法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
法廷空間の暴力
<尋問するもの-尋問されるもの>のあいだに働く力の磁場
浜田 寿美男
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ジャーナル フリー

2001 年 2001 巻 54 号 p. 157-170,261

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Our statement analysis of many criminal cases has shown that the statements of suspects or witnesses are often distorted in the direction of the interrogator's expectation and the effects remain in the statements in the court. In Japan the criminal investigators have an inclination to interrogate the same suspect or witness again and again in the process of the investigation to get their desired answer. As a result, in the extreme case, some innocent defendants confess not only in the police but also in the court as if they were true criminals and some witnesses in the court give false evidence under the influence of prosecutor's suggestion. We examined the Noda Case (murder case in 1979) and the Kabutoyama Case (murder case in 1974) and were forced to presume that the mental retarded played such roles in the court. The criminal court can be compared to a magnetic field where the interrogator's expectations attract the interrogatee's statements like a magnet. We must make a searching inquiry into this dynamic field of the court.

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