2004 Fiscal Year Final Research Report Summary
Criminal Justice and Mental Health Law after the draft of "Treatment and Probation Law for Individual Committing Grave Act under Insanity"-Treatment of the Mentally III and the Addicted-
| Project/Area Number |
15330016
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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 | Sophia University |
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Principal Investigator |
MACHINO Saku Sophia University, Graduate School of Law, Professor (60053691)
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| Co-Investigator(Kenkyū-buntansha) |
NAKATANI Yoji Tsukuba University, Graduate School of Comprehensive Human Siences, Professor (30164221)
KONISHI Takako Musashino University, Faculty of Human Studies, Profesor (30251557)
IWAI Yoshiko Senshu University, Law School, Professor (00151704)
NAGAI Madoka Yokohama National University, International Graduate School of Social Sciences, Professor (50102215)
YAMAMOTO Teruyuki Nagoya University, Law School, Professor (00182634)
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| Project Period (FY) |
2003 – 2004
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| Keywords | Treatment and Probation Law for Individual Committing Grave Act under Insanity / Mentally Ill Offender / Insanity Defense / Psychiatric Evidence / Treatability / Drug Addicts / Exchange Program of Researcher / Mental Health system in Canada |
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| Research Abstract |
(1) There exists great gap between law professionals and practitioners concerning the two issues.
Namely:
(1) Mental health care staff are negative to accept the "refractory patients," while lawyers think they should be treated by the mental health system.
(2) Lawyers tend to take dangerousness of an mentally ill offender, while mental health care staff consider the medical treatability seriously.
(2) The cooperation in the community health care system for the offender-outpatient is weak in the new Law.
(3) Treatment and care of the amphetamine addict is a serious problem in Japan and we have to assume the new Law will find difficulties.
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