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

概要

論文の詳細を見る
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.
龍谷大学矯正・保護研究センターの論文