| Project/Area Number |
21830075
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Criminal law
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| Research Institution | Kagawa University |
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Principal Investigator |
KYO Akira Kagawa University, 法務研究科, 准教授 (90513375)
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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 |
¥1,092,000 (Direct Cost: ¥840,000、Indirect Cost: ¥252,000)
Fiscal Year 2010: ¥286,000 (Direct Cost: ¥220,000、Indirect Cost: ¥66,000)
Fiscal Year 2009: ¥806,000 (Direct Cost: ¥620,000、Indirect Cost: ¥186,000)
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| Keywords | 適切な大人 / 自白 / 証拠排除 / イギリス / 被疑者取調べ / 傷つきやすい被疑者 / 供述の自由 |
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| Research Abstract |
This research examines case laws regarding to admissibility of confessions of vulnerable suspects gained without the presence of 'appropriate adult' (AA). The AA scheme should only be effective, when courts could impose some 'sanctions' against the breaches of the Codes on the police. After introducing and examining of the case laws in England & Wales, this research explores the current situation and problems of case laws in Japan. It end by concluding that courts in Japan has rarely paid serious attention to admissibility of confessions of vulnerable suspects in comparison with England & Wales. The difference between both countries seems to reflect the difference of attitudes toward the preventing false confessions and miscarriages of justice.
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