| Project/Area Number |
13620075
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | YAMANASHI GAKUIN UNIVERSITY |
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Principal Investigator |
YAMAGUCHI Naoya Yamanashi Gakuin University, Law School, Professor, 大学院・法務研究科, 教授 (20298392)
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| Project Period (FY) |
2001 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥3,500,000 (Direct Cost: ¥3,500,000)
Fiscal Year 2004: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2003: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2002: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2001: ¥1,100,000 (Direct Cost: ¥1,100,000)
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| Keywords | UN Convention on the Rights of the Child / Due Process of Law / The Right to Development and Maturity / The Right to Participate in the proceedings / The Right to Express their own views / The Right to Relative about important person / Proper Attendant in Juvenile Proceeding / The Argument about the 'Little Adult-Child' / 弁護人依頼権 / 陪審裁判を受ける権利 / 裁判官裁量による管轄権放棄 / 検察官裁量による管轄権放棄 / 制定法上の管轄権放棄 / 混合量刑制度 / 少年に対する死刑 / 少年の司法参加 / 少年の自己決定 / ティーンコート / 付添人依頼権 / 少年援助者 / 関係性 / ゴールト判決 / デュー・プロセス / 少年裁判所 / 地区検事 / 公設弁護人 / 青少年犯罪者プログラム / 混合量刑(blended sentencing) / 修復的少年司法 / 犯罪被害者 / 関係性論的アプローチ / 子どもの権利条約 / アメリカ少年司法 / 少年法の厳罰化 / 検察官関与 / 保護主義 |
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| Research Abstract |
This Research analyzes about the meaning of Due Process of Law in the field of Juvenile Justice. Especially it focuses about the United Nations Convention on the Rights of the Child. The outcomes which were clarified in this research are as follows.
First, the child has the right of development and maturity from the beginning of his and/or her life. The Constitutional Law in Japan and the UN Convention on the Rights of the Child guarantee that right to every child. The meaning of that right is to admit and accept the children just the way they are. Adult person can not govern and control the children. The children are not more the objective to govern and control. They have the right to express their views and participate in the proceedings which concerns about their interests.
Second, the purpose of Due Process of law in the field of Juvenile Justice is to guarantee the right of the Child for developing in the process of juvenile justice. State must treat the juvenile delinquent as the future constructive person in the society. The core of the Due Process of Law is to quarantee the right to participate in the proceeding and express their views freely. For that purpose State have to guarantee the right to proper adult attendant in every stages of juvenile proceedings.
In conclusion this research propose the importance to guarantee the Due Process of Law in the field of Juvenile Justice from the perspective of the Children's rights to development and maturity. The Core of Due Process of Law is to protect the right to proper adult attendant. The attendant (including lawyers) must keep the proper and fair relative with the child.
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