Study on the Purpose of Criminal Statutes of Limitation : Comparison with the Guarantee of Speedy Trial
Project/Area Number |
21730062
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Research Category |
Grant-in-Aid for Young Scientists (B)
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Allocation Type | Single-year Grants |
Research Field |
Criminal law
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Research Institution | Okayama University |
Principal Investigator |
HARADA Kazuyuki Okayama University, 大学院・社会文化科学研究科, 准教授 (20409725)
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Project Period (FY) |
2009 – 2010
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Project Status |
Completed (Fiscal Year 2010)
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Budget Amount *help |
¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
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)
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Keywords | 公訴時効 / 迅速な裁判を受ける権利 / 刑事訴訟法 / 迅速な裁判 |
Research Abstract |
The purpose of this study is to research on the U.S. federal courts cases refer to the relationship between the Sixth Amendment guarantee of speedy trial and criminal statute of limitations, and to clarify the purpose of the criminal statutes of limitations. The result are summarized as follows; (1) The Supreme Court has long identified that the Speedy Trial Clause is not primarily intended to prevent prejudice to the defense caused by passage of time, and the primary guarantee against overly stale criminal charges is the statute of limitations (2) So the role of the Clause in protecting defendants in pre-indictment delay has been very limited, and defendants who have not incarcerated are held to high standard in making out a constitutional pre-indictment claim under Speedy Trial Clause and Due Process Claim. (3) However, in Doggett v. United States (1992), the most recently decided cases about this problem, the Court held that limiting the possibility the defense will be impaired by passage of time is an independent and fundamental objective of the Clause, and furthermore, affirmative proof of particularized prejudice is not essential to every speedy trial claim.
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Report
(3 results)
Research Products
(6 results)