2001 Fiscal Year Final Research Report Summary
International comparative study of standard and process for evaluating judicial competency in criminal procedure
| Project/Area Number |
11620063
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Kagoshima University |
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Principal Investigator |
IBUSUKI Makoto Kagoshima University, Faculty of Law, Economics and the Humanities, Professor, 法文学部, 教授 (70211753)
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| Project Period (FY) |
1999 – 2001
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| Keywords | Judicial competency / fitness to stand trial / insanity |
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| Research Abstract |
In this project, the research of "standard for judicial competency", which means a way for evaluating ability of defendant in the court procedure as a participant of the procedure, was done.
First, this researcher analyzed the tendency of Japanese Supreme Court cases of judicial competency and the lower coxirts' cases following the precedents. The results of the analysis are; 1) in Japanese courts the judge escapes their finding of judicial incompetents and prefer deciding the defendant's insanity; 2) in psychiatry and law profession there is lack of sharing knowledge of standard for judicial incompetence; 3) the process of evaluating judicial competence is unclear; 4) when a defendant receive the finding of incompetence he/she would have unlimited suspension of court proceeding. It would be very dubious in human rights.
Second, for discussion of these issues and finding any resolution this researcher tried to compare other system concerning judicial competence guideline and standard of competency from outside of this country. Through a discussion of abolitionist and revisionist of judicial competence concept in United States, the researcher have found important suggestion to introduce classifying competence concept on decision making ability and attorney assistant ability. Through a process of new developed procedure of judicial competence in Canada, the researcher has also found that without setting independent body for evaluating judicial competence and having judicial power to send them to special institute to treatment the incompetent defendants, we could not have any development of current Japanese procedure of our criminal court system.
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Research Products
(4 results)
