Study on the Witness Examination and Hearsay under the lay judge system.
| Project/Area Number |
19730055
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Criminal law
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| Research Institution | Mie University |
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Principal Investigator |
ITO Mutsumi Mie University, 人文学部, 准教授 (70362332)
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| Project Period (FY) |
2007 – 2010
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| Project Status |
Completed (Fiscal Year 2010)
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| Budget Amount *help |
¥2,880,000 (Direct Cost: ¥2,400,000、Indirect Cost: ¥480,000)
Fiscal Year 2010: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2009: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2008: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2007: ¥800,000 (Direct Cost: ¥800,000)
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| Keywords | 証人審問権 / 伝聞法則 |
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| Research Abstract |
In this study, I made clear that one-sided condemnation by the prosecution side was prevented strongly under the Confrontation Clause and the Compulsory Process Clause. In addition, a witness questioning procedure was guaranteed the defendant "procedurally", and it became clear about the use of out of court statements that the balance of the defendants right and the profit of the truth discovery was kept under Presumption of Inocence by imposing a one side-like burden on the prosecution side. Finally, I proposed it about the usage of out of court statements in Japan.
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Report
(6 results)
Research Products
(14 results)
