steps
to be taken, including the cooperation and role sharing of police administrationand other parties and an increase in awareness of "social manners and norms" bymaking a prefectural and municipal ordinance or any other regulations.
2. Measures against anti-social behaviours by administrative methods
It may be reasonable and give advantages similar to diversion 48 to adopt
administrative methods with prompt steps similar to control over illegal parking or
unlawful activities that are minor and can be clearly distinguished, mainly because
the total cost may be reduced, prompt actions can be taken without labeling people
as a criminal49.
However, in case of certain administrative methods especially which are greatly
disadvantageous to the subjects, its administrative procedures are quasi-criminal
and are as heavy as the one of criminal methods. Therefore, consideration should
be given to the fact that some administrative methods are not considered more
prompt and less costly than judicial procedures.
In addition, the method of and the entity in charge of the intervention need to
be examined, and the human resources necessary for making the intervention(those having the system or authority for effective intervention) should be kept,
get compensation for a large amount of monetary damage for grandparent scam, etc.
47
The concept of this term has not been defined clearly, but the discussion here will be
conducted considering that it has roughly the same meaning as the "various administrative
methods excluding ‘administrative penalties’" as used in Kikumi Noguchi, "‘Control by
Administrative Methods’ on Disturbing Acts of Public Order -with the Minor Offense Act as
Motivation-" in "Security Science Review," Vol. 12, Tachibana Shobo Co., 2010, p. 111.
48
This term means adopting any other non-penalty method to crime by avoiding ordinary
judicial procedures. Examples include the system of notifying the violation of traffic rules andthe punishment of minor offenses. See Kawaide and Kim, op. cit., "Criminal Policies," p. 123.
49
Police activities at present have worked as virtual "(immediate) administrative guidance
based on punishments (authority to arrest)" to citizens in some aspects.
— 26 —

too.
In this respect, the activities of Chiyoda City, Tokyo, for patrolling and taking
other steps by the cooperation between the personnel of the city office andresidents while imposing karyo, or non-penal fines, for smoking on the street by
the municipal ordinance will be helpful50. Laws and regulations have been enacted
and enforced for the system for child abuse where the child consultation center
is authorized to check the safety of and temporarily protect the child and thepolice assist the center in these tasks, too. This way of dealing with problems will
provide useful information51.

In 1999, Chiyoda City enacted the "Municipal Ordinance on the Prevention of Scatteringof Cigarette Butts, Empty Cans, etc." that provided for the obligation of city residents tomake efforts not to smoke while walking, etc., but this ordinance was not effective because
it had no penal clause. Thus at the request of city residents, the "Municipal Ordinance on
the Creation of the Safe and Comfortable Living Environment of Chiyoda City" was made in
2002 with the aim of coming back to the "starting point of autonomy," that is, the principle of"all the community considering and acting in cooperation and cleaning the town by residents
themselves." The new ordinance would impose karyo, or a non-penal fine, an administrative
penalty, on smoking while walking, throwing away cigarette butts and other similar acts
and ask the "promotion groups" of city residents to join the cleaning of the community,
posting of notices and warnings about prohibited acts and joint patrolling. In implementing
the ordinance, a special body was created in the city office and a rotation system of about
350 members, including regular and part-time city staff, was established; the body imposes
karyo, a non-penal fine, on the violators of the ordinance at the site of violation and conducts
joint patrol together with residents. Since the implementation, the ordinance has achieved
noticeable effects, including a sharp decrease in cigarette butts thrown away, but attention
should be paid to the fact that the city defines the ordinance and its penal provisions only as"the "means" to encourage people to cultivate good manners and improve morals and aims atrecovering manners and building a livable community." See, among others, "Will ‘No Smoking
on the Street!’ Rules Restore Manners?," Gyosei Corp., 2003 and "Outline of the ‘Municipal
Ordinance on Living Environment’ " (Website of Chiyoda City).
51
Article 10 of the Act for the Prevention, Etc. of Child Abuse (requests, etc. for assistanceto police chiefs). There are some other municipalities that employ former police officers as
the staff of the child consultation center in an attempt to promote close cooperation with thepolice.
50— 27 —

[C] A ctivities of the entire community for crime victims, includingthe "Vulnerable members of society," potential victims, and for
perpetrators of crime
1. From the viewpoint of "prior" activities for crime prevention: needs forcross-sectional measures to prevent damage and harm considering
the characteristics of the "Vulnerable members of society" apt to suffer
damage and harm
As to the "Vulnerable members of society," potential victims especially prone
to suffer crime damage and harm 52, the entities helpful to supplement the"vulnerableness" should cooperate with one another in a cross-sectional way
paying attention to their characteristics.
For children, for example, watching over children on school-commuting
roads and other activities are now carried out by many community residents andorganizations. But risks to children also lurk in the spaces other than schoolcommuting roads, which can be seen by adults relatively easily.
Compared with adults, children are vulnerable both mentally and physically.
Moreover, children have, as stated in A above in this chapter, more occasions thanadults to be placed in a closed space separated from the outside and having strongpressure to force them to conform. In addition, as a result of the development of"cyberspace" and the diffusion of cellphones, etc., in recent years, the cases wherechildren come in direct contact with unknown adults beyond households and thecommunity and sustain damage and harm are increasing. Thus attention shouldbe paid to these facts and more entities than in the past should, together withhouseholds and the community, have interest in the prevention of crime damage tochildren and watch over them.
On the other hand, due to continued population aging and the resulting
tendency for elderly people to be isolated, the number of the elderly as potential
vulnerable persons and victims will increase in the future. In the light of thissituation, cross-sectional preventive measures with mutual cooperation amongorganizations for consumer and welfare administration, related businesses andChildren, women and elderly people have been mentioned here as the "Vulnerable
members of society." There is a possibility that other categories of the "Vulnerable membersof society" will be identified as a result of the analysis of victims for each crime category. For
example, as for human traffic cases (cases where persons (especially women and children)
are obtained, transported, and treated in other similar ways by such means as a threat,
cheating and the power abuse for the purpose of sex exploitation, forced labor, etc.), about
60% of the victims in 2012 were foreigners (of whom 56% were the spouses of Japanese) [Data19].
52— 28 —

other parties need to be examined.
For elderly citizens, not only victims but also elderly criminals have tended toincrease [Data 18]. It has been pointed out that behind crimes by elderly peoplelies the "isolation" from the society, and it may be considered that steps to prevent
elderly victims and those to prevent crimes by elderly people are the two sides ofthe same coin.
It will also be expected that through these activities for preventing damage
and harm from crime, a sense of solidarity related to crime prevention will becreated in the community and in the wider world, leading to the development ofnorm consciousness and improvement in the "factors related to the perpetrators ofcrimes."2. From the viewpoint of activities "after the fact" (after the actual crimes)
On the other hand, if a person committed a crime unfortunately, there will bea need not only for such activities as the investigation of the perpetrator but also
for long-term measures for the rehabilitation and prevention of the second offenseof the perpetrator; the protection, support and prevention of second damage andharm of the victims and others, which should be taken at the same time as or evenafter the investigation. In particular, considering increasing recidivism rates andthe problems of DV, stalking and similar offenses growing more serious recently,
the importance of these steps after the fact has been pointed out more often fromall quarters of the society.
These measures cannot be taken only by the police and criminal justiceauthorities, and the entire society (including public organizations, judicial
facilities, communities and businesses) is required to act both for perpetrators andvictims. It is important that judicial authorities, the police, the central and local
governments, businesses, community residents and other entities cooperate andplay their respective roles.
(1) Measures to prevent recidivists
For the rehabilitation of offenders, too, the police, public prosecutors, courts,
prisons and rehabilitation facilities individually act at present and try to achieveeach individual policy goals as "partial optimization". However, there has not beena view for "total optimization" for criminals. In other words, considering that one
person (a criminal) passes each stage of the criminal procedures, measures should
be taken from the viewpoint of what is needed for the rehabilitation of the criminal.
In addition, private judicial facilities lack of social resources and insufficientunderstanding of and interest in the rehabilitation of criminals of the general public
and residents.

