243.2
Judicialization or De-Judicialization?: The Rise of Network-Based Governance of the Drug Problems in Contemporary Japan
Judicialization or De-Judicialization?: The Rise of Network-Based Governance of the Drug Problems in Contemporary Japan
Wednesday, 18 July 2018: 10:45
Location: 206F (MTCC NORTH BUILDING)
Oral Presentation
It has often been pointed out that national drug control policies vary markedly between countries. Internationally, Japan is a rare country that maintains a punitive drug control policy for more than a half century. The possession and use of drugs, even if the amount is low, are rigidly criminalized and those who are arrested as drug offenders possibly receive harsh penal sanctions. However, influenced by the new judicial trends such as harm reduction strategy, drug court movement, and therapeutic jurisprudence, the recent Japanese drug control policy has dramatically changed in the name of “from punishment to treatment.”
Is Japan heading for de-judicialization of drug problems as well as some other OECD countries? To examine this question, the author historically investigates the changing process of the Japanese drug control policy over the last few decades and conducts interviews with several policy makers and criminal justice practitioners associated with the recent policy reform in Japan.
According to the research findings, it increasingly becomes difficult to understand social control of the Japan’s drug problems through the traditional theoretical conceptions such as “criminalization versus medicalization.” Instead, they are governed through a broad and coordinated network consisting of the various social control agencies such as criminal justice, social welfare, mental health, and self-help groups. There is no conflict between those agencies in this network, therefore drug users can be treated not only as criminals but as sick people, welfare recipients, and members of self-help groups.
The liberal critics used to criticize judicialization of drug problems and emphasized the importance of de-judicialization and the role of non-judicial agencies. Ironically, the goals of those critics are now partly fulfilled in that those non-judicial agencies, even though the drug problems themselves are still judicialized in Japan, have played the important part in the recent policy change.
Is Japan heading for de-judicialization of drug problems as well as some other OECD countries? To examine this question, the author historically investigates the changing process of the Japanese drug control policy over the last few decades and conducts interviews with several policy makers and criminal justice practitioners associated with the recent policy reform in Japan.
According to the research findings, it increasingly becomes difficult to understand social control of the Japan’s drug problems through the traditional theoretical conceptions such as “criminalization versus medicalization.” Instead, they are governed through a broad and coordinated network consisting of the various social control agencies such as criminal justice, social welfare, mental health, and self-help groups. There is no conflict between those agencies in this network, therefore drug users can be treated not only as criminals but as sick people, welfare recipients, and members of self-help groups.
The liberal critics used to criticize judicialization of drug problems and emphasized the importance of de-judicialization and the role of non-judicial agencies. Ironically, the goals of those critics are now partly fulfilled in that those non-judicial agencies, even though the drug problems themselves are still judicialized in Japan, have played the important part in the recent policy change.