In recent years Japanese society has rapidly changed to an unusually aging society. Generally it is said that "aged people" mean people of 65 years old and over. But in this paper I define aged people as those of 60 years old and over because of statistical restrictions etc. (1) Penal Code Aged Offenders (excluding traffic professional negligence) Comparing the ratios by the age group between the years of 1966 and 1991, the percentages of 40 years and over the forties increased from 8.0 percent to 10.8 percent, the fifties from 3.8 percent to 6.7 percent of, and the sixties and over from 1.9 percent to 4.3 percent. Among the numbers of offenders of 60 years and over cleared by the police in 1991, the most prevalent offense in this age group is larceny accounting for 70.0 percent, followed by embezzlement accounting for 15.4 percent, fraud accounting for 3.7 percent and bodily injury accounting for 2.6 percent. (2) Elderly People as Victims of Crime Regarding the major Penal Code Offences of which victims are 60 years old and over, larceny shows the largest number, followed by fraud, destruction of things, house-breaking and bodily injury in 1991. Among the people killed in traffic accidents and pedestrians who died since 1973, the ratio of the age group of 60 years and over decreased from 39.5 percent in 1973 to 37.2 percent in 1975, but since then it has been increasing. In 1991, victims of the age group accounted for 51.9 percent.

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As Japanese society is now in the process of aging, problem of aged offenders (including probationers and parolees) becomes serious. Treatment of aged offenders in the community requires special attention for its effectiveness. This article provides description of present probation and parole supervision for the aged offenders, and discusses main characteristics cf aged probationers and parolees. Analysis of 17 paroled homicide cases of 50 years of age or more shows some findings as follows : a) Parolees accepted by their families upon release from the correctional institutions indicate that they made contributions to their families before the imprisonment so as to receive positive evaluation and confidence. b) Parolees refused by their families upon release from correctional institutions indicate that they did not work for a long time without reason and behaved badly to their families so as to receive negative evaluation. Aged probationers and parolees sometimes have physical and/or mental troubles or sickness. The information about parolees' physical and/or mental conditions is available from correctional institutions. However, information about the probationers' conditions is not available for the probation office at the time of admission. Since Japanese legal system does not have presentence investigation system for adult offenders, probation office should start the supervision of the probationers, especially aged probationers, without sufficient information for their needs and physical and/or mental conditions. Therefore, at the beginning of the supervision for aged probationers, detailed investigation of the physical and/or mental conditions as well as other social and economical situations of the probationers is necessary. In addition, treatment of the aged probationers and parolees should fully consider their well-being so that they are able to have positive images for their future social and psychological lives.

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The rapidly aging of population in Japan has advanced a great number of studies of its influence on various aspects of our life. But on the trend of crime and the criminal justice, the study was hardly set about from this point of view until recently. Especially it is toward and after the end of the 1980's that "the aged as criminals" has come to be studied. Focuses of studies have been, however, centered upon the corrective treatment and the subsequent rehabilitation of "the aged as prisoners", because the recent rise of interest in the aged criminal has been directly based on the increase of the aged prisoner, and there have been few papers yet which deal with the characteristics and the causes of increase of "the aged as criminal actors." In this paper, therefore, I took up research studies which treated crimes by the aged from the viewpoint of characteristics of actors of crime and their climinalizing factors and, through the general survey of them, made clear that studies on "the aged as criminal actors" did not reach the stage to examine the validity of technical methods which developed intensively. First of all, they need to be well set up with frames of methodological reference and analytical perspectives. Then, from this standpoint, I tried to pose problems of the study on "the aged as criminal actors" limiting the points to the following: 1) The typology of the aged criminal actor; 2) the method of international comparative studies, and; 3) a way of comprehending "aging society" as an explanatory variable of crimes by the aged.

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Braithwaite, Australian criminologist, insists that, by classifying shaming into reintegrative-shaming and stigmatizing-shaming, the former type of shaming is more effective in deterring crime than the other and that reintegrative-shaming is formed in the society which has interdependency and communitarianism. I try to make clear the function of shaming in controlling crime and delinquency in this paper. Considering psychosocial mechanism of the formation of shame by studying the literature of self psychology and self theory, shame is born with the pain and vulnerability in the birth of self-feeling, self-consciousness and self-objectification (division of the self into I and me) by taking the role of the other and it defends against the disclosure of its pain. The defense mechanism against shaming appears with two directions ; one is self-shaming and the other is shamelessness with self-grandiosity. The former advances the self-objectification, self-denial and self-punishment, and it relates to the sense of guilt and shyness. In this case shaming serves to decrease delinquency because of the introversion of the behaviour. But in the latter case as individuals, try to hide the pain by self-grandiosity or self-exhibitionism, shaming serves to increase delinquency. As far as we consider shaming in the view of strain theory, shaming may be the factor of increase in deviant behaviour. The important thing is not shaming delinquents itself but is that the members of the family or the community they belong provide self-objects which share their pain and support them.