— 29 —

Measures for rehabilitation53 are actually taken now at each stage of the systemof criminal justice, but positive intervention before a final conviction has its limits
at present54.
Therefore, also referring to cases in foreign countries55, too, it is necessary to
study systems for early intervention for the rehabilitation of perpetrators.
Punishments are imposed corresponding to the responsibility for acts, but mustnot be too harsh to hinder rehabilitation and must not result in exclusion fromthe community by labeling perpetrators as ex-convicts or discriminating them.
Therefore, the entire community should increase its understanding and awarenessof rehabilitation for supporting it.
In this process, by reporting to the public the actual state of crime and second
offenses using statistics so that they do not have a sense of evasion of rehabilitatedpersons that "those who once committed a crime are somehow dangerous (or are
likely to perpetrate a crime again)" and by providing them with information about
the situation where offenders have been rehabilitated and returning to society,the correct understanding and need of rehabilitation should be shared by thecommunity and it should be made easier for ex-offenders to have support from theFor example, admonition to the target person and instructions about supervision to thesupervisor (e.g., parent or employer) at the time of punishment for a minor offense at thepolice stage, a reprimand given upon suspension of an indictment at the prosecution stage,
application of suspension of execution at the judicial stage and guidance on improvement,
remedial instruction and assistance for job-hunting.
54
In the U.S., there is an idea of sidestepping the issue of securing the target person's rights
by asking the person to agree to the step to be taken. But the problem will arise: whether or
not an agreement got in the situation where the person is threatened that without agreement
the criminal procedures would be continued and a punishment would be imposed is a true
agreement. See Kawaide and Kim, op. cit., pp. 127-128.
55
In the U.K., the Crime and Disorder Act 1998, which aimed at, among others, preventing
delinquency and second delinquency, juvenile delinquents and their parents facing up to theresult of the delinquency and taking responsibility for it and providing effective assistanceearly, stipulated "Reprimands" and "Warnings" at the police station to the juveniles who
committed minor delinquency. The juveniles given Warnings are entrusted to the Youth
Offending Team (YOT) established by the local government and composed of social workers,
probation officers, police officers, the staff of the sections in charge of education and healthand others. In the case where children younger than ten committed a crime for which theywould have been punished if they had been ten or older, if it was required to prevent suchact or in a similar situation, the court may issue a "child protection order" and guarantee
proper care, protection and support for the children or entrust the children to the guidanceand supervision of social workers or YOT staff. See Kiyoshi Yokoyama, "Criminal Justice for
Juveniles in the U.K.," Seibundo Publishing Co., 2006, pp. 62-81 and Ryo Ogiso, "Measuresagainst Juvenile Delinquency in England and Wales," in "Chuo Law Review," Vol. 112, Nos.1
and 2, Society of Jurisprudence, Chuo University, 2005, pp. 723-758.
53— 30 —

neighborhood. In this case, it would be effective, too, that ex-offenders report thepresent situation of their efforts toward return to society, taking the existence ofthe victims into consideration.
In addition, it will be also necessary to increase the entities engaged inrehabilitation programs, expanding the scope from the police, prosecutors, courts,
prisons and rehabilitation facilities into local governments and private sectors,
and efforts to realize "total optimization" should be made by proper and earlyintervention, social inclusion56, such as support for rehabilitation, and continued
watch over ex-offenders (Reliable "safety nets" is important from the standpoint of
measures against crimes)57, 58.
Since April 2011, the "System for Preventing the Second Offenses ofThis term is the concept of living with the disabled in the community by helping one
another instead of separate and eliminating them ("Digital Daijirin Japanese Dictionary,"
Shogakukan, Inc.)
57
The juvenile support teams are, for example, composed of persons in charge at schools, thepolice, child consultation centers and other related organizations in order to take proper steps
according to the problem of individual juveniles, and team members are doing their shareof the work depending on their area of specialty and giving guidance and advice to target
juveniles. See Toru Nakamura, "History of Systems for Preventing Juvenile Delinquency,
Part 1," in the "The Journal of Police Science," Vol. 65, No. 5, Tachibana Shobo Co., 2012, p.
76.
58
It is important, too, to support the parents of juvenile delinquents and to help them develop
the ability to take custody of their children. In France, since 2007, the policies for crime
prevention have given the heads of municipalities the authority to call parents; when children
take to delinquency, the head of the municipality may call their parents and require them todischarge their duties as parents in exchange for the payment of family or child allowances.
The head of the municipality may propose to sign an agreement on parental responsibility,
too. While the head of the local government gives financial assistance to the fulfillmentof parents' duty to give education to their children in some cases, the parents promise toperform their duty to do certain activities and document the promise. See Soullez, "Crime
Situation and the Crime Prevention Activities of the Police in France," "The Journal of Police
Science)," Vol. 62, No. 5, Tachibana Shobo Co., 2009, pp. 81-82.
In the U.K., too, the Crime and Disorder Act 1998 (See Note 55 above) introduced the"Parenting Orders," which gives the parents and other person of the children to whom achild protection order or a guilty verdict was delivered an order to attend, for a given periodof time, the counseling, educational program, etc. designated by the probation officer, social
worker or a YOT member, or make it possible to demand that the parents, etc. ensure thatthe children attend school or stay at home for a given period of time at night. See Yokoyama,
op. cit., "Criminal Justice for Juveniles in the U.K.," p. 65. The parents of the juveniles who
committed a disturbing act of public order or a crime and of the juveniles who may commit
such act or crime may attend the educational program, too, voluntarily. See Ryo Ogiso,"Crime Prevention Policies in the U.K. and France," in op. cit., "Legal Principle of Crime
Prevention," pp. 232-233.
56— 31 —

Perpetrators of Violent Sex Crimes against Children Released from Prison"has been introduced. In this system, the police get from the Ministry of Justiceinformation about the persons released from prison after imprisonment for aviolent sex crime against children and have interviews with them after getting
their consent. In addition, since 2007, the Tokyo Metropolitan Government has
carried out the "Project for Supporting the Rehabilitation of Juvenile Delinquentsby Cooperation with Probation Officers." As part of this project, the "Council for
Supporting the Activities of Probation Officers for the Rehabilitation of Juveniles
Released from Reformatories" was established by related organizations andthe facilities for one-stop service for supporting the rehabilitation of juvenile
delinquents, etc. have been operated. As exemplified by the cases mentioned
above, there is also a need to promote further cooperation between the police
and local governments, and reformatories and protective organizations. Whennecessary information for this cooperation is shared between these entities, it
should be considered to share the information obtained at the stage of investigationand prisons with rehabilitation facilities within a proper scope by securing theappropriate mechanism not only for getting the information but also for keeping
and managing it (including the mechanism for preventing and checking the use of
the information for any other purposes)59.
It is considered that the activities mentioned above will contribute to
an increase in a sense of security and in the understanding of people about
rehabilitation measures both as the steps to eliminate victims of second offenses
and as part of the institutional guarantee of rehabilitation.
To examine the effective steps to prevent second offenses (second delinquency)(and ultimately to prevent first crimes (delinquency)) of juveniles, there is a
special need to study the preventive steps from the viewpoint of developmental
crime prevention60, too. Cases in foreign countries indicate that an examination,
including considerably long-term follow-up surveys of juveniles who committed
crimes and those who did not from their childhood to adulthood and long-term
research techniques, is useful61.
In dealing with this information, special consideration is required not to obstruct therehabilitation of persons released from prison.
60
Developmental crime prevention is composed mostly of approaches to people who commit
crimes. It adopts the idea that it is possible to improve by dealing with the risk factors
leading to crimes and delinquency according to the developmental process of individuals
and increasing protective factors. See Yutaka Harada and Ko Shikata, "Trends of Crime
Prevention Theories: Developmental Crime Prevention and Situational Crime Prevention,"in "The Journal of Police Science," Vol. 59, No. 6, Tachibana Shobo Co., 2006, pp. 71-72.
61
The MORI Survey (Risk and Protective Factors, Youth Justice Board; MORI Youth Survey
59— 32 —

In conducting these follow-up and other surveys, attention should be paid to theneed to deal with information on previous offenses, etc. very carefully.
(2) Provision of "safe and reassuring places" for crime victims
As for the case of violence and other similar offenses in the household, there
are cases where the victim finally died because the counseling centers and otherorganizations, etc. attached too much importance to the relation between theperpetrator and the victim and tried to return the victim to the perpetrator (let thevictim go home) or because the victim voluntarily returned to the perpetrator due
to the victim's wavering heart.
In particular, it is difficult for children to move to any other place than theirhome. Thus there will be the case where public organizations and other entities
should provide children with a safe and reassuring place other than their family.
Therefore, it should be considered to approve as a system the separation of
the perpetrator from the victim within a given extent in the case where publicorganizations and other entities made positive intervention in the case of violence
and abuse in the household 62. To secure the safety and reassurance of thesevictims for a long period of time based on this policy, it will be essential to expand
the foster parent system and other similar systems and to utilize the resource ofthe private sector.

