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Hokkaido University Collection of Scholarly and Academic Papers >
Graduate School of Humanities and Human Sciences / Faculty of Humanities and Human Sciences >
Peer-reviewed Journal Articles, etc >
裁判官および裁判員による, 収集の違法性が疑われる証拠の採用・不採用が法的判断に与える影響
| Title: | 裁判官および裁判員による, 収集の違法性が疑われる証拠の採用・不採用が法的判断に与える影響 |
| Other Titles: | Do tribunal decisions and/or lay judges' personal decisions on admissibility of evidence affect their conviction rates? |
| Authors: | 山崎, 優子1 Browse this author | | 伊東, 裕司2 Browse this author | | 仲, 真紀子3 Browse this author |
| Authors(alt): | Yamazaki, Yuko1 | | Itoh, Yuji2 | | Naka, Makiko3 |
| Keywords: | 不採用証拠 | | 有罪判断率 | | 裁判員裁判 | | 証拠の採用・不採用に関する準備手続 | | lay judge | | inadmissible evidence | | conviction rate | | pretrial decision on admissibility of evidence | | mixed tribunal |
| Issue Date: | 2005 |
| Publisher: | 龍谷大学矯正・保護研究センター |
| Journal Title: | 龍谷大学矯正・保護研究センター研究年報 |
| Journal Title(alt): | Corrections and Rehabilitation Research Center (CRRC) Journal |
| Volume: | 2 |
| Start Page: | 120 |
| End Page: | 139 |
| Abstract: | A partial amendment of the Criminal Procedure Act was delivered in 2004. The law entitles a judge to decide admissibility/inadmissibility of evidence in a pretrial procedure. Because the procedure is closed to lay judges in the future mixed tribunals, some argue that transparency of the procedure might be jeopardized. However, others argue that the procedure is in the interest of justice because lay judges might be easily biased if they were exposed to prosecuting but possibly inadmissible evidence in the court. In this study, we investigated whether or not lay judges' conviction rate was affected by (1) their being exposed to such evidence, (2) their personal decisions on admissibility/inadmissibility of the evidence, and (3) the tribunal decisions on admissibility/inadmissibility of the evidence, Results showed that exposing lay judges to possibly inadmissible evidence did not necessarily raise the conviction rate. Furthermore, when the evidence was decided inadmissible by the tribunal decision, lay judges could ignore the evidence. Desirable procedures were discussed. |
| Type: | article |
| URI: | http://hdl.handle.net/2115/44699 |
| Appears in Collections: | 文学院・文学研究院 (Graduate School of Humanities and Human Sciences / Faculty of Humanities and Human Sciences) > 雑誌発表論文等 (Peer-reviewed Journal Articles, etc)
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Submitter: 仲 真紀子
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