Empirical Study of the Process about Recognition and Decision Making of Lay Judges and Professional Judges in Criminal Trial
| 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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Report
(5 results)
Research Products
(115 results)
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[Journal Article] What are the changes in attitudes of Japanese people toward the lawnad the legal system? Surveyed in 1971, 1976, and 20052007
Author(s)
Matsumura, Y., Kinoshita, M., Fujimoto, A., Yamada, H., Fujita, M., & Kobayashi, C.
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Journal Title
Chiba journal of law and politics 22(3)
Pages: 112-61
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[Journal Article] Japanese attitudes toward the law and the legal system: An outline of the research conducted in 20052007
Author(s)
Matsumura, Y., Fujimoto, A., Kinoshita, M., Yamada, H., Fujita, M., & Kobayashi, C.
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Journal Title
Chiba journal of law and politics 22(2)
Pages: 130-51
NAID
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[Journal Article] Japanese attitudes toward the law and the legal system: Its theoretical model and research design2007
Author(s)
Matsumura, Y., Kinoshita, M., Fujimoto, A., Yamada, H., Fujita, M., & Kobayashi, C.
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Journal Title
Chiba journal of law and politics 22(1)
Pages: 214-176
NAID
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[Presentation] Criminal Trial and Lay Participation(1)-What does Japanese Feel about Participation and its Difficulties?: from the Follow-up Survey in Tokyo2007
Author(s)
Yoshinori, Okada, Masahiro, Fujita, Makiko, Naka, Yuko, Yamasaki
Organizer
3rd international congress on psychology and law, Poster session
Place of Presentation
Hilton Adelaide, SA, Australia
Description
「研究成果報告書概要(欧文)」より
Related Report
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[Presentation] Criminal Trial and Lay Participation(2): Enemies of Democracy within : The Effect of Authoritarian Personality on Attitudes toward Japanese New Mixed Jury System2007
Author(s)
Masahiro, Fujita, Yoshinori, Okada, Makiko, Naka, Yuko, Yamasaki
Organizer
3rd international congress on psychology and law, Poster session
Place of Presentation
Hilton Adelaide, SA, Australia
Description
「研究成果報告書概要(欧文)」より
Related Report
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[Presentation] Criminal Trial and Lay Participation(3): Effect of Note-taking on Lay Judges' Comprehension and Decision Making in a Mock Trial2007
Author(s)
Makiko, Naka, Yuko, Yamasaki, Yoshinori, Okada, Masahiro, Fujita
Organizer
3rd international congress on psychology and law, Poster session
Place of Presentation
Hilton Adelaide, SA, Australia
Description
「研究成果報告書概要(欧文)」より
Related Report
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[Presentation] Criminal Trial and Lay Participation(4): The Effect of Note-taking on Lay judges' Deliberation2007
Author(s)
Yuko, Yamasaki, Makiko, Naka, Yoshinori, Okada, Masahiro, Fujita
Organizer
3rd international congress on psychology and law, Poster session
Place of Presentation
Hilton Adelaide, SA, Australia
Description
「研究成果報告書概要(欧文)」より
Related Report
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[Presentation] Behavior, Decision-Making, and Evaluation by Japanese Civil Litigants and Their Lawyers2007
Author(s)
Foote, D. H., Ota, S., Kawai, M. Wada, Y., Kaminaga, Y., Moriya, A., Kakiuchi, S., Maeda, T., Hasegawa, K., Iida, T., Fujita, M., Sakai, M., Irie, H., & Mori, D.
Organizer
the Joint Annual Meetings of the Law and Society Association and Research Committee on Sociology of Law (ISA)
Place of Presentation
Humboldt University, Berlin, Germany
Related Report
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[Presentation] Criminal trial and lay participation (4): The effect of note-taking on lay judges' deliberation2007
Author(s)
Yamasaki, Y., Naka, M., Okada, Y., & Fujita, M.
Organizer
the 3rd international congress on psychology and law, in conjunction with the 27th annual congress of Australian & New Zealand Association of Psychiatry, Psychology, and Law (ANZAPPL)
Place of Presentation
Hilton Adelaide, Adelaide, SA, Australia
Related Report
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[Presentation] Criminal trial and lay participation (1)-what does Japanese feel about participation and its difficulties?: from the follow-up survey in Tokyo2007
Author(s)
Okada, Y., Naka, M., Fujita, M., & Yamasaki, Y.
Organizer
the 3rd international congress on psychology and law, in conjunction with the 27th annual congress of Australian & New Zealand Association of Psychiatry, Psychology, and Law (ANZAPPL)
Place of Presentation
Hilton Adelaide, Adelaide, SA, Australia
Related Report
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[Presentation] Criminal trial and lay participation (2): Enemies of democracy within: The effect of authoritarian personality on attitudes toward Japanese new mixed jury system2007
Author(s)
Fujita, M., Okada, Y., Naka, M., & Yamasaki, Y.
Organizer
the 3rd international congress on psychology and law, in conjunction with the 27th annual congress of Australian & New Zealand Association of Psychiatry, Psychology, and Law (ANZAPPL)
Place of Presentation
Hilton Adelaide, Adelaide, SA, Australia
Related Report
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[Presentation] Criminal trial and lay participation (3): Effect of note-taking on lay judyes' comprehension and decision making in a mock trial2007
Author(s)
Naka, M., Okada, Y., Yamasaki, Y., & Fujita, M.
Organizer
the 3rd international congress on psychology and law, in conjunction with the 27th annual congress of Australian & New Zealand Association of Psychiatry, Psychology, and Law (ANZAPPL)
Place of Presentation
Hilton Adelaide, Adelaide, SA, Australia
Related Report
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[Presentation] A Psycholinguistic Study of Distinctiveness in Trademarks2007
Author(s)
Hotta, S., Fujita, M., & Hashiuchi, T.
Organizer
the 3rd international congress on psychology and law, in conjunction with the 27th annual congress of Australian & New Zealand Association of Psychiatry, Psychology, and Law (ANZAPPL)
Place of Presentation
Hilton Adelaide, Adelaide, SA, Australia
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[Presentation] Process of Establishing the System and Problems to Consider by Legal and Psychological Aspect2004
Author(s)
Masahiro, Fujita, Satoru, Shinomiya, Yuji, Shiratori, Takeshi, Honjo, Sinkichi Sugimori, Saibanin, System
Organizer
5th Conference on Japanese Law and Psychology
Place of Presentation
Tokyo(Nihon University, Sakura Josui Campus)
Year and Date
2004-10-17
Description
「研究成果報告書概要(欧文)」より
Related Report
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[Book] 感情の心理学2007
Author(s)
高橋恵子・河合優年・仲真紀子
Total Pages
207
Publisher
日本放送出版協会
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