[D] E ntities responsible for measures against crime and mutual
cooperation among them
1. Various entities responsible for measures against crime(1) The state government
As discussed in A to C above in this chapter, not just the police and related
administrative organizations but also private businesses, community residents
and people in general (entire community) should work as players and cooperatewith one another in a cross-sectional way in taking measures against crimes in the2004). See Ogiso, "Crime Prevention Policies in the U.K. and France," in op. cit., "Legal
Principle of Crime Prevention," p. 226.
62
As for the case of child abuse, for example, Article 11 of the Child Abuse Prevention Act
provides that if the parent who committed an act of child abuse refused to have guidance inaccordance with the Child Welfare Act and did not accept the subsequent recommendation tohave the guidance, the child consultation center shall temporarily protect the victimized childor cause the child to enter a protective facility without the parent's agreement and that if it
seriously harm the welfare of the child in question to make the parent in question exercise
parental authority, a request for suspending the exercise of parental authority shall be madeto the court.
— 33 —

years ahead. When these related organizations and players fulfill their respectiveroles, an entity for promoting these activities by organizing and adjusting
the activities and defining a given direction of the measures taken: the state
government is indispensable.
In this case, from the standpoint of the continuity and sustainability of themeasures, efforts must be taken to make individual activities achieve good resultsin the medium-to-long term by the support from the state, such as the budget and"institutional framework" (D 2 (3) below)63, 64.
It will also be effective to create a cycle that the state collects and analyzes
information about safety and reassurance from each region from its standpoint
and provides feedback of measures suited to the needs and characteristics of theregion in the form directly helpful for activities in the area65.
(2) Prefectural and municipal governments
The situation of crimes differs from region to region, and local governments,
especially municipalities, local autonomous entities closest to residents, have
The Crime Innovation Fund managed by the Home Office of the U.K. is the system for
inviting measures for crimes and regional safety problems from each region and providing
budget totaling to 10 million pounds in the two-year plan for 2011 to 2013. The budget isappropriated not by the Home Office directly but by a foundation named the Community
Development Foundation (CDF), which is responsible for the acceptance of applications
and the applicant assessment process. In the applicant assessment, importance is attachedespecially to the cooperation of volunteers and community groups. The website of the Home
Office and the CDF explains the mechanism of the system and outlines the projects selected;
for example, the "Positive Operational Drop-in (POD) Watch" project, a program in the Cityof Nuneaton for making intervention paying attention to the safety and aggressive nature ofjuveniles, is reported.
64
In Japan, too, there is a support system for "participatory town-building funds (e.g.,charitable trusts, non-profit foundations and NPOs)" by the Organization for Promoting
Urban Development, a general foundation. Funded by local governments, community
residents, local businesses, etc., the Organization provides financial support to the "townbuilding funds" that assist town-building projects carried out by residents, etc. to promoteparticipatory town-building activities. See the Organization's website.
65
As an example showing the importance of the state in so-called "informational policies(informational administrative methods)", a mechanism for collecting information about
consumer administration can be given. To help administrative agencies apply laws so as toprevent damage to consumers and its increase, plan and draft the consumer policies of thestate and local governments and provide people in general and community residents withrelated information, the state links the National Consumer Affairs Center of Japan and theconsumer affairs centers across the country with networks through the PIO-NET (Practical
Living Information On-line Network System) and collects data of complaints and requests
for advice (information about consumer life complaints and consultations) gathered fromconsumers in the country by the consumer affairs centers.
63— 34 —

an important role in taking measures suitable for the actual state of each region.
Responsible entity for measures against crimes should not be the police only;
instead, positive efforts should be made to conseive what activities administrative
departments in general can engage in to secure the safety and security ofcommunity residents. On the other hand, prefectures are expected to take chargeof, among others, wide-area support to municipalities' activities and adjustment ofcooperation among municipalities, considering that they can cooperate with thepolice more easily66, 67.
Recently, many prefectural and municipal governments are doing a varietyof activities in the area of "community safety." In particular, the prefectural andmunicipal ordinances for life safety have been made by most local governments
and have been dealing with the danger and anxiety of community residents68.
Administrative policies taking account of the needs and characteristics of theregion have been increasing, too.
What is also very important is that local governments, closer to the region than
the state government, provide support to the voluntary activities of residents
based on the actual condition of the community because local governments cangive more careful and more helpful support.
Keiko Sakurai indicated that while municipalities are more suitable than prefectures, which
cover larger areas than municipalities, when safety measures are taken by the software
method with the participation of municipal residents, such as patrolling of the community(when importance is attached to the feeling of safety), prefectures are more proper whensteps for safe life are taken, including measures against serious crimes (guarantee ofobjective security), too, because they can cooperate with the police more directly and thatthe supplementary work of the two sectors is important from the viewpoint of superposed
safety measures. See Keiko Sakurai, "Regional Activities for Communty Safety and Buildingof Safe and Reassuring Towns: Proper Role Sharing of the State and Local Regions and theSuperposed Structure of Safety and Reassurance," in "Police Policy Research," No.10, Police
Policy Research Center, National Police Academy, 2006, pp. 98-99.
67
In addition, it should be studied to utilize the framework of wide area union, too. Widearea unions make it possible for prefectures and municipalities to deal with their respective
tasks mutually and in a broader area. By effectively linking the problems found in thesurveillance activities now conducted on the municipality basis to the process of prefecturaladministration activities and the administrative activities carried out by the prefectural
police, it will be possible that these parties cooperate each other in taking crime-prevention
measures. Even when individual municipalities find it difficult to handle the problems, quick
and proper steps will be taken by, for example, using the framework of wide area union andby the members of the wide area unions mutually doing activities through the exercise of
their respective authority.
68
As of April 1, 2012, the community safety ordinances were made in 44 prefectures andabout 1,500 municipalities.
66— 35 —

When local governments carry out measures against crime considering theiractual state, the state government should pay attention not to hinder the activities
and motivation of the local governments. The state government is also required
to hammer out a certain direction to prevent any "loophole" in crime control steps
due to the different degree of policies adopted by local governments.
(3) Businesses
The activities against crime by businesses have been proceeding, too69. There
are many fields where some good results have been achieved by the voluntary
programs of businesses and their cooperation with the police and other entities,
and further progress in these activities, including the steps to be taken by theindustries whose business purposes are the "safety and reassurance of life"
themselves is expected in the future70.
However, it cannot be said at present that the measures against crimes ofbusinesses are sufficient. For example, there are some cases where inconsistencies
exist between the activities of businesses due to the industrial category andrelatively new types of business have been used as crime infrastructure.
In connection with A 2 (2) above in this chapter, if priority is given to thevoluntary crime-prevention measures on the part of the businesses (tradeassociations), which are the parties concerned, it is sometimes difficult to makeany objective assessment of the effectiveness of the measures and to improvethem. Moreover, "loss on voluntary control," so to speak, occurs in some cases;
for example, there are cases where users are concentrated on the businesses thatdare to refuse to accept the industry's voluntary control. To prevent this, there isa need to examine the reasons and guidelines for the activities of the business andtrade association and what the assessment by a third party should be.
In "cyberspace," the voluntary control by private communications businesses
has an important meaning partly because there are the rules about the "secrecy
For example, crime-prevention (CP) building parts (which means the "building parts
with higher crime-prevention performance than traditional products, such as those causing
burglars to take five minutes or more in breaking into the house), automobiles equipped with
an immobilizer, etc. that have high theft-preventing performance and the technical standardsof the Japan Security Systems Association (SES E) have been widely used mainly by thecooperation between the public and private sectors.
70"Sustainability" is greatly affected by economic activities. Free economic activities canbe carried out on the basis of "safety," and if "safety works positively for the economy,"
voluntary and continuous activities can be expected. This is why residents' and neighborhood
associations have worked by having a close relation to the community’s economic activities.
But considering that the activities of these associations have tended to decline largely due topopulation aging, the role of private businesses will become more important for community
activities in the future.
69— 36 —

of communications" stipulated by the Telecommunications Business Act and theprovisions for the obligation of the state and local governments to respect thevoluntary activities of the industry (private sector) in accordance with the "Act on
Development of an Environment that Provides Safe and Secure Internet Use for
Young People." While it is natural to respect this self-imposed control, it is alsoessential to discuss the effectiveness of the self-imposed control and the fairness
and transparency of the standard for such control.
"Rules," including those for self-imposed control, take effect only when
they are understood and recognized by users and have been established as acode of conduct. As such, not only related businesses but also participants in"cyberspaces" should take part in the process of establishing the rule. In thiscase, consideration should be given to the situation of those apt to become weakpersons in "cyberspace" (those who lack the knowledge and information about theInternet and the knowledge for and skill in protecting themselves from illegal acts)
and the opinions of these people should be heard adequately in addition to theviewpoints of heavy users and those familiar with "cyberspace."(4) Community residents, volunteers and NPOs
a. Community residents and volunteers
Activities for community safety by residents have been increasing recently
together with the traditional programs by Prefectural Crime Prevention
Associations. The residents and volunteer groups doing voluntary crimeprevention activities have been rapidly increasing since 2003 when crime
situation worsened and reached 46,673 groups and 2,773,597 members as ofDecember 2012 [Data 20]71. The number of the incorporated NPOs working forcommunity safety has growing, too72.
These voluntary activities have been established, and the important role
played by residents, incorporated NPOs and others has been recognized widely.
The active participation of these players will be indispensable for future safety
and security, too73.
See "Situations of the Residents and Volunteer Groups Doing Voluntary Crime-Prevention
Activities" (Website of the National Police Agency).
72
The number of the incorporated NPOs working on community safety activities (whichmeans the number of incorporated NPOs having in the article of association the activities
that fall under the "community safety activities" stated in Item 9 of the Schedule (Related
to Article 2) of Act on Promotion of Specified Non-profit Activities) has been increasing
together with the increase in the total number of incorporated NPOs: 1,388 as of March 31,
2004 to 5,425 as of March 31, 2013. See "Fields of Activities of Corporations Doing Specified
Non-profit Activities as of March 31, 2013" (Cabinet Office "Portal site for incorporated
NPOs")
71— 37 —

