| Budget Amount *help |
¥4,160,000 (Direct Cost: ¥3,200,000、Indirect Cost: ¥960,000)
Fiscal Year 2013: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2012: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
Fiscal Year 2011: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
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| Research Abstract |
This study considers sentencing circumstances from many directions. Our methods are analyses of court decisions in Saiban-in trials, interviews with judicial practitioners, comparative legal studies and reviewing law articles.
The main result is that there is a kind of legal interpretation in sentencing process and that should be binding also for lay judges. We can call this phenomenon 'legalization' of sentencing circumstances. This tendency is desirable because it endorses sentencing legitimacy. However, it still remains fluctuating in evaluating some sentencing circumstances. That may prevent proper considerations of defendants' personal conditions in sentencing . We analyze several sentencing circumstances in some specific cases including juvenile ones, and we propose certain solutions.
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