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I would like to conduct this study to make clear practicing lawyers' thinking on the role of a Japanese family court in the juvenile justice system. This study is based on the research which I did on lawyers' thinking of the juvenile justice. In the juvenile justice lawyers as attendants play important roles. It is essential to know how they think on the role of the family court when we rethink the expected role of the family court and the juvenile law. My research objects are lawyers who had experiences as attendants. My research includes questions on the purpose of the juvenile law, the standard of the disposition, the concept of the pre-delinquency, the guarantee of the due process of law, the expected juvenile justice system and so on. Using some questions, I make four categories; 1. pure protection type (the abolition of referral to the public prosecutor leaving only protective measures for juvenile delinquents in family court), 2. pro present system type, 3. emphasis on family court function type (both punishment and protective measures are available in family court) and 4. mixed type. Then I make crosstables between questions and the four types. These crosstables show that lawyers in pure protection type have outstanding characters; many experiences as attendants in five years, emphasis of diversion of pre-delinquents from the family court jurisdiction and so on. Every lawyer is convinced that the family court plays important roles in the juvenile justice system. But lawyers think that the family court should not have welfare functions but stronger judicial functions.

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The purpose of this study is to analyze (1) a view of juvenile delinquents among practicing lawyers (2) a relation between the view and thinking about juvenile justice among practicing lawyers (3) a relation between the view and their careers of defense on cases. The subjects of this research were practicing lawyers in Japan who experienced defense on cases of delinquency. We researched practicing lawyers from August to October in 1991 with a questionnaire and mail servey method. And we got samples of 1068 practicing lawyers. Findings are as follows. (1) Practicing lawyers tend to have a view that juvenile delinquents go from bad to worse, if adults do not help them. (2) Practicing lawyers having the view tend to approve thinking that Japanese Nation should take care of juvenile delinquents for any purposes, for example, educational purpose, retributional purpose, even if the purposes contradict each others. (3) There is no relation between to get the view (2) and the lawyers' careers of defence on cases.

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This paper deals with the development of these two models in crime prevention in Europe and the United States. After the rehabilitation model for treatment of offenders declined, criminologists and policymakers had to seek for the alternative to this model because the crime conditions were still worse. Then, 'situational model' was gradually appearing which concentrates on the strategy to prevent crime before it occurs. Especially in Britain, this sort of crime prevention is getting the main stream inside the departments concerned of the central government. However, we have some papers which preferably assess the crime prevention measures based on the 'social mode1,' or on the new model, namely the 'community model.' In many cities in Europe and the US, petty crimes such as car theft, burglary, or vandalism have embarrassed the policymakers in charge of crime prevention. That is the reason why the situational model is so popular among them in these areas. Situational crime prevention which blocks crime by manupulating the physical environment is based on the theory of opportunity reduction or rational choice, but has by nature a fundamental problem of displacement. Besides, some critics argue that this model would not be suitable for preventing all sorts of crimes, in particular violent crime. Therefore we still need the social model based on the socialization of children or the close relationship between family members or neighbours for crime prevention, and the community model which is a mixture of these models. Which model we should choose in our own society depends on its own crime situation. However, the author thinks the situational model would be attached to a dark and negative image because it appears to show indifference to reforming the personality of potential offenders and accordingly to regard them as enemies. So, although its effect are comparatively intangible, we have to promote social crime prevention partly accomanied with the situational model and the community model suitable for some particular fields.

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This paper insists on the importance of the guilt consciousness as the cause of ecomomic crime. For this purpose, the author considers the reasons of the problem of guarantee for returns in "brokerage scandal" case in Japan, especially focusing on interorganizational relations between the Finance Ministry and the securities industry as a cause of the weakness of the guilt consciousness. The securities department of the Finance Ministry has two purposes to control securities business: maintaining of the fairness of the market trade and supporting of the companies. With the Securities and Exchange Law, the department has authority to control the securities business by "gyosei-shido (administrative guidance)." So, new companies without license from the department can not enter the securities market. Moreover, the fee for trading securities is fixed by the department. As a result, the market is not competitive and the securities companies can gain excess profits. The companies want to maintain trading contracts with big customers, which is the source of excess profits. Then, they illegally guarantee for returns to maintain the contracts. This is the economic reason of the illegal guarantee. But, it is imposible to explain the illegal guarantee without other factors. That is the weakness of guilt consciousness. There are frequent interactions between the department and the companies for gyosei-shido. Combined with other factors, the interactions lead the department to prefer supporting the companies to maintaining the fairness, and to tolerate the deviance from the Law. As a result, companies don't consider the deviance as a crime, and illegally make contracts of trading securities with big customers accompanied by guarantee for returns. The intimate interorganizational relations between the department of the Finance Ministry and the securities industry cause these two reasons of the crime: paralysis of guilt consciousness and increase of economic motivation. Both factors are necessary to explain the economic crime such as brokerage scandal.

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