羽間, 京子

Hazama, Kyoko

probation

仮釈放

parole from penal institutions

執行猶予

suspended execution of sentence

応報的原理

retributive principle

教育的原理

reformative principle

Probation and parole are community-based treatments designed to facilitate the process of rehabilitation of juveniledelinquents and adult offenders. Probation officers work with juveniles under probation or parole supervisionas a protective measure to ensure their“sound development"(Article 1, Juvenile Law). However, few researchershave discussed how to treat adults placed on probation or parole as a penal measure while taking the principlesof punishment into account. Based on a review of punishment theories, the present study examines the differencebetween the treatment of adults who were paroled from penal institutions and of adults under probation with a suspended sentence. We discuss three points. 1)The fundamental principles of punishment consist of the retributive principle and the reformative principle. While the retributive principle is emphasized over the reformative principle at the pronouncement of a sentence, the reformative principle is prioritized in the treatment of offenders.2)The reformative principle is especially important in the treatment of probationers because suspending the execution of a sentence is a complementary measure to punishment. In the case of parolees from penal institutions, the retributive principle as well as the reformative principle is significant because the parole period is a part of the execution of a sentence. Probation officers should work with probationers and parolees while taking such differences between the two treatments into consideration. 3)It is important for probation officers to treat both probationers and parolees, paying particular attention to both the difference in those adults'perceptions of their treatments and the therapeutic function of the probation and parole frameworks.