1995 Fiscal Year Final Research Report Summary
Comprehensive Rights to Defense of The Accused from "Discretionary Prorection" to "Right-Centered protection"
| Project/Area Number |
05620039
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Criminal law
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| Research Institution | KOBE GAKUIN UNIVERSITY |
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Principal Investigator |
WATANABE Gishu KOBE GAKUIN UNIVERSITY,FACULTY OF LAW, 法学部, 教授 (50140398)
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| Project Period (FY) |
1993 – 1995
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| Keywords | right to defense / right to lawyer / hearing-impaired / foreign defendant / investgation / exclusionary rule |
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| Research Abstract |
This research focuses on the reality of the defendant in Japan. They are intensively interrogated by the police. The confession drawn during this stage is the most important evidence at the trial. The accused lacks the right to discovery for the detention procedure, as well as the evidence rilied on by the prosecutor for the prosecution. The right to counsel is not adeqately guaranteed in variou aspects ; there are no appointed counsel before the prosecution ; the prosecutor can limit the time, place of the interview between the accused detained and their counsel. After conduncting the field research into the practice of the criminal justice sysytem in Japan, this research proposes the strenghtening the right of the accused in general ; the idea of "The Comprehensive Right To Defense" is the right answer to all the problems mentioned above. We need to back up the position of the accused by protecting their initative in conducting their own defense activities as well as checking the legality of the investigation and the prosecution. The justice in future lies in the reconstrucution of the "Right to Defense".
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