2013 Fiscal Year Final Research Report
Substantive and Procedural Regulations for Sentencing Circumstances
| Project/Area Number |
23530073
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Multi-year Fund |
|---|
| Section | 一般 |
|---|
| Research Field |
Criminal law
|
|---|
| Research Institution | Hitotsubashi University |
|---|
Principal Investigator |
HONJO Takeshi 一橋大学, 大学院法学研究科, 准教授 (60345444)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
MISHIMA Satoshi 大阪市立大学, 大学院法学研究科, 教授 (60281268)
|
|---|
| Project Period (FY) |
2011 – 2013
|
| Keywords | 刑事法学 / 量刑 / 裁判員制度 / 量刑事情 |
|---|
| Research Abstract |
This study considers sentencing circumstances from many directions. Our methods are analyses of court decisions in Saiban-in trials, interviews with judicial practitioners, comparative legal studies and reviewing law articles.
The main result is that there is a kind of legal interpretation in sentencing process and that should be binding also for lay judges. We can call this phenomenon 'legalization' of sentencing circumstances. This tendency is desirable because it endorses sentencing legitimacy. However, it still remains fluctuating in evaluating some sentencing circumstances. That may prevent proper considerations of defendants' personal conditions in sentencing . We analyze several sentencing circumstances in some specific cases including juvenile ones, and we propose certain solutions.
|
Research Products
(21 results)
