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Actual Conditions of Psychiatric Expert's Testimony and Assesment of Legal Responsibility

Research Project

Project/Area Number 04620026
Research Category

Grant-in-Aid for General Scientific Research (C)

Allocation TypeSingle-year Grants
Research Field Criminal law
Research InstitutionMEDICAL RESEARCH INSTITUTE, TOKYO MEDICAL AND DENTAL UNIVERSITY

Principal Investigator

YAMGAMI Akira  TOKYO MEDICAL AND DENTAL UNIVERSITY, MEDICAL RESEARCH INSTITUTE, PROFESSOR, 難治疾患研究所, 教授 (60107315)

Co-Investigator(Kenkyū-buntansha) ISHII Toshifumi  TOKYO MEDICAL AND DENTAL UNIVERSITY, MEDICAL RESEARCH INSTITUTE, RESEACH ASSOCIA, 難治疾患研究所, 助手 (00143610)
KATOU Hisao  KEIOU GIJUKU UNIVERSITY, FACULTY OF LAW PROFESSOR, 法学部, 教授 (90051713)
Project Period (FY) 1992 – 1993
Project Status Completed (Fiscal Year 1993)
Budget Amount *help
¥1,900,000 (Direct Cost: ¥1,900,000)
Fiscal Year 1993: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1992: ¥1,500,000 (Direct Cost: ¥1,500,000)
KeywordsCRIME / VIOLENT OFFENCES / PSYCHIATRIC EXPERT'S TESTIMONY / SCHIZOPHRENY / FOLLOW-UP STUDY / CRIMINAL RESPONSIBILITY / RECIDIVISM / SECURITY MEASURES / 精神障害犯罪者
Research Abstract

There are altogether 946 cases of mentally disordered offenders in Japan during one year in 1980. On the basis of these cases, a study was made to clarify the condition of psychiatric expert's testimony and the assesment of the responsibility made by the lawyers and prosecutors.
First, we studied the situation of the psychiatric testimony for violent schizophrenic offenders(homicide 119 cases, physical assault 96 cases). We found poblems as follows :
1. Some of the psychiatrists who conducted the psychiatric testimony didn't have enough knowledge in forensic psychiatry. It is necessary to provide more extensive education for them.
2. It is important to have adequate facilities and staff for the psychiatric testimony.
3. The content and conclusion of the psychiatric expert's testimony should be used in the management of the mentally disordered offenders.
Secondly, we studied the condition of assesment of legal responsibility in 102 cases of recidivism, found in a follow-up study of the 946 cases. The determination of legal responsibility for the same cases tended to vary considerably. We found the problems as follows :
1. The legal responsibility was not always assesed according to the severity of the disease or the disorder of the judgment. The prosecutors were proposed to assess the offendrs of serious crime as irresponsibility, while those of the mild crimes as limited responsibility.
3. It was common to the recidivism that the crimes were committes under the similar mental conditioins. Even to such cases, it was not rare that the assesments were varied from full, limited to no-responsibility.
4.The fact that no security measures are there in our country seemd to cause recidivism of mentally disordered offenders frequently, and meanwhile, to make lawyers difficult to asses the legal responsibility.

Report

(3 results)
  • 1993 Annual Research Report   Final Research Report Summary
  • 1992 Annual Research Report
  • Research Products

    (5 results)

All Other

All Publications (5 results)

  • [Publications] 山上皓・石井利文: "精神鑑定の現状とその課題-精神分裂病者の実態調査に基づく分析-" 法と精神医療. 6. 45-55 (1993)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      1993 Final Research Report Summary
  • [Publications] Akira Yamagami: "A brief review of current status and issues of mentally disordered offenders in Japan" Act.Crim.Japon.59. 219-232 (1993)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      1993 Final Research Report Summary
  • [Publications] 石井利文・山上皓: "精神障害犯罪者の責任能力判定の実態とその問題点" 犯罪学雑誌. 60(発表予定). (1994)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      1993 Final Research Report Summary
  • [Publications] Yamagami, A.: "A brief review of current status and issues of mentally disordered offenders in Japan19GC01 : Act.Crim.Japon." 59. 219-232 (1993)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      1993 Final Research Report Summary
  • [Publications] 山上 皓: "精神鑑定の現状とその課題" 法と精神医療. 6号. 47-57 (1993)

    • Related Report
      1992 Annual Research Report

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Published: 1992-04-01   Modified: 2016-04-21  

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