A Study of medico-legal experts' opinions on blood type and the possible causes of misjudgment that led to retrial and acquittal in three major Tohoku region cases
Grant-in-Aid for Scientific Research (C)
|Allocation Type||Single-year Grants|
|Research Institution||TOHOKU GAKUIN UNIVERSITY|
TANAKA Terukazu TOHOKU GAKUIN UNIVERSITY, FACULTY OF LAW, PROFESSOR, 法学部, 教授 (60048783)
|Project Period (FY)
1997 – 1998
Completed(Fiscal Year 1998)
|Budget Amount *help
¥700,000 (Direct Cost : ¥700,000)
Fiscal Year 1998 : ¥200,000 (Direct Cost : ¥200,000)
Fiscal Year 1997 : ¥500,000 (Direct Cost : ¥500,000)
|Keywords||CAUSES OF MISJUDGMENT / RETRIAL / ACQUITTAL / BLOOD TYPE / EXPERT OPINION / THE HIROSAKI CASE / THE AOMORI(YONEYA) CASE / THE MATSUYAMA CASE / 法医学鑑定 / 血液型鑑定 / 再審無罪事件 / 血痕鑑定 / 体液(斑)血液型鑑定 / 米谷事件 / 証拠価値|
1. Research purpose
The main purpose of this study is to clarify some of the causes of misjudgment in three major Tohoku region cases that led to retrial and acquittal. These misjudgments were based on conclusions of medico-legal experts. The cases involved murders committed in Hirosaki-shi in 1949, Aomori-shi in 1952, and Matsuyama-machi ( Miyagi ) in 1955.
2. Research results
(a) The Aomori ( Yoneya ) Case : The research shows a high probability that there was a mistake in determining blood type from the accused's saliva which limited evidential credibility in the medico-legal experts' opinion. At the same time, the writer predicts that higher credibility can be obtained ( though there is a limit on accuracy ) when a sufficient quantity of secretors specimen is examined by competent experts.
(b) The Hirosaki case : Dr. Y. Watanabe concluded that the determinations of blood origin and type especially regarding the so called Q and E system blood type from dried stains were quite questionable. The writer agrees with this view. Furthermore, the writer points out the significance of admissibility problems with novel scientific evidence, which are well illustrated in the Hirosaki case.
(c) The Matsuyama case : The results from the Aomori and the Hirosaki cases give the writer insight which helps in interpreting this case, and in understanding the credibility limits of medico-legal experts' opinions on determinations regarding blood.
3. Application and future work
Here in Japan, theoretical and practical joint research is needed to eliminate the causes of misjudgment revealed in these three cases, and in others reported from all over Japan. The writer expresses his wish that the present study would serve as a pilot study for future investigation of this issue.
Research Output (14results)