Japanese Journal of Law and Psychology
Online ISSN : 2424-1148
Print ISSN : 1346-8669
Volume 16, Issue 1
Displaying 1-24 of 24 articles from this issue
  • [in Japanese]
    2016 Volume 16 Issue 1 Pages 1-2
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • Motomi TOICHI
    2016 Volume 16 Issue 1 Pages 3-6
    Published: 2016
    Released on J-STAGE: January 29, 2018
    JOURNAL OPEN ACCESS
    First, the historical changes of the concept of autism spectrum disorder (ASD) were reviewed and the previously used subtypes of ASD (autistic disorder, Asperger’s disorder, pervasive developmental disorder not otherwise specified) were explained. Then the clinical characteristics including ASD associated symptoms and secondary complications, as well as the current approach of medical intervention were described. After the discussion on the role of intellectual, psychosocial, and ASD-related factors in developing antisocial behaviors in juvenile cases with ASD, the author referred to the forensic issues associated with ASD that need to be addressed urgently.
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  • Kenbu IWAMOTO
    2016 Volume 16 Issue 1 Pages 7-11
    Published: 2016
    Released on J-STAGE: January 29, 2018
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    This article discusses effective trial strategies for attorneys who represent juveniles with autism spectrum disorder. The author reports a case where the trial court (with the participation of “saiban-ins” or lay judges) transferred the matter of a juvenile with autism to the family court pursuant to Article 55 of the Juvenile Act. For such cases, three important points are noted, of which the attorney should inform judges and saiban-ins. The first is “What”: This indicates what type of disorder the juvenile has. Questioning the juvenile and their family members at the early stage of the trial is an effective strategy. The second point is “How”: Explaining how their disorder has affected the case. It is important to utilize the testimony of an expert such as a psychiatrist, as well as to submit their social records. The third point is “Why”: Rationalizing why the district court should transfer the case to the family court because of the juvenile’s disorder. The attorney should present a convincing argument, with a full understanding of how trial courts make sentencing decisions. Above all, the most important aim is to prevent the family court from referring a case to a public prosecutor, which would result in the juvenile being tried as a defendant in a criminal court. The attorney, as an attendant of the juvenile, is required to promptly establish a proper advocacy strategy by consulting experts and to provide an effective representation.
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  • Yasuhiro MURAO
    2016 Volume 16 Issue 1 Pages 12-18
    Published: 2016
    Released on J-STAGE: January 29, 2018
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    My basic understanding of delinquents is that delinquents are perpetrators but they have the strong sense of victimization. When we understand those who have autism spectrum disorder (ASD), we can use this point of view, and consideration of their characteristics. For understanding and handling of delinquents, it is essential to understand their sense of victimization and to empathize with them. The same is true for juveniles with ASD. Empathic understanding of the sense of victimization in their lives is important. Low cognitive empathy and high emotional empathy are the characteristics of ASD. It was discussed that we could focus on those characteristics and approach those who have ASD. The difference between ASD with delinquency and ASD with no delinquency is whether or not they have accumulating sense of victimization. I pointed out the importance of understanding of such sense. With better understand of such sense, we could realize their mysterious motives to some extent.
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  • [in Japanese]
    2016 Volume 16 Issue 1 Pages 19-22
    Published: 2016
    Released on J-STAGE: January 29, 2018
    JOURNAL OPEN ACCESS
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  • [in Japanese]
    2016 Volume 16 Issue 1 Pages 23
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • Makiko NAKA
    2016 Volume 16 Issue 1 Pages 24-30
    Published: 2016
    Released on J-STAGE: January 29, 2018
    JOURNAL OPEN ACCESS
    This paper contributed to the symposium held at the 16th annual meeting of the Japanese Society for Law and Psychology, titled “How we utilize the forensic interviews: Skills, cooperation, and the legal system.” Forensic interviews, or investigative interviews, are the method of eliciting as much and as accurate information as possible from alleged child victims and witnesses with the aim of minimizing the stress of interviews on children. The topics of this paper include the outline and characteristics of forensic interviews; the problems in repeated interviews, i.e., deteriorative effects on the accuracy of testimony and secondary trauma; the importance of a Multi-Disciplinary Team (MDT) approach to solve these problems; and the current situations in Japan, including the forensic interview training at Hokkaido University. These are followed by the results from the study on professionals’ perception of forensic interviews and the MDT approach. Measures that can be taken by psychologists to promote the MDT approach are discussed.
