刑事施設における処遇と憲法36条の残虐な刑罰の禁止について-日本の判例と学説を中心に

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This paper discusses the treatment of prisoners according to Article 36 of the Japanese Constitution. This article absolutely forbids the infliction of torture or cruelty by any public officer. Much of the debate of Article 36 has been exclusively focused on the death penalty. On the other hand, not only the death penalty, but various aspects of the Eighth Amendment to the United States Constitution, on which Article 36 was modeled, have been debated for years. Drawing on the American experience, this paper examines how Article 36 is interpreted and applied to the treatment of prisoners by Japanese courts, and points out a few theoretical problems discussing relevant case law.
2014-02-01