刑事責任能力判断の分析
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概要
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How does the criminal court make judgement about criminal responsibility (kriminalle Schuldfahigkeit)? This paper reports on the result of the author's analysis of the judicial judgement about this issue. The sample of this analysis consists of 154 cases (appeared in law reports or law journals) which made an issue of criminal responsibility. These cases were analyzed by the means of "Chi-Square test" and "Quantification theory-model II." As a result of the analysis, nine factors were selected as constituents of the judicial judgement about criminal responsibility. These factors are : (1) "Premeditation of the crime ;" (2) "Unusual motive of the crime ;" (3) "psychosis ;" (4) "Mental defectiveness;" (5) "Neurosis ;" (6) "Alcoholic intoxication;" (7) "Disturbed consciousness at the time of commitment of the crime;" (8) "Existence of delusion and hallucination etc ;" (9) "Existcnce of memory of comittment." The "Quantification theory-class II" calculates the normalized score of each category. The sample score is calculated by totaling the normalized scores of all applicable categories. The turning point which devides between the non-responsibility (Schuldunfahigkeit) and the diminished responsibility (verminderte Schuldfahigkeit), and between the diminished responsibility and the full responsibility (Schuldfahigkeit), turns out through the distribution of the sample scores. As a result of analysis on the said nine factors, the following turning points were obtained. (1) 〜30 : Non-responsibility. (2) 29〜-57 : Diminished responsibility. (3) -58〜 : Responsibility. Through this division, eighty percent of the total samples were able to be discriminated. And the further follow-up to other ten cases other than the samples revealed that the discrimination rate is eighty percent.
- 日本犯罪社会学会の論文