This paper examines differential outcomes for activists who were prosecuted for their participation in political violence in Japan and the United States between 1970 and 2010. Through close analysis of a sample of 90 individual cases from 12 different New Left groups, we identify the patterns of variation in outcome, with respect to the construction of charges, sentencing structure, conditions of incarceration, and possibilities for release. The findings of this study have implications for understanding the “logics” of counter terrorism strategies on the state’s side and defense strategies on the part of the legal support networks on the activists’ side and how these logics may change over time. The explanation will take into account shifts at the macro (political environment), meso (interaction between criminal justice agencies and the LNS) and micro (individual behavior and self-presentation) levels.
Pooling data collected separately in long-term studies of New Left groups in Japan and the United States, we found that in response to severe repression at the peak of the protest cycle in the late 1960s, segments of these groups went underground or into exile to engage in political violence. The infusion of a younger generation at the peak of the protest cycle helped participants survive the pressures of underground life, but most were later apprehended. The legal support network that helped defendants continue resistance after arrest later helped them move away from violence while retaining ties to the movement. However, individual outcomes vary widely. The study contributes to understanding of cycle endings, disengagement from violence and the role of agents of state social control and legal support networks in shaping outcomes over time and space.