But on the other hand, some problems have been pointed out; for example,
these activities have been stagnant or declining as a result of the aging of
the players, depopulation, weak financial bases and insufficient cooperation
between groups, and there have been cases where their groups have not had
the function more important than the sites of exchanging information yet. As
stated in Chapter 2, 1 (4), some good ideas are needed to realize the sustainable
activities by community residents. As for activities for watching children on
school-commuting roads, residents are required to get greater cooperation withschools and the community so as to continue the activities because the parentsof schoolchildren are changing year by year.
After the Great East Japan Earthquake, the people's awareness of disasterprevention activities grew greatly. Because the number of participants involuntary activities in a community is limited and people who are taking part incrime-prevention activities also join disaster-prevention activities at the sametime in most cases. As a result, there are some cases where participation incrime prevention activities is relatively decreasing. Moreover, the diversified
lifestyles of residents, such as an increase in two-earner families, are also
decreasing participants in activities of uniform schedules, time zones andplaces.
In the light of these situations, the ways other than the style of conventional
activities where the members participate on a full-time and regular basis withthe single aim of achieving "crime prevention," including the creation of amultipurpose and comprehensive organization for not only crime prevention
activities but also disaster prevention and other community safety activities
where members can freely take part only in the programs in which they areinterested or only for the time and period when they can participate.
In addition, there are cases where the positive participation of college
students and other young people has been effective, and it will be necessary to
expand these activities, too.
b. NPOs
While the NPOs involved in community safety campaigns are increasing,some of them, especially wide-area NPOs, do not always have a firm
Norimasa Tanaka pointed out that "The social environment is improved and the community
where instead of only some people being safe, all residents can really feel safety andreassurance is created - this may be called "participatory crime prevention." Then he argued
that "situational crime prevention is completed when it is united with participatory crime
prevention where residents play a major role." See Norimasa Tanaka, "Convenience isDangerous -Structural Changes in the Community and Safety," in "Keisatsu Koron," Vol. 62,
No. 3, Tachibana Shobo Co., 2007, p. 12.
73— 38 —

management basis, and the projects entrusted to these NPOs by local
governments are on the decline. In the future, there will arise a need for theactivities of community-based incorporated NPOs in cooperation with local
businesses and the management of NPOs as social businesses.
In this connection, there are examples where NPOs secure the base ofactivities and financial basis by serving as the designated manager of a local
crime-prevention facility. This way of NPO activities should be used as a good
example74.
2. Mutual cooperation among entities responsible for measures against
crime(1) C reation of the place for the communication between different
entities and for gathering of their knowledge
To make future measures against crime as optimal at all times that respondto changes in crime situations and the environment, certain place is requiredfor continuously gathering knowledge from the entities doing crime prevention
activities widely and for examining problems and achieving communication
between these entities75.
One example of NPO's voluntary activities is the case of the "Sakai hill-front forum," aspecified nonprofit activities corporation in Sakai city, Osaka Prefecture. In addition to thewatching of children using cellphones equipped with GPS (global positioning system), theconstruction of the system for sharing crime prevention information and the opening of aradio station for airing this information, the forum is positively offering recommendations
to the municipal government. The "Okazaki Town Development Center Lita," a specified
nonprofit activities corporation in Okazaki city, Aichi Prefecture, is collecting and providing
information, developing and sending experts, conducting researches and investigations
and proposing policies, about citizens' activities, in order to support the various social
contribution activities of citizens, including those for crime prevention, disaster prevention,
declining birth rates and aging population, welfare and the environment. Both of the NPOs
serve as the designated manager of the culture center or community center in the city andare using these facilities as the base of their activities.
There are also the NPOs that are conducting not only crime prevention activities but also
rehabilitation programs. For example, the "Tagawa "Fureai-Gijuku" (Friendship School)"in Fukuoka prefecture is doing projects for supporting the healthy development of young
people and providing advice and lectures on school life for school dropouts, etc. This school
also obtained a relief and rehabilitation corporation license in accordance with Offenders
Rehabillitation Services Act and is operating a relief and rehabilitation facility.
75
An example of the place for grasping the opinions and wishes of the representatives andrelated organizations of the community and gaining mutual understanding and cooperation
about measures taken by the police is the police station councils established at each police
station. Most of the prefectural police hold the meeting of the representatives of these police
station councils, where the members of the prefectural public safety commission attend

74— 39 —

For example, it is desirable that forums (councils composed of related
government offices, local governments, economic circles, labor worlds, bodies
for supporting victims and researchers) are established. It is also hoped to makethe forums the ones reflected on government policies by basing them on the"institutional framework" stated in (3) below as much as possible76.
What is also required is to listen to the views of experts not only injurisprudence but also in economics, statistics, public administration, sociology,
urban planning, activities at the site by NPOs, etc. and pedagogy and conduct a
broad range of debates from various standpoints and viewpoints in the forum of
this type.
(2) Establishment of the mechanism for sharing information
If the various types of entities stated in 1 above are to join hands with one
another efficiently, it is necessary to properly share related information not only
among public agencies but also among private sectors according to the nature of
the information. It is not impossible to share this kind of information under thepresent legal system (e.g., the legal system for free access to information andfor the protection of personal information), but it cannot be said that any positive
sharing of information is achieved now due to so-called excessive responses tothe protection of information. To improve such situation, there is a need to morepositively establish such mechanisms for sharing information77 as will handle
information properly and realize effective cooperation, which will include theregulations defining the reason for providing information and those prohibiting theleakage and disclosure of secrets known to one on business.
in some cases and opinions are exchanged actively. As a future task, it is hoped that themutual cooperation between residents and related bodies and the police organization will bestrengthened further by making it possible to directly share the advanced activities of thepolice station councils and the situation and data of these activities beyond the borders of thepolice station and prefectural police.
76
An example of the case where the proposal for public safety was reflected on a government
policy is the fact that public security-related matters were included in the "The Basic Polices
for Economic and Fiscal Management and Structural Reform" of the Council on Economic
and Fiscal Policy.
77
The frameworks providing useful information (for the sharing of information between
public organizations and the private sector) include the following:○ "Children Requiring AID" under Article 25 and after of the Child Welfare Act (e.g.,
provisions for the basis for the provision of data and information and those for prohibiting
the leakage of secrets known to one on business).
○ "Association for early assistance for crime victims, etc." under Article 23 of the Law for
Providing Compensentation to Innocent Victims of Crimes. (provisions for the basis forthe provision of information by the chief of the prefectual police to organizations under theconsent of crime victims, etc. and those for prohibiting the leakage of secrets known to— 40 —

(3) Examination of the "institutional framework"
As discussed in D. 1 (1) above in this chapter, it is required for future measuresagainst crime to create a mechanism for the cross-sectional and effective
cooperation among various entities. In what form such a mechanism should beestablished, i.e., the "institutional framework" as "infrastructure for measuresagainst crime," as it were, should be studied, too.
a. "Institutional framework" at present: "Action Plan for the Realizationof a Society Resistant to Crime 2008"
The "Action Plan for the Realization of a Society Resistant to Crime 2008,"
a decision of the Ministerial Meeting Concerning Measures against crime,
recommends, realizing that it is the most basic responsibility of the government
to secure people's safety, improving the social environment from all viewpoints,
including the structure of town, such as roads and parks, and the institutions
for, among others, what the acceptance of foreigners should be. Then theaction plan states that each government agency should effectively promotecrime prevention, control over crimes and other related policies while closelycooperating with other agencies as well as with foreign government agencies78.
The concept behind the program is this: considering that crimes are the"microcosms of society" in a sense, measures against crime need not only
control and investigation but also comprehensive steps, including suchpreventive steps as improvement in the economic and social environment that
may become a hotbed of crime and the creation of safe towns, the rehabilitationof criminals and the relief to victims from damage and harm; for this purpose,
there is a need to achieve teamwork of related entities by the cross-sectional
activities of ministries and agencies and also in cooperation with local
governments and private organizations. As discussed in D. 1 (1) above in thischapter, according to the program based on the idea mentioned above, the state
government took various measures by unifying the activities against crime ofrespective bodies and succeeded in, among others, reduction in the number ofcrimes reported to the police.
b. What is required for the "institutional framework" of future measuresagainst crime(a) Need for a legal framework
There is another opinion on the "Action Plan 2008" that the program is
one on business).
○ "Management organization of information on outrageous demand" under Article 32-3,
Paragraph 2, Item 8 of the ANTI-Boryokudan ACT.
78
See op. cit., "Action Plan 2008," p. 2.
— 41 —

