Study of the skill of examination of the medical expert witness in the lay judge trial of the denial case

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380090
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Criminal law
• Research Institution: Yokohama City University
• Principal Investigator: NAMBU Saori 横浜市立大学, 医学部, 助教 (10404998)
• 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, 大学院医師薬学研究部, 教授 (60283561)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 裁判員裁判 / 医学証人 / 証人尋問 / 否認事件

Outline of Final Research Achievements

In current criminal court trial system, the prosecutors as criminal investigation agency exclusively have access authority to the specialists of legal medicine who performed the victim’s autopsy. The prosecutors, however, tend to ask testimony and opinions of the doctors who specialize in the investigation into the cause of death of the victims in order to try to present citizen judges easier and clearer medical evidence in court. To confront the prosecutors, therefore, it is essential for the lawyers to secure doctors and/or experts as cooperators, but they are often in serious condition with respect to cost because they are usually assigned as Court-Appointed Defense Counsels. The securing of the experts who is easily accessible for the lawyers will be required in future.

Free Research Field

刑事法学