2007 Fiscal Year Final Research Report Summary
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 |
Section | 一般 |
Research Field |
Criminal law
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Research Institution | National Graduate Institute for Policy Studies (2005-2007) Nanzan University (2004) |
Principal Investigator |
FUJITA Masahiro National Graduate Institute for Policy Studies, Graduate School of Policy Studies, Assistant professor (60377140)
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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)
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Project Period (FY) |
2004 – 2007
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Keywords | Saibanin / Jury / Mixed Court / Cognitive Psychology / Social Psychology |
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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Research Products
(42 results)
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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
Year and Date
20070703-08
Description
「研究成果報告書概要(欧文)」より
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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
Year and Date
20070703-08
Description
「研究成果報告書概要(欧文)」より
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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
Year and Date
20070703-08
Description
「研究成果報告書概要(欧文)」より
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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
Year and Date
20070703-08
Description
「研究成果報告書概要(欧文)」より
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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