not based on any legal authority and its legal position is vague. Moreover, inthe case where the program is based on the cabinet's overall coordinating
function for administration, it basically covers the measures of central
government offices, and local governments and private organizations haveto be excluded from its range79.
Moreover, while measures against crime can now be regarded as oneof the most important policies for people and the community as seen in
the fact that the Cabinet has carried out these measures by its concerted
effort since 2003, there is a question about this: is it all right to determine
the basic concept of the measures with no involvement by the Diet, therepresentative organization of people? Every person should take part inmeasures against crimes voluntarily, and as stated in Chapter 2, 1 (1), it isessential that the measures are those which make "safety" and "freedom"
consistent with each other, while keeping a good balance between them. In
particular, any restriction on the freedom of people should be imposed bylaws, as a rule, and steps of measures against crime are no exception in thata given restriction should be placed on them, too.
In the light of these concernes, it will be desirable that people and thecommunity decide and choose by themselves the framework of measuresagainst crime after proper debates at the Diet, the organ representing
people, i.e., that the framework is based on a legal framework.
As discussed in Chapter 1, 2 (5), measures against crime are, by theirnature, not ones that "may be discontinued just because crimes havedecreased." Considering this, it will be important to examine a legal
framework for constant measures so as to make future activities against
crime, continuous and sustainable.
(b) Examination of a basic act
The legal framework that can be considered first of all will be the form ofa "basic act."
In the past, the legal basis for steps of measures against crime wasmostly the enactment of new acts and amendments to these acts providing
the investigation methods and controls of new crimes and measures for theconfiscation of proceeds of crime etc'. and the prefectural and municipal
It has been pointed out that even if the matters belonging to the category of provisions of
the basic act, stated later, can be determined by the decision by the Cabinet, such mattershave an effect only in the government and do not have any normative effect on the legislatureand the judiciary. See Hiroshi Shiono, "On the Basic Acts," in "Transactions of the Japan
Academy," Vol. 63, No. 1, Japan Academy, 2008-09, p. 19.
79— 42 —

ordinances for community safety as to measure against crime. However,for measures against crime, there is no "basic act", which would cover
countermeasures in general and provide a basis to state activities, as the
Basic Act for Traffic Safety.
It is generally said that a basic act clearly states (i) the basic policies,
principles, criteria and general rules of the state's systems, policies andmeasures (ii) in the fields important to national administration and (iii)
plays a role in embodying the ideas of the constitution as what links theconstitution with individual laws. In addition, it usually provides that themeasures shall be taken according to the basic policies mentioned in (i)above. In other words, the enactment and execution of laws are subject
to the aim and purpose of a basic act, which provides a guideline for theinterpretation and operation of an individual act80. In this case, the basic act
does not always determine some large-scale reform but gives a "certain
direction" to anti-crime measures, which are important state policies, andaims at promoting the activities by the entire community (including policies
stated in (i) and (ii) above)81.
A basic act has the role of arranging and adjusting authorities, notcreating authorities. Even existing authorities can produce new effects formeasures against crime if these authorities are bound to cooperate more
properly by the Basic act, and by imposing the responsibility for taking
measures in advance in preparation for new types of crime on the stateand other organs, it will become possible to take prompt action. Various
entities are now carrying out crime prevention activities, and it will havean important meaning to consider the enactment of a basic act from theviewpoint of imposing on the state the responsibility of promoting crosssectional cooperation among these entities and realizing "total optimization"See Shiono, op. cit., "On 'Basic Acts'," pp. 11-12. At the end of this paper is a list of the 33
basic acts up to the Basic Act on Reform of National Public Officers’ System classified indetail (Thereafter, seven basic acts, including the Aerospace Basic Act and the Basic Act on
Biological Diversity, were enacted, and as of March 11, 2013, there are 40 basic acts).
81
As for this point, the fact that "independent disaster-prevention bodies" as provided
for in the Disaster Countermeasures Basic Act have been increasing will provide useful
information (These bodies totaled to 150,512 as of April 1, 2012, and the coverage ratio (ratioof the number of households in the areas covered by independent disaster-prevention bodies
to the number of all households): 77.4%) (Fire and Disaster Management Agency, "White
Paper on Fire and Disaster Management 2012," p. 259 [Data 21]). In addition, the Traffic
Safety Policies Basic Act and the Basic Act on Crime Victims can be regarded as giving acertain "direction" and promoting "activities by the entire community" as mentioned here andthus achieving considerable good results.
80— 43 —

for measures against crime82.
We should be careful about deriving any specific legal obligation of people
from the abstract and general provisions on obligation often seen in a basic
act, and if it is necessary to impose a specific legal obligation on people or
restrict their right, such need should always be met by a particular act83. But
a basic act can provide a basis for the establishment of a necessary systemand for cost sharing and support and can be effective as the foundation ofcooperation between the state and people.
A basic act also can define the basic concept and policy of anti-crime
measures and clarify "authorization" for "restrictions"84 on crime prevention
steps and can thus determine the role and responsibility of each entity andprotect the entity from excessive demand and interference due to temporary
Toyo Atsumi, "Prevention of and Decrease in Crime and Delinquency," in op. cit., "Legal
Principle of Crime Prevention," p. 44, states that "If the central government is to establish
comprehensive strategic policies and to take steps to reduce and prevent crimes anddelinquencies by effective comprehensive strategies based on the cultural characteristics
of each region, it is desirable to enact the legislation that clearly defines the form of theadministrative organization and plans so that central government agencies can set theguideline for comprehensive strategies, as in the case of the U.S. and U.K. In addition,
Masahiro Tamura, "Future Chaccenges of the Police Administration Laws for Crime
Prevention," in op. cit., "Legal Principle of Crime Prevention," p. 122, argues that "Prefecturalordinances have an important meaning for the framework of cooperation among relatedorganizations for crime prevention, too. In this respect, because the present legal system isbased on the superiority of the state, it is possible to stipulate cooperation among prefecturalorganizations only. It is hoped that a legal framework for enabling prefectures to determine
cooperation with state agencies, too, on their own initiative."
83
It is understood that no specific right or duty of people is derived directly from theprovisions of a basic act and that these provisions rarely work as judicial norms. See Seiji
Kawasaki, "Rethinking about Basic Acts Part 2," in "Jichi Kenkyu (Study of Autonomy),"Vol. 81, No. 10, Dai-Ichi Hoki Co., 2005, p. 49. In particular, criminal investigation andcontrol by the police are the strongest acts of power, and thus it is essential to stipulate therequirements and effects of the exercise of compelling power in police investigation andcontrol in an individual act.
84
"Authorization" here means the authorization given to each entity to take various crime
prevention steps and does not mean any authorization to impose a duty on people orlimit their rights. "Restrictions" mean the restrictions on each entity in taking anti-crime
measures and does not mean restrictions on the freedom and right of people as part of crimeprevention steps.
It is considered that the provisions of a basic act are primarily directed at the governmentand control the policy process both from its content and method by giving tasks andinstructions to the government. See Kawasaki, op. cit., "Rethinking about Basic Acts Part 2," p.
49.
82— 44 —

need, etc. If need for new measures against crimes arises in the future, each
body should take measures, including the legislation of an individual act. But
it will be more appropriate that a "basic act", not an aggregate of individual
acts, plays the role as a pivot for keeping a good balance between "safety"and "freedom" and making the two compatible with each other85.

On the other hand, some questions were presented about basic acts that "Weren't too many
basic acts been made?" and that "Can basic acts, which are basic acts only by name, promote
truly cross-sectional activities of government offices, because the minister in charge candetermine?"
Regarding this problem, Kawasaki, op. cit., states that "There have been some cases that may
be described as the tendency toward the mass production of inferior basic acts and there aresome cases where a basic act was laid down only for a political intention or where questions
are raised about the meaning and necessity of establishing them in a legal form." He thenexpresses a concern about the possibility that this situation may result in the instability or
disunity of law and lessen trust in law and that if a basic act turns into one that only gives
broad discretion to the government or gives an approval to actual administration or policy, it
may create a domain beyond the control of law or the Diet and may be used as what binds thesubsequent legislative activities of the Diet. Kawasaki also points out that there are cases
where a basic act turned into a tool under the competence of a particular ministry or agency
and the ideas, principles and guidelines of the basic act cannot apply to the act in chargeof any other ministry or agency, resulting in only a limited effect of the basic act. See Seiji
Kawasaki, "Rethinking about Basic Acts Part 5," in "Jichi Kenkyu (Study of Autonomy)," Vol.
82, No. 9, Dai-Ichi Hoki Co., 2006, pp. 58-59. and also "Rethinking about Basic Acts Part 1,"
in "Jichi Kenkyu (Study of Autonomy)," Vol. 82, No .1, the same, 2005, p. 77.
85— 45 —

