| Project/Area Number |
16330015
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | National Graduate Institute for Policy Studies (2005-2007)
Nanzan University (2004) |
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Principal Investigator |
FUJITA Masahiro (2005-2007) National Graduate Institute for Policy Studies, Graduate School of Policy Studies, Assistant professor (60377140)
岡田 悦典 (2004) 南山大学, 法学部, 助教授 (60301074)
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| Co-Investigator(Kenkyū-buntansha) |
NAKA Makiko Hokkaido University, Graduate School of Letters, Professor (00172255)
OKADA Yoshinori Nanzan University, Faculty of Law, Associate Professor (60301074)
藤田 政博 政策研究大学院大学, 助教授 (60377140)
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| Project Period (FY) |
2004 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥9,960,000 (Direct Cost: ¥9,300,000、Indirect Cost: ¥660,000)
Fiscal Year 2007: ¥2,860,000 (Direct Cost: ¥2,200,000、Indirect Cost: ¥660,000)
Fiscal Year 2006: ¥1,900,000 (Direct Cost: ¥1,900,000)
Fiscal Year 2005: ¥2,500,000 (Direct Cost: ¥2,500,000)
Fiscal Year 2004: ¥2,700,000 (Direct Cost: ¥2,700,000)
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| Keywords | Saibanin / Jury / Mixed Court / Cognitive Psychology / Social Psychology / 刑事訴訟法 / 刑事裁判 / 法心理学 |
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| Research Abstract |
Purpose of this project is to study Saibanin System empirically so that research for Japanese citizen and experiment based on this data was held. At first, the research for Japanese citizen was to clarify what was the general hardship for Japanese citizen about lay participation in Japanese criminal trial. According to the result, the most important hardship was the anxiety for professional legal aspect. Especially, most citizens felt that they did not have much knowledge about judicial process or law, and this feeling was one of the most influential factors for the hardship. Following this result, this project held the experiment to study how was instruction, opening statement and note taking supportive for lay person and how was influenced the different volume of information between lay people and judges to the deliberation and function of new mixed court. Now, data is on consideration. The research about movement of several new tests about jury trial in United States was also tried in parallel with this experiment. The article about American jury trial was published. Instruction or note taking was not always significantly helpful for lay persons to understand the case, but the useful value has been gradually analyzed. Furthermore, the comparison between legal knowledge and psychological knowledge or influence of authoritarianism toward the attitude of participation as lay judge was studied in the research for Japanese citizen. Authoritarianism was not always useful for the positiveness of lay participation and psychological knowledge was not also always more helpful than legal knowledge.
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