2012 Fiscal Year Final Research Report

Research on status of psychiatric expert testimony in Lay Judge System in Japan

Research Project

Project/Area Number	22591309
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Psychiatric science
Research Institution	National Center of Neurology and Psychiatry
Principal Investigator	OKADA Takayuki 独立行政法人国立精神・神経医療研究センター, 精神保健研究所・司法精神医学研究部, 部長 (40282769)
Project Period (FY)	2010 – 2012
Keywords	司法精神医学 / 裁判員
Research Abstract	Since the enforcement of the lay judge system, there has been a sharp increase in the number of cases of carrying out forensic psychiatric evaluation. Almost all cases that involved examination of a psychiatric expert witness in the courtroom implemented conferences between the expert and lawyers and a presentation by the expert. The author proposed 8 step structure to reflect on the criminal responsibility decision-making process. The 8 steps are: (1) gathering of information relating to mental function and condition, (2) recognition of mental function and condition, (3) psychiatric diagnosis, (4) description of relationship between his/her mental condition or psychopathology and the index offense, (5) focus on capacities of differentiation between right and wrong and behavior control, (6) specification of the elements of cognitive/volitional prong in legal context, (7) legal evaluation of degree of cognitive/volitional prong, and (8) final interpretation of CR as a legal conclusion.