[E] Utilization of statistics, etc. for measures against crimes based on
the management cycle
1. What crime statistics, etc. should be?
As pointed out in Chapter 2, 1 (5), crime statistics, etc. are, from the standpointof the management cycle, one of the most effective tools for understanding thecrime situation and achieving risk communication in the entire community.
Therefore, both in the examination of state-wide strategies and in the
promotion of steady activities in the community, there is a need to understand thetrend and characteristics of the crime situation using crime statistics, etc. paying
attention to the "sense of scale" of the state, local governments and communities
and to take each measure in such a way as to make it effective86, 87.
In the hearing for knowledgeable people held for the formulation of the "Action Plan 2008"referred to above, Professor Masahide Maeda of Tokyo Metropolitan University showed bystudying, among others, the correlation of changed in crime rates in each prefecture andthat of the number of criminal offenses reported to the police with the clearance rate perpolice officer in each prefecture for the 2002-2008 period that the effect of the government's
measures against crime in 2002 and after did not differ according to region and that increases
in police officers resulted in rises in the clearance rate. See Masahide Maeda, "New Spheresof Public Security Measures: A Prospect for the Next Decade" (Lecture at the First Hearing
for Experts on the Formulation of a New Action Program (held on Friday, August 1, 2008), in" The Journal of Police Science," Vo. 62, No. 8, Tachibana Shobo Co., 2009, pp. 18-28.
87
Examples of the analyses and measures using crime statistics, etc.:● COMPSTAT: This is a mechanism for police management based on the analysis of thecrime situation which was started by the New York Police Department. The Police make (i)precise and timely information; (ii) effective measures; (iii) quick placement of personnel
and budgets; and (iv) strict follow-up and assessment; the four principles for the controlof crimes. The COMPSTAT is the system following these principles; in this system, the"COMPSTAT Report" on, among others, the number of crimes reported to the police,
number of arrests and management, including the occurrence of crime relatively close toresidents, is issued once a week and at each police substation, and the "meeting on crime
control steps" is held once every two weeks by the leaders of the city police and the headsof all of the substations, where prompt decision making and support are carried out for the
problems of each substation and examinations and decisions are made on the system forcooperation among substations. See Takahito Shimada, "Learning from the COMPSTATSystem of the New York Police Department," in "Sosa Kenkyu (Study of Investigation),"No. 627, Tokyo Horei Publishing Co., 2003, p. 54.
● Community Safety Partnerships (CSPs) were established in a statute in accordancewith Sections 5-7 of the Crime and Disorder Act 1998 (See ibid., Note 55). They are themechanisms for protecting the community from crime and making residents feel relievedby the police, local governments, fire stations, health and welfare authorities and probation
offices that are working together and gain cooperation from the community group andleaders playing an important role, too. At present, England has 310 CSPs and Wales, 22. An
86— 46 —

The "Safe Community" certification system of the World Health Organization(WHO) is one of useful schemes for utilizing statistical data for cross-sectional
cooperation. In the framework of the Safe Community, while "accidents, violence,
crimes, suicide, etc." are given as threats to "safety and security," "scientificassessment" is regarded as important and statistical data are collected regularly
and made into indicators, and these indicators are shared by people concernedand utilized on the basis of the management cycle. What is assessed using theindicators includes not only the business and projects of the administration
but also the results of activities carried out on the initiative of the community,
such as activities in which community residents took part88. The "Action Plan
2008" recommends the use of the Safe Community System, too, and the local
governments intending to get the certification are increasing89. It is hoped that the
Safe Community System will take hold and develop further in the years ahead.
appropriation is made for activities of CSPs from the budget of the Home Office, and theeffects of activities are objectively assessed by, for example, the survey on the degree ofsatisfaction of residents before and after the measures taken. In addition, successful cases
are positively reported on the website of the Home Office. See the website of the Home
Office.
The problems addressed by CSPs are anti-social behaviors (including noises, threatening
violence and graffiti), the abuse of drugs and alcoholic beverages and second offenses.
● In the "Methods of Collecting and Utilizing Information for the Prevention of Abuse andOther Intentional Bodily Injuries" (Research and Development Project "Safety of Children
against Crimes" of the Research and Development Program) of Tatsuhiro Yamanaka,
aiming at establishing a scientific method for abuse diagnosis (for distinguishing abusefrom accidents), the cases of bodily injuries caused by abuse and accidents have beencollected and made into a database, simulation techniques for reproducing the situationof occurrence of injuries difficult to be distinguished and software for supporting thediagnosis of abuse have been developed utilizing the database, and the techniques andsoftware have been introduced into medical institutions, day nurseries and others to
examine their validity. The outcome has been used for the purpose of sharing data among
related organizations and preventing increases in damage and harm. See "Report of
Research and Development Projects 2011," JST Strategic Basic Research Programs (Social
Technology Research and Development).
88
See Tetsuya Maruta, "What is the "Safe Community," a New Trend of Safety and Security,"in "NRI Public Management Review," October 2011 issue, Nomura Research Institute, p. 2.
The safe community certification granted to a community for its activities is reviewed once
every five years and is cancelled in some cases. The certification is only the starting point
and it is an important problem for the building of a safe community to guarantee subsequent
continuity.
89
In Japan, six municipalities, including Kameoka city, Kyoto Prefecture, and Towada city in
Aomori Prefecture, were given a safe community certification as of March 2013, and six other
cities and wards are working to get a certification (Website of the Japan Institution for Safe
Communities). Atsugi city, Kanagawa Prefecture, for example, carried out, in response to— 47 —

2. Measures to improve the analysis of crime statistics, etc.
The following measures can be considered so as to realize the analysis
mentioned in 1 above90:(1) E xamination for increasing surveys on damage and harm from
crimes, etc.
To understand the crime situation correctly, it is important to study not only
the crime statistics obtained by police activities but also the actual state of damage
and harm (including victims' subjective sense of damage and harm), including
crimes not reported to the police, and to conduct analyses by combining these
data. Therefore, the present situation of surveys on crime damage and harm,
including the entities doing the survey, survey methods, the number of samples,participation of academics and the creation of archives, should be reviewed andimproved91, 92.
people's great interest in safety and security, such activities as the establishment of systems
based on the six indicators required for a WHO certification, the designation of model areas,
the creation of a committee for taking necessary steps and the educational and publicity
activities about a safe community for three years by the cooperation between the municipal
government and citizens. As a result, the city was given the safe community certification in2010.
90
The "Action Plan 2008" referred to above states about the analysis of crime statistics, etc.
that "To obtain basic information for promoting the forming of policies for effective anti-crime
measures, efforts will be continued comprehensively to repeat and continuously conduct
surveys on crime damage and harm, share information on the crime situation by related
research institutes and assess and study the effects of measures against crime, referring to
the data of crime problem studies conducted in industrial nations." See the Plan, 72 (ix), p.
47.
91
For example, it was pointed out that the reliability of interview surveys decreased as aresult of, among others, declining credibility (See Masao Matsumoto, "Administration of
Local Governments: Usefulness of Self-Administered Questionnaires," in "Seisaku to Chosa(Policy and Research)," No.1, Social Survey Research Center, Saitama University, 2011, pp.
8-12). It was determined that not interviews by visiting investigators but mail surveys would
be used for the "Fact-Finding Survey on Crime Damage and Harm" (Research and Training
Institute of the Ministry of Justice) in 2012 and after. See the Research and Training Instituteof the Ministry of Justice, "White Paper on Crime 2011," p. 201.
92
The National Crime Victimization Survey (NCVS) in the U.S. is the survey on crime
victims for individuals and households that has been conducted by the Bureau of Justice
Statistics, the Department of Justice since 1973. The number of samples is 49,000
households and 100,000 persons (Website of Michigan University). The British Crime Survey(BCS) has been conducted since 1982 for England and Wales by a team of the researchers at
the Statistics Bureau of the Home Office. This survey was conducted once every two years
at first, but has been carried out every year since 2001. The number of samples is 46,000,
and interviews are given to 1,000 persons at each regional police bureau (See the homepage— 48 —

(2) Multilayered analysis according to the "sense of scale""The result of macroscopic" (e.g., the tendency of the whole nation) should not
be applied as it is to the "meso (medium)" level (municipalities and city blocks) andthe "microscopic" level (individual lots of land). Instead, the result of macroscopic
analysis should be analyzed so as to derive multilayered measures according to the"sense of scale" of the entity concerned.
(3) Improvement in the system for analyzing the crime situation
Examination should be made for a system for analyzing the crime situation
using findings about social and economic statistics and the like, too. In particular,
in the light of (2) above, an improvement in regional systems (e.g., appointment
and development of experts) should be studied to conduct not only macroscopic
analysis on the entire nation but also analysis from a meso- and microscopicviewpoints suited to the situation of each region.
(4) D e t a i l e d a n a l y s i s o f p u b l i c o p i n i o n p o l l s a n d t h e p r o p e r
understanding of medium-to-long-term trends
In the public opinion polls (attitude surveys) on crimes, it should be madepossible to conduct detailed analysis according to the attributes of the respondents(e.g., if the respondents suffered damage or harm from crime themselves). In
addition, medium-to-long-term trends should be understood properly.
(5) Examination of the rule for the mutual use of statistical data on crimes
For some of statistical data and public-opinion polls, the possibility of mutual
use and even their existence have not been clarified yet. Considering this andin connection with D. 2 (2) in this chapter, the rules for the mutual use of crimerelated statistical data by related government offices and research institutes
should be examined referring to the framework93 of the Statistics Act94, 95.
of the Home Office, the U.K.). In the fact-finding survey on crime damage conducted by the
Research and Training Institute of the Ministry of Justice, the number of samples was 4,000
persons in 2012. See op. cit., "White Paper on Crime 2012," p. 201.
93
In accordance with Article 4 of the Statistics Act, a basic plan is established roughly
every five years in order to "achieve the comprehensive and systematic promotion of
measures to improve public statistics." The "Basic Plan for Improvement in Public Statistics"
formulated in 2009 includes the "promotion of the sharing and provision of data among
government offices by, among others, using the joint use system of government statistics"
and the "encouragement of research and development (e.g., utilization of information andcommunication technology) and reinforcement of cooperation with learned societies, etc."(See pp. 32-33).
94
In accordance with Article 2, Item 1 of the Statistics Act Enforcement Ordinance basedon Article 2, Paragraph 5, Item 3 of the Statistics Act, no provisions of the Statistic Act shallapply to the receipt of statistical reports presented by the National Public Safety Commission
regarding the business stated in Article 5, Paragraph 2, Item 3 of the Police Act.
— 49 —

