Balancing Care and Culpability: Sentencing Decisions in Japanese Eldercide Cases Involving Family Caregivers

Abstract

This study examines how Japanese courts justify custodial versus suspended sentencing outcomes for eldercide by family caregivers in Japan. Drawing on 71 District Court decisions (2000–2024), this research employed qualitative thematic analysis informed by focal concerns theory. While judicial discourses around protection of the community and practical constraints appeared consistent across sentencing outcomes, clear contrasts emerged in how blameworthiness was constructed. Imprisonment cases emphasized breaches of familial duty, disregard for alternatives, and relatively light care burdens, portraying offenders as morally culpable. By contrast, suspended sentences highlighted intense caregiving, compassionate motives, and psychological breakdowns, framing offenders as less blameworthy. These findings extend focal concerns theory to an underexplored context and illuminate how cultural norms of caregiving shape judicial decision-making.