少年事件の事実審理をめぐって : 明倫中事件を手がかりに (課題研究『いじめ』問題と少年司法の限界)

概要

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First year student, Ippei Kojima (false name, thirteen years old at that time) was found as dead body inside the mat in a sporting goods room in the gymnasium at Meilin junior high school, Sinjo-city, Yamagata. He was turned upside down inside the mat which was rolled and set up. This accident is called "Bullying Mat Dead Matter". Police arrested seven senior students who were said to be in the gymnasium at that time for bodily injury and confinement resulting in death, and then anounced this matter as wicked bullying. Yamagata Family Court decided that they were not punished at the first trial. Because judges doubted boy's confession and this matter's background or motive were not clear. However, at the second trial in Sendai High Court, judges continues their confession and refused their statement for the accident death. Supreme Court rejected recomplaint of co unsel. The court has a big problem that is gives too much importance in "confession". And the court is willing to accept one-sided investgation report by police on boy's proceeding as evidence. And this prompts the court to give too much importance to confession and make it difficult to solve the truth of this matter which is undoubtedly innocent in order to reach a fair conclusion, it is necessary to examine confession on boy's matter objectively and analytically.
日本犯罪社会学会の論文