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Ryoichi HIROI
Article type: Article
2011 Volume 11 Issue 1 Pages
1-6
Published: 2011
Released on J-STAGE: June 02, 2017
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"Forensic Clinical Psychology" settles the child and family problems appropriately to use the problem solution functions in the cross between the judicial function and the clinical psychological function. However, clinical psychological functions are limited in Japanese family courts because these courts overemphasize the judicial function. We need to develop a true concept of "Forensic Clinical Psychology" by uniting both the functions.
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Kuniko MURAMOTO
Article type: Article
2011 Volume 11 Issue 1 Pages
7-13
Published: 2011
Released on J-STAGE: June 02, 2017
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The author, a clinical psychologist having experience in working with women and children, has been working toward developing possibilities for the collaboration of law and psychology. In March 2010, she visited and observed therapeutic courts in Toronto, Canada. Therapeutic justice, which is based on concepts of therapeutic jurisprudence introduced in the US in the 1980s, is practiced in both problem-solving and therapeutic courts. In the late 1980s, Canada witnessed the development of four types of problem-solving courts: drug treatment, mental health, aboriginal, and domestic violence courts. This study presents the author's observations of drug treatment and mental health courts in Toronto. Both courts bring together professionals from diverse areas, such as judges, lawyers, court staff, counselors, psychiatrists, social workers, and probation officers, to establish a non-adversarial, team approach toward resolving problems using community resources. Evidence of the positive effects of this approach exists, demonstrating that the ethics of justice can be modified through the collaboration of law and psychology.
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Tadashi NAKAMURA
Article type: Article
2011 Volume 11 Issue 1 Pages
14-20
Published: 2011
Released on J-STAGE: June 02, 2017
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The author intends to examine how clinical psychological practice within the context of a social therapeutic community comprising abusive individuals is helpful in reducing violence and abuse in intimate relationships. The author's interest is in developing new methods for batterer intervention and offender rehabilitation by linking clinical psychological viewpoints and variables with jurisprudence perspectives. Because human violence is a multidisciplinary subject, research based on clinical psychological practice must differentiate between the forensic system and theory. The author aims to create a more comprehensive theory of human aggressiveness. The micro (personality theory)-macro (social perspective) link will be considered. This study is the first step toward developing this linkage.
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Toshihiko NAKAGAWA
Article type: Article
2011 Volume 11 Issue 1 Pages
21-25
Published: 2011
Released on J-STAGE: June 02, 2017
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The emotional confrontations that arise in family disputes are often bitter. Complete resolution cannot be achieved by merely applying the law. Because it is not easy for either party to achieve satisfaction, it is both necessary and important to be aware of the psychological aspects of the dispute, even when a lawyer is involved. Lawyers, however, have generally failed to nurture a universal awareness of this issue, and have recently begun to advocate the concept of legal counseling. Meanwhile, recent times have seen a decrease in clinical functions of the family court, where it is expected that both family disputes and juvenile cases are handled through the approach and cooperation of the judicial and clinical functions of the court. The reasons for such a decrease can be attributed to a notable increase in caseloads, which leaves investigators with insufficient time, as well as questionable capabilities of certain investigators. Furthermore, causes in juvenile cases may be the influences of Juvenile Law revisions, while in domestic cases, they may be the anticipation of revising the Domestic Relations Trial Act, which is progressing in the direction of incorporating procedural guarantees for the parties involved. Since 2001, the judiciary system reform has been driven by the slogan "familiar, quick, and reliable law," leaving conflict resolution and psychological issues unattended. For the law to respond to the needs of those it serves and provide satisfying resolutions to a conflict, it is vital that the cooperation is sound between the judicial and clinical functions in certain cases.
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Tatsuya SATO
Article type: Article
2011 Volume 11 Issue 1 Pages
26-37
Published: 2011
Released on J-STAGE: June 02, 2017
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Forensic Clinical Psychology is a new and promising concept in Japan. Because of its newness, its definition is rather vague. This article examines the viewpoints and opinions about the field from the perspectives of four different groups of professionals: 1) lawyers dealing with domestic relations and juvenile delinquency cases; 2) family court ex-probation officers struggling to construe the movement in Japan; 3) clinical sociologists treating sex offenders; and 4) clinical psychologists interested in problem solving court systems who have analyzed this system in Canada. Next, the article introduces the notions of system theory and mode theory to unite law professionals and clinical psychologists. Finally, the concept of forensic clinical psychology is compared to those of criminal psychology and therapeutic justice.
