Digital Media Recording of Forensic Interviews and its Admissibility

Abstract

This paper discusses whether digital media recording of forensic interviews may be used as evidence at criminal trials in Japan. No document or statement of another person made outside the trial may be used as evidence in lieu of a statement made at the trial (Code of Criminal Procedure, Article 320). But digital media recordings of forensic interviews conducted by child consultation officers may be used as evidence in the circumstances prescribed by Article 321 ⑴ ⅲ . This paper introduces some cases from the lower court, and argues that it is possible to meet the requirements of Article 321 ⑴ ⅲ when using digital media recordings of forensic interviews. However, forensic interviews are incompatible with cross examination, because of difference regarding the principle of establishing factuality in criminal procedure.