2015 Fiscal Year Final Research Report
Video recording of suspect interview and lay-judge system: Legal system of visual recroding and impact of visual recording on the trial process
| Project Area | Law and Human Behavior |
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| Project/Area Number |
23101009
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| Research Category |
Grant-in-Aid for Scientific Research on Innovative Areas (Research in a proposed research area)
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| Allocation Type | Single-year Grants |
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| Review Section |
Humanities and Social Sciences
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| Research Institution | Seijo University |
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Principal Investigator |
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| Co-Investigator(Kenkyū-buntansha) |
NAKAJIMA Hiroshi 鹿児島大学, 学術研究院法文教育学域司法政策学系, 教授 (00318685)
YAMADA Naoko 関西学院大学, 法学部, 教授 (70388726)
YOSHII Tasuku 香川大学, 法学部, 准教授 (20581507)
INADA Takashi 新潟大学, 人文社会・教育科学系, 教授 (30284730)
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| Project Period (FY) |
2011-04-01 – 2016-03-31
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| Keywords | 取調べ / 録画 / 可視化 / 被疑者 / 自白 / バイアス / 裁判員 / 映像 |
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| Outline of Final Research Achievements |
This project was an interdisciplinary research using legal analysis, comparative law study, and psychological and sociological study on video recording of suspect interview by the police and the prosecutor. In Japan, on July 2016, the law was passed which mandates the law enforcement to record the whole suspect interview of the specific felony such as murder and manslaughter. The legislative intent is that the video recording is expected to assure the reliability of the confession by the defendant and to realize appropriate interview process. However, this project shows that it could be problematic to show the recording in the trial. Our research clarifies that the video could distort their decision and sometimes mislead their decision of involuntariness and reliability of confession. And we also reveal that the immature interview technique and the questioning without lawyer could be cause of the false confession. We concludes that legal reform should be urgently introduced.
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| Free Research Field |
刑事訴訟法
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