A Theoretic and Empirical Research on the Relationship between Criminal Policy and Social Welfare Policy for Criminals

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1.on paroleI reviewed the justification of people, not from the aspect of criminal policy but from the aspect of social welfare policy. I concluded, prisoners have petitions to parole, because the state has an obligation to eliminate the harmful effects that the confinement has.2.on remand detentionIf the state has an obligation to eliminate the harmful effects, we should first consider the pre-convicted prisoner who receives the presumption of innocence and is separated from his social life. It is essential for him to be helped not only legally but also welfarefully. But until now there are no research about it in japan. I discussed the aid for pre-convicted prisoner from the viewpoint of removing the harmful effects.3.on juvenile lawThe juvenile law includes also the important issues about the relationship between criminal policy and social welfare policy. In particular on diversion I have reviewed the discussion and the proposal about juvenile police in Germany. I point out the contradiction when the criminal justice system has also functions of welfare.4.on rehabilitation servicesRehabilitation services are the most important aspects for the above relationship. "rehabilitation services act 1996" is enforced, but we have still the following problems. (1) There are no consistence between "offenders prevention and rehabilitation law" and "probationary supervision act" and no concrete provisions about cooperation with organs of welfare.(2) There are no provisions about legal status and rights of non-custodial convicts. (3) There are little comparative studies about international rules on the non-custodial sanctions in japan.