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Kosuke WAKABAYASHI
Article type: Article
2011 Volume 11 Issue 1 Pages
38-39
Published: 2011
Released on J-STAGE: June 02, 2017
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Changes in the Japanese criminal justice system occurred with the introduction of citizen participation in criminal trials. This transition, however, Should not only bring about a system change but also prompt a rethinking of the criminal justice system. The difference in understanding the concept of "justice" between legal professionals and citizens(lay colleagues) Should yield important insights about the principles of citizen-participation sysrem. A better understanding of how citizens should envision the concepts of justice may facilitate court system stability. This study discusses five articles concerning different concepts and ideas of justice In law and psychology. Descriptions of justice in psychology differ from legal definitions. Legal definitions of justice refer to "absolute principles of social justice, "for instance, an obligation to help the weak. In contrast, psychological defhitions of justice include concepts of fairness which anchors decision making during a conflict. In this regard, "fairness" is a multidimensional concept overlapping the concept of Justice. This study addresses the issue of multidimensional and transdisciplinary concepts of justice and fairness.
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Miho SHIRAI, Tatsuya SATO, Hideya KITAMURA
Article type: Article
2011 Volume 11 Issue 1 Pages
40-46
Published: 2011
Released on J-STAGE: June 02, 2017
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This study examines the labeling processes of "Demonizing" and "Patientizing," as a dehumanization of the evil perpetrator. It presents reasons for favoring the death penalty or life confinement on serious crimes described by participants in the role of prosecutors or defense based on the "Trajectory Equifinality Model." The figure in the heinous crime showed two processes of labeling the perpetrator. In the reason for death penalty, the perpetrator was labeled the "evil" character, while in that for life confinement, the perpetrator was labeled the "psycho" character. The labels derive from the assumption that the perpetrator has an abnormal mental structure. This study proposes that two dehumanizing strategies-demonizing and patientizing-are used to maintain the belief in a just world and issue a death penalty or a sentence of life imprisonment.
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Nobuyoshi KAWASHIMA, Ken-ichi OHBUCHI, Tomohiro KUMAGAI, Nobuko ASAI
Article type: Article
2011 Volume 11 Issue 1 Pages
47-57
Published: 2011
Released on J-STAGE: June 02, 2017
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Social inequality has expanded in Japan. Previous studies found that individuals belonging to low SES perceived that they were unfairly treated by the society (micro unfairness), but it is not clear how they perceive this unfairness. Perceptions of "fairness" involve comparisons of inputs and outputs between self and others. However, it is not always possible for individuals to acquire accurate information about the entitlements and rewards others possess. In this study, we hypothesized that in such situations, individuals predisposed to respond to unfairness with intense negative emotions (the sensitivity to unfairness) would have a higher sense of micro unfairness than those not predisposed, and that the negative association between SES and micro unfairness would be stronger among those with a predisposition. The results of a 2009 survey conducted on 1398 Japanese adults support this hypothesis.
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Akinobu NAMEDA
Article type: Article
2011 Volume 11 Issue 1 Pages
58-67
Published: 2011
Released on J-STAGE: June 02, 2017
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To know whether law and legal judgment provide fairness to citizens, we must understand the different ideas of fairness. This study reviews fairness research on the division of family work to explore how individuals develop a sense of fairness in interpersonal contexts. Researchers in the last two decades have investigated the psychological mechanism that women do not necessarily regard an unbalanced division of family work as unfair. As Major (1987; 1993) and Thompson (1991) suggest, empirical studies regarding the concept of entitlement, which is related to gender, uncovered that the psychological process of outcome values, comparisons, and justifications are generally associated with the sense of fairness or entitlement. In addition, these studies show that gender and relationships are related to developing the sense of fairness or entitlement.
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Eiichiro WATAMURA, Toshihiro WAKEBE, Miyuki FUJIO, Yohtaro TAKANO
Article type: Article
2011 Volume 11 Issue 1 Pages
68-72
Published: 2011
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Laypeople determine the severity of punishment for criminal offenses based on their retributive motive. Previous research indicates that a retributive motive can influence a decision based on the fact that it rarely involves self-consciousness. This study reviews previous research on retributive motive for criminal punishment and uses the Implicit Association Test to demonstrate the presence of implicit retributive motive.
