2006 Fiscal Year Final Research Report Summary
Participation of Juveniles in the Criminal Procedure : Comparative Study
| Project/Area Number |
16530047
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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 | Ritsumeikan University |
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Principal Investigator |
KUZUNO Hiroyuki Ritsumeikan University, Faculty of Law, Professor, 法学部, 教授 (90221928)
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| Project Period (FY) |
2004 – 2006
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| Keywords | juvenile justice / criminal procedure / fair trial / due process / participation / legal assistance / victim / get-tough movement |
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| Research Abstract |
In order to understand the participation of juveniles in the criminal procedure more, I examine their participation in the juvenile court procedure as well.
First, as regards participation of victims in close juvenile hearing, the juvenile court could permit them to attend the hearing only when the court could find their attendance would not prevent juveniles from participating their own hearing and juveniles would consent their attendance. In addition, when the court find their attendance would have adverse effect on their restoration, the court should not permit it.
Secondly, in order to make proper the communication between juveniles and judges, judges should have special communication skills and establish a relationship of mutual trust.
Thirdly, under the international human rights law, juveniles' participation should be secured as an essence of fair trial. Therefore, special measures should be taken to promote juveniles' understand and participation in criminal procedure as well as juvenile procedure.
Fourthly, legal assistance is essential for juveniles' participation. The role and function of defense lawyers should be clarified.
Fifthly, juveniles' participation with the assistance of legal advice would foster their autonomy in the juvenile justice. That would serve to break the cycle of get-tough movement.
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