The crime statistics and other data owned by the police are those for quantitatively checking
crime and investigation activities for crime; the crime statistics reported, arrests of criminals
and the like are collected and used to analyze the characteristics and trends of crime, theefficiency of police activities and other related problems. These data are got by daily police
activities and thus are not merely numerical values but the information on each case itself
and contain the pattern of the damage in detail. Because of this, in analyzing and providing
these data, there is a need to process them by, for example, keeping their anonymity, andto establish and apply the standards for disclosure that would not benefit criminals by thecooperation between the public and the private sectors, including experts, so as to give
sufficient consideration to the privacy of victims and other persons concerned and residents.
In addition, if the police are to properly deal with changing phenomena of crime, they havesometimes to change the method of investigating the actual state of crime despite of thestatistical continuity. Thus, attention should be paid not to obstruct police business in such acase.
95
As an example of the mutual use of statistical data by related government offices, theCabinet Office prepares and publishes, according to the "Emergency Plan for Measuresagainst Suicides for Protecting Life" (adopted by the Council for Policy of Suicide Prevention
on February 5, 2010), the "basic data of suicides in the community" using the statistical dataof suicides by prefecture, by municipality, etc. provided by the National Police Agency. In
2011 and after, the Cabinet Office is also provided with the original data of suicide statistics,
which were calculated and published by the National Police Agency in the past. Based on
the calculation and analysis of this data, the Cabinet Office and the National Police Agency
jointly published the "Situations of Suicides in 2011." See the Cabinet Office, "White Paper on
Measures against Suicide 2012," p. 90.
— 50 —

Conclusion
The Committee members had frank discussions on the difficulties confronting
the entities doing crime prevention activities at present in each field (of measuresagainst crime) on the basis of not only the findings of the members in their respective
research areas but also their experiences in taking part in crime-prevention and otheractivities. These opinions and ideas of the members are reflected in detail on the
proposals presented in this report.
During the decade after the "Action Plan for the Realization of a Society
Resistant to Crime" was formulated, each entity actively carried out measures against
crimes by repeating trials and errors. As a result, the number of criminal offenses
reported to the police decreased, but at the same time, difficulties confronting thesemeasures became apparent.
In these recommendations, we summarized the causes of "difficulties" found in
the measures against crime of the past and in changing situations and examined basic
countermeasures for coping with the difficulties.
If the measures against crime of the past ten years were so-called passive
activities as symptomatic treatment (for working) to decrease crimes and "restore"
safety and reassurance after facing the rapid increase in the number of reported
criminal offenses, what is required in the years ahead will be the mechanism
for measures against crime where all levels of society can play a major roleand continuously take part in the maintenance and improvement of "safety andreassurance" for their benefit by discovering a more positive value in "safety andreassurance" and regarding these as the essential bases to securing people's freeand various activities in many areas, including political, economic, social and culturalones.
The mechanism mentioned above can be created by the cooperation of the
independent activities of various entities ranging from the national to community
resident levels. It is not what is established by the "control" of the state only.
The "Action Plan 2008" has a subtitle, "To Re-establish Japan as "The Safest
Country in the World". If Japan can build a "safety and reassurance model" capableof being realized and being sustainable in the greatly changing world by continuingmeasures against crime and objective analysis and improvement efforts and supply
the model to the world as a proposal by the "safest and most reassuring nation in theworld," that will become a new contribution by Japan to the international community.
The proposal offered here are one of the ideas for this purpose, and we hopethat this will be of assistance in establishing the measures against crime with these
positive meanings and helping all of the people enjoy "safety and reassurance for the
future."— 51 —

<References>(Publications by government and other organizations)
Ministerial Meeting Concerning Measures against crime, "Action Plan the Realizationof a Society Resistant to Crime"
Ministerial conference for measures against crimes, "ction Plan the Realization of aSociety Resistant to Crime 2008"
Cabinet Office, "White Paper on Measures against Suicide 2012"
National Public Safety Commission and the National Police Agency, "White Paper on
Police 2011"
National Public Safety Commission and the National Police Agency, "White Paper on
Police 2012"
Fire and Disaster Agency, "White Paper on Fire Service 2012,"
Research and Training Institute of the Ministry of Justice, "White Paper on Crime
2011"
Research and Training Institute of the Ministry of Justice, "White Paper on Crime
2012"
Cabinet Decision, "Basic Plan for Improvement in Public Statistics"
Council for Policy of Suicide Prevention, "Emergency Plan for Measures against
Suicides for Protecting Life"
National Police Agency, "Notification for Strengtening of Investigation of the Actual
State of and Crackdown against Quasi-Boryokudan" (Notification from Directorof Investigative Planning Division of NPA, No. 26, dated March 7, 2013 andother issues)
Conference on Comprehensive Security Measures, "Report of the Conference on
Comprehensive Security Measures 2011"
Research Commissioned by the National Police Agency, "Report of the Research on
Advanced Technique for Analyzing Crime Situation," 2010
Ministry of Education, Culture, Sports, Science and Technology, the Report ofthe "Conference on Science and Technology Policies Contributing to theEstablishment of a Safe and Secure Community, 2004
Community Power Reinforcement Section, Participation Promotion Department,
Citizens Participation Bureau, City of Kobe, "Report of the Community Building
through the Creation of Social Capital: Based on the Five-year Investigations
and Analyses," 2011

— 52 —

(Other Works)
Toyo Atsumi, "Prevention and Reduction of Crime and Delinqueny-Comprehensive
Strategies Based on Realities and Basic Theories Supporting the Strategies-," in"Legal Principle of Crime Prevention," ed. by Toyo Atsumi, Seibundo PublishingCo., 2008
Toyo Atsumi, "Managerial System of Juvenile Delinquency (2), <Comparison
between Japan, the U.S., the U.N., etc.> -With the Restoration of Communities
in Mind-," in "The Journal of Police Science," Vol. 58, No. 11, Tachibana Shobo
Co., 2005
Hiroshi Inoue, "Classes and Orders of Crimes Based on the Evaluation of
Maliciousness," in "Theories and Applications of Data Analysis," 1(1), JapaneseClassification Society, 2011
Takehiro Oya, "New Police Policies in a Risk Society: Problems of New Means ofControl," in "The Journal of Police Science," Vol. 65, No. 2, Tachibana Shobo Co.,2012
Ryo Ogiso, "Crime Prevention Policies in the U.K. and France," in op. cit, "Legal
Principle of Crime Prevention"
Ryo Ogiso, "Measures against Juvenile Delinquency in England and Wales," in "Chuo
Law Review," Vol. 112, Nos.1 and 2, Society of Jurisprudence, Chuo University,
2005
Rie Onodera, Masayuki Kiryu, Kyoichi Himura, Terumi Mitsumoto and Kazumi
Watanabe, "Approach of the Laboratory Study for Studying Factors Arousing a
Fear of Crime," in "Hanzai Shinrigaku Kenkyu (Study of Criminal Psychology),"Vol. 40, No. 2, Japanese Association of Criminal Psychology, 2002
Kiyoshi Kawai, "Promotion of the Action Program for Realizing a Crime-ResistantCommunities 2008," in the "Security Science Review," Vol. 11, Tachibana Shobo
Co., 2009
Toshihiro Kawaide and Kim Kwanguk, "Criminal Policies," Seibundo Publishing Co.,2012
Seiji Kawasaki, "Rethinking about Basic Acts Part 1," in "Jichi Kenkyu (Study ofAutonomy)," Vol. 81, No .8, Dai-Ichi Hoki Co., 2005
Seiji Kawasaki, "Rethinking about Basic Acts Part 2," in op. cit., Vol. 81, No. 10, 2005
Seiji Kawasaki, "Rethinking about Basic Acts Part 5," in op. cit., Vol. 82, No. 9, 2006
Takaya Kojima "Analysis of Causal Relations of Changes Compared with the Previous
Investigation," in "Investigation and Research on a Sense of Fear of Crime, etc.:
Fourth Report," The Nikkoso Foundation for Safe Society 2011
Keiko Sakurai, "Regional Activities for Safe Life and Building of Safe and Secure
Towns: Proper Role Sharing of the State and Local Regions and the Superposed— 53 —

