1998 Fiscal Year Final Research Report Summary
"Order and Rights" in the late-century Japanese Justice System
| Project/Area Number |
08620048
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Criminal law
|
|---|
| Research Institution | Kobe Gakuin University |
|---|
Principal Investigator |
WATANABE Gishu Kobe Gakuin University Faculty of Law Professor of Law, 法学部, 教授 (50140398)
|
|---|
| Project Period (FY) |
1996 – 1998
|
| Keywords | confession / due process / fact-finding / double jeopardy / exclusion ary rule |
|---|
| Research Abstract |
Here, several topics were selected to further field resarch ad theoretical an alysys.
1 : Present extent of the exclusionary rule in Japanaese courts, and the proposal to apply the rule more leniently to further the due proseccinterest.
2 : With th obsevation of lots of foreign defendats cases in Japanese courts, they sometimes do not enjoy the same comprehensive level of court proceeding ; god example is the wireless-translation equipment during the proceeding. This research porposes some standards for usage of this device with the emphasis on the rights of the defendant to understand their own trial.
3 : Hearing-impaired defendant suffers from total imeomprehension of the trial, sometimes becauseof the low level of abstract thiking coused by the handicap. In some cases, dismissal of the case msut be highly recommened.
4 : general improvement in fact-finding aspects of the professional judges are needed.
5 : To guarantee the right to double-joepardy, the prosecutor should not be all owed to appeal on the ground of the mistakes in fact-finding in the decision of the first instance.
|
