量刑判断に対する増進・抑制効果の検討

—被害者への同情と裁判に対する規範的なイメージに着目して—

抄録

The present study focused on the determination factors of the sentencing decisions in the fictional case of accidental mortality from the aspects of the enhancement and inhibiting effects. 71 undergraduate students participated in the scenario experiment and they were subjected to a statement presented by the victim. Multiple linear regression analyses revealed that sympathy for crime victim made the sentence stricter. Furthermore, normative values such as “the trial must be rational, not emotional” had the inhibiting effect on sympathy for victim and the sentence to the defendant. Suggestions for future research on the determination of the punishment were discussed.