2012 Fiscal Year Final Research Report
The study of the method for presentation of medical evidences and the efforts to ensure proper control of the criminal fact findings in the trial by lay judges
| Project/Area Number |
22530069
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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 | Yokohama City University |
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Principal Investigator |
NAMBU Saori 横浜市立大学, 医学部, 助教 (10404998)
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| Co-Investigator(Kenkyū-buntansha) |
FUJIWARA Satoshi 横浜市立大学, 医学研究科, 教授 (20173487)
NISHIMURA Akiyoshi 徳島大学, 大学院・ヘルスバイオサイエンス研究部, 教授 (60283561)
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| Project Period (FY) |
2010 – 2012
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| Keywords | 裁判員裁判 / 医学鑑定 / 事実認定 |
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| Research Abstract |
We focused on fatal child abuse cases that were subject to the trial by lay judge (saiban-in) in which the offenses had been charged of ‘Injury Resulting in Death’, ‘Unlawful Capture or Confinement Resulting in Death’ or ‘Abandonment by a Person Responsible for Protection Resulting in Death’, and we investigated through the hearing in the public attendance of trials, inspection of established criminal case records and hearing from the parties concerned in the cases (doctors, forensic pathologists and/or lawyers). We found that the investigators increasingly sought expert opinions from many doctors to obtain the conclusive evidences than before. Then we clarified that medical evidences indicating viciousness of the abusive act by the defendant had a great influence on the both facts findings and the sentencing in the trial by lay judges. In the new criminal justice system in Japan, citizens who serve on the lay judges tend to take a strict attitude against a child abuse.
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Research Products
(22 results)
