Comparative Study of the Release of Information on Juvenile Cases between Japan and the United States
| Project/Area Number |
13620076
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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 | Ritsumeikan University |
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Principal Investigator |
KUZUNO Hiroyuki Ritsumeikan University, College of Law, Professor, 法学部, 教授 (90221928)
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| Project Period (FY) |
2001 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥2,700,000 (Direct Cost: ¥2,700,000)
Fiscal Year 2003: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2002: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2001: ¥1,000,000 (Direct Cost: ¥1,000,000)
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| Keywords | juvenile law / Juvenile court / private hearing / open hearing / accountability / privacy / publication of identities / closing of identities / 少年法改正 / 家庭裁判所 / 名誉毀損 / 報道の自由 / 少年非行 / 裁判の公開 / 適正手続 / 知る権利 / 犯罪報道 |
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| Research Abstract |
In the United States, there has been a strong trend of publicizing the identities of Juveniles under the get-tough movement. The publication is often required by flee of press. The publication of the identities as punitive sanction is not justified in the light of the function of media that is to serve the right to know of the general public. Additionally identities of juveniles are not legitimate concern of the general public because they are not "public figure". Therefore, the person who publicize their identities should be liable for defamation or invasion of privacy.
There has been another sting trend of opening the juvenile court hearings to the general public, in the United States. This trend is also related to the get-tough movement. Open hearings are required by due process for juveniles or accountability of juvenile justice for the general public. But it is essential as a requirement of due process for juveniles to understand and participate in the court proceedings and state their own views. Private hearings in juvenile courts are required in order for juveniles to participate into their own court proceedings as well as by protection of privacy.
Additionally open adversarial trials in adult criminal courts are essentially inconsistent to participation of juveniles into the proceedings. Accountability is most important in a democratic society. Juvenile justice can be made accountable to the general public by ether ways such as presenting clear and convincing reason for the disposal of juvenile cases or promoting citizens' participation into the juvenile justice.
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Report
(4 results)
Research Products
(23 results)
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[Book] 少年司法の再構築2003
Author(s)
葛野尋之
Total Pages
652
Publisher
日本評論社
Description
「研究成果報告書概要(和文)」より
Related Report
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