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Masahiko SAEKI
Article type: Article
2011 Volume 11 Issue 1 Pages
73-82
Published: 2011
Released on J-STAGE: June 02, 2017
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Recently, the Code of Criminal Procedure has been revised to introduce the Victims' Statement of Opinion and the Victim Participation System. These systems enable greater involvement of crime victims in criminal trials than previously permitted. This study addresses victims' perception regarding their participation in criminal trials. On this issue, there exists empirical research of Victim Impact Statements (VIS) in common law countries. This study reviews these researches and discusses the inconsistency in the research objectives. Early studies focused on whether VIS improves victim satisfaction. However, subsequent studies addressed the victims' reaction to VIS. The author suggests that the objective of victim participation should be clarified. It also analyzes these studies from the perspective of the social psychology of procedural justice. The emphasis of this theory has moved from characteristics of various processes to interpersonal relationships within a process. This study uses this perspective to interpret the findings of existing studies and points out the necessity for empirical research in Japan as well as issues that need further exploration.
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Mari HASEGAWA, Masaki YOSHIOKA, Noriko TOYAMA, Hinako UMEDA
Article type: Article
2011 Volume 11 Issue 1 Pages
83-87
Published: 2011
Released on J-STAGE: January 08, 2018
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Satoshi HARA, Yasushi OHASHI, Miki GOAN, Naohisa MORI, Keisuke MATSUSH ...
Article type: Article
2011 Volume 11 Issue 1 Pages
88-92
Published: 2011
Released on J-STAGE: January 08, 2018
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Saki YAMADA, Sumio HAMADA, Hiroshi WAKINAKA, Mitsuaki MURAYAMA
Article type: Article
2011 Volume 11 Issue 1 Pages
93-98
Published: 2011
Released on J-STAGE: January 08, 2018
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Katsumi MATSUMOTO, Yoko YOSHIDA, Kuniko MURAMOTO, Akina KOUSAKA
Article type: Article
2011 Volume 11 Issue 1 Pages
99-102
Published: 2011
Released on J-STAGE: January 08, 2018
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Atsushi FUKUI, Yuko YAMASAKI, Kanako TAKAYAMA, Masahiro FUJITA, Chie M ...
Article type: Article
2011 Volume 11 Issue 1 Pages
103-108
Published: 2011
Released on J-STAGE: January 08, 2018
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Toshiya YAMAMOTO, Tadaharu WATANABE, Chengnan PIAN, Mai KOMINATO
Article type: Article
2011 Volume 11 Issue 1 Pages
109-120
Published: 2011
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This study investigates the cultural differences about the consciousness of possession in China and Japan and the characteristics of possession as a dynamic cultural phenomenon. In this study, 111 Beijing and 100 Saitama university students were shown two scenarios regarding conflicts over possession between two or three individuals. They were asked to discuss their impressions on the characters in those scenarios and the tolerance levels in the characters' behaviors in different relationships and circumstances. The results were as follows: 1) Japanese students tend to give negative evaluations, but Chinese students tend to evaluate them positively; and 2) There were differences about the degree of allowance between with relative and with others. These findings suggest that different perceptions about consciousness of possession exist between China and Japan, and reveal that an everyday consciousness of possession includes the complex relationships between the subject, object, and others.
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Mitsuaki MURAYAMA
Article type: Article
2011 Volume 11 Issue 1 Pages
121-124
Published: 2011
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This study discusses expert opinions regarding traumatic memory and analysis of a victim's statement in the case of an alleged rape resulting in injury. Traumatic memory should not be assumed accurate only because it is traumatic. Such a memory might change in the process of recollecting the crime, because it is constructed from fragmented memories. Analysis of a victim's statement revealed that discrepancies existed in whether the victim knew the assailant, specifics of the crime, and any physical attributes that might help identify the assailant. Although the victim reported that physical evidence existed, it was not produced. In fact, at one point, she stated that the allegation of rape was false. Therefore, assuming that the accused really committed the crime, parts of the victim's statement were not credible. On the other hand, if the accused was innocent, her statement was understandable based on the possibility of a false memory.
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Eiichiro WATAMURA
Article type: Article
2011 Volume 11 Issue 1 Pages
125-126
Published: 2011
Released on J-STAGE: January 08, 2018
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Masahiko SAEKI
Article type: Article
2011 Volume 11 Issue 1 Pages
127-129
Published: 2011
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Makiko MIZUNO
Article type: Article
2011 Volume 11 Issue 1 Pages
130-132
Published: 2011
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Syugo HOTTA
Article type: Article
2011 Volume 11 Issue 1 Pages
133-134
Published: 2011
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Kotaro TAKAGI
Article type: Article
2011 Volume 11 Issue 1 Pages
135-136
Published: 2011
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Tasuku YOSHII
Article type: Article
2011 Volume 11 Issue 1 Pages
137-139
Published: 2011
Released on J-STAGE: January 08, 2018
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