Structure of Safety and Security," in "Police Policy Research," No.10, Police
Policy Research Center, National Police Academy, 2006
Keiko Sakurai, "Study of Administrative Police -Need and Effectiveness of Preventive,
Direct and Immediate Administrative Police Activities-" in "Security Science
Review," Vol. 6, the Association for the Study of Security Science, 2004
Hiroshi Shiono, "On the Basic Acts," in "Transactions of the Japan Academy," Vol. 63,
No. 1, Japan Academy, 2008-09
Ko Shikata, "No Safety and Security of People without No Safety and Security ofCyberspaces" in the "Keisatsu Koron," Vol. 65, No. 12, Tachibana Shobo Co.,2010
Takahito Shimada, "Learning from the COMPSTAT System of the New York City
Police," in "Sosa Kenkyu (Study of Investigation)," No. 627, Tokyo Horei
Publishing Co., 2003
Hiroyuki Shirafuji, "Theories of ‘Freedom in Safety’ and the Police Administration
Act," in "Koho Kenkyu (Study of Public Law)," No. 69, Japan Public Law
Association, 2007
Mamoru Suzuki and Takahito Shimada, "Impact of Improvement in Community
Environment and Disturbance of Social Order on a Sense of Fear of Crime,"
in "Report of the National Research Institute of Police Science: Part of Crime
Acts," Vol. 43, No. 1, 2006
Christoff Soullez, "Crime Situation and the Crime Prevention Activities of the Police
in France," "The Journal of Police Science)," Vol. 62, No. 5, Tachibana Shobo
Co., 2009
Shigeo Tatsuki and Anna Matsukawa, "Activation Degree of the Community Seenfrom Social Capital and Safety and Security (Latest Report): Analysis of theData of the Continuous Researches by the Neighborhood Associations andCondominium Management Unions in Kobe in 2007, 2008 and 2010," in the"Toshi Mondai Kenkyu (Study of Urban Problems)," Vo. 62, No. 3, Society for
the Study of Urban Problems, 2012
Norimasa Tanaka, "Convenience is Dangerous -Structural Changes in the Community
and Safety," in "Keisatsu Koron," Vol. 62, No. 3, Tachibana Shobo Co., 2007
Masahiro Tamura, "Crime Control Methods," in "Examination of Crimes from Various
Viewpoint: in Celebration of the Seventieth Birthday of Professor Toyo Atsumi,"
Yuhikaku Publishing Co., 2006
Masahiro Tamura, "Problems of the Police Administration Laws for Crime
Prevention," in op. cit., "Legal Principle of Crime Prevention," p. 122
Living Environment Section, Chiyoda City, "Will ‘No Smoking on the Street!’ Rules
Restore Manners?," Gyosei Corp., 2003

— 54 —

Toru Nakamura, "History of Systems for Preventing Juvenile Delinquency, Part 1," inthe "The Journal of Police Science," Vol. 65, No. 5, Tachibana Shobo Co., 2012
Kikumi Noguchi, "‘Control by Administrative Methods’ on Disturbing Acts of
Public Order -with the Minor Offense Act as Motivation-" in "Security Science
Review," Vol. 12, Tachibana Shobo Co., 2010
Koichi Hamai, "Public Security and Measures against Crimes in Japan -Recommen
dations from Criminology; Introduction," in "Japanese Journal of Sociological
Criminology," No. 29, Japanese Association of Sociological Criminology, 2004
Koichi Hamai, "How Has the Myth of Deteriorating Public Security in Japan Been
Created: Actual State and Background Factors of Deteriorated Public Security(Beyond Moral Panic)," op. cit., p. 14
Yutaka Harada and Ko Shikata, "Trends of Crime Prevention Theories: Developmental
Crime Prevention and Situational Crime Prevention," in "The Journal of Police
Science," Vol. 59, No. 6, Tachibana Shobo Co., 2006
Barry Poyner, "Crime Prevention and Sustainability," translated by Koichiro Ito, in the"Crime and Delinquency," No.110, The Hitachi Mirai Foundation, 1996
Hiroo Maeda, "Policies for Increasing Safety-securing Capacity in the Community(Neighborhood Association) in Setagaya City -Case of Effective Prevention
of Burglary Damage by means of Scientific Patrol-," in "The Journal of Police
Science)," Vol. 60, Vol. 3. Tachibana Shobo Co., 2007
Masahide Maeda, "New Spheres of Public Security Measures: A Prospect for the
Next Decade" (Lecture at the First Hearing for Experts on the Formulation of a
New Action Program (held on Friday, August 1, 2008), in " The Journal of Police
Science," Vo. 62, No. 8, Tachibana Shobo Co., 2009
Masao Matsumoto, "Administration of Local Governments: Usefulness of SelfAdministered Questionnaires," in "Seisaku to Chosa (Policy and Research),"No.1, Social Survey Research Center, Saitama University, 2011
Tetsuya Maruta, "What is the ‘Safe Community,’ a New Trend of Safety and Security,"in "NRI Public Management Review," October 2011 issue, Nomura ResearchInstitute
Atsushi Mizoguchi, "Boryokudan Gangs," Shincho Shinsho, 2011
Tatsuhiro Yamanaka, et al., "Methods of Collecting and Utilizing Information for
the Prevention of Abuse and Other Intentional Bodily Injuries" (Research andDevelopment Project "Safety of Children against Crimes" of the Research andDevelopment Program), "Report of Research and Development Projects 2011,"
JST Strategic Basic Research Programs (Social Technology Research andDevelopment)
Toshiya Yamamoto, "Creation of Safe and Secure Towns for the Future," in the "Jumin— 55 —

Gyosei no Mado (Window of Administration for Citizens)," October 2012 issue,
Nihon Kajo Shuppan Co., 2012
Yoshikazu Yuma, Yuichiro Kanazawa and Chiaki Yuma, "Long-term Relations
between the Incidence of Homicide Cases by Juveniles and Unemployment
Rates: Empirical Analysis of Time-Series Data for the 1974-2006 Period," inthe Japanese Association of Sociological Criminology, "Japanese Journal of
Sociological Criminology," No. 35, 2010
Kiyoshi Yokoyama, "Criminal Justice for Juveniles in the U.K.," Seibundo PublishingCo., 2006
Steven P. Love, "Crime Prevention -"Method, Practice and Assessment-" translatedby Shoichi Watanabe, et al., Social Security Research Foundation, 2006
Lawrence Lessig, "CODE VERSION 2.0," translated by Hiroo Yamagata, Shoeisha,2007
D. D. Perkins and R. B. Taylor, "Ecological Assessments of Community Disorder:
Their Relationship to Fear of Crime and Theoretical Implications," in theAmerican Journal of Community Psychology," 24 (1), 1996
R. Rosenfeld and R. Fornango, “The Impact of Economic Conditions on Robbery andProperty Crime: The Role of Consumer Sentiment”, Criminology 45 (4), 2007

— 56 —

<Annexes>
Data 1
Data 2
Data 3
Data 4
Data 5
Data 6
Data 7
Data 8
Data 9
Data 10
Data 11
Data 12
Data 13
Data 14
Data 15
Data 16
Data 17
Data 18
Data 19
Data 20
Data 21

Recent Crime Status………………………………………………… 58 (P. 3)
Criminal offense: Change in number of reported cases and crime rate………………………………………………………………………… 59 (P. 3)
Crime in public place: Change in number of reported case………… 60 (P. 3)

Change in number of reported case of criminal offense by crime andmodus operand………………………………………………… 61 (P. 3, n. 3)
Victim Status to Woman, Juvenile Aged under the age of 20, and Elderly
over the age of 60……………………………………………… 62 (p. 3, n.4)
Women, Elderly and Child Victims in Assault/violence, Bodily Injury andother Violent Offenses (Total and at Home)…………………… 63 (P. 4, n. 4)
Stalking and Domestic Violence Cases………………………… 66 (P. 4, n. 4)
Arrest Status of Child Abuse and Pornography……………… 67 (P. 4, n. 4)
Crime Situation related to Elderly Persons (Special Frauds, etc.)…………………………………………………………………… 68 (P. 4, n. 4)
Arrest Status of Cybercrime………………………………………… 69 (P. 4)
Survey on Anxiety about Public Safety……………………… 70 (P. 5・n. 7)
Change in Reported Cases of Criminal Offense, Crime Rate andUnemployment Rate (1961 to 2012)………………………………… 72 (P. 8)
Change in Number of Taking Emergency Police Calls; Taking Status by
Case…………………………………………………………………… 73 (P. 9)
Change in Number of Consultation Case with Police; Percentage of Major
Consultation Details………………………………………………… 74 (P. 9)
Number of foreign nationals overstaying in Japan - Prepared based on
Data in White Paper on Crime……………………………… 75 (P. 14, n. 25)
Arrest Status of Foreign Criminals in Japan………………… 76 (P. 14, n. 25)
Change in Number and Rate of Recidivist in Arrested Persons for
Criminal Offenses…………………………………………… 77 (P. 16, n. 27)
Criminal Offenses by the Elderly: Change in Number by Crime Category
and Arrested Persons……………………………………………… 78 (P. 28)
Human trafficking…………………………………………… 79 (P. 28, n. 52)
Activity Status of Community Residents and Private Volunteer Group for
Voluntary Crime Prevention……………………………………… 80 (P. 37)
Change in Disaster Prevention Organizations……………… 81 (P. 43, n. 81)— 57 —

Data 1

— 58 —

Data 2

— 59 —

Data 3

— 60 —

Data 4

— 61 —

Data 5

— 62 —

Data 6

— 63 —

— 64 —

— 65 —

Data 7

— 66 —

Data 8

— 67 —

Data 9— 68 —

Data 10

— 69 —

Data 11— 70 —

— 71 —

Data 12— 72 —

Data 13

— 73 —

Data 14— 74 —

Data 15

— 75 —

Data 16

— 76 —

Data 17

— 77 —

Data 18

— 78 —

Data 19

— 79 —

Data 20— 80 —

Data 21— 81 —