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  • Tatsuya INAGAWA
    2016 Volume 16 Issue 1 Pages 31-35
    Published: 2016
    Released on J-STAGE: January 29, 2018
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    This paper represents the author’s views and opinions on the use of so-called “forensic interviews” in the public prosecutors’ office (PPO). They are “so-called” because forensic interviews have not yet been realized in Japan as a package embraced in the legal system. In this presentation, we describe the current use of video-recorded interviews in the PPO, how we treat the claims of child abuse, and then how we collect information from children and establish the evidential value of the testimonies. Although video-recorded interviews were previously limited to specific kinds of suspect interrogation, the application of such interviews has increased to encompass alleged victims and eyewitnesses when necessary, and these can be construed as a type of forensic interviewing. For child abuse cases, the PPO may need to act as a coordinator to connect agencies while working with social workers. In the case of child abuse, it is important to plan the investigation to make an early decision regarding whether the child’s testimony is necessary. It is also important to improve interviewing skills and the legal system.
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  • Daisuke MIDORI
    2016 Volume 16 Issue 1 Pages 36-42
    Published: 2016
    Released on J-STAGE: January 29, 2018
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    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.
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  • Kazumi WATANABE
    2016 Volume 16 Issue 1 Pages 43-51
    Published: 2016
    Released on J-STAGE: January 29, 2018
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    In the past two decades, through the movement of victim support, the Japanese police have promoted the issue of providing support to victims in police activities to one of high concern. However, the Japanese police initially had little concern regarding the problematic issues arising from interviews and interviewing techniques that intend to elicit additional detailed information from the victims and/or witnesses. With the publication of the “Program to Advance Investigation Methods and Interrogations” by the National Police Agency, a basic training manual for investigative interviewing was published by the National Police Agency, and systematic and practical training based on psychological findings were provided to police officers across Japan. Throughout this training, police officers acquired basic skills for eliciting detailed information from interviewees without asking leading questions. As for interviewing children, the matters of suggestibility as well as developmental issues have to be considered. Although we have no official “forensic interviews,” a new collaboration among related agencies has just started looking into child victims' interviews, so at least the knowledge and skills of basic interviewing techniques have to be shared among people who treat child victims.
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  • [in Japanese]
    2016 Volume 16 Issue 1 Pages 52-54
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese], [in Japanese], [in Japanese], [in Japanese], [in Japane ...
    2016 Volume 16 Issue 1 Pages 55-61
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese], [in Japanese], [in Japanese], [in Japanese]
    2016 Volume 16 Issue 1 Pages 62-68
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese], [in Japanese], [in Japanese]
    2016 Volume 16 Issue 1 Pages 69-74
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese], [in Japanese], [in Japanese], [in Japanese], [in Japane ...
    2016 Volume 16 Issue 1 Pages 75-79
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese], [in Japanese], [in Japanese], [in Japanese]
    2016 Volume 16 Issue 1 Pages 80-85
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese], [in Japanese], [in Japanese], [in Japanese], [in Japane ...
    2016 Volume 16 Issue 1 Pages 86-93
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese], [in Japanese], [in Japanese], [in Japanese], [in Japane ...
    2016 Volume 16 Issue 1 Pages 94-99
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • A study using a DON’T KNOW option.
    Yui FUKUSHIMA, Hiroshi MIURA, Yukio ITSUKUSHIMA
    2016 Volume 16 Issue 1 Pages 100-111
    Published: 2016
    Released on J-STAGE: January 29, 2018
    JOURNAL OPEN ACCESS
    The present study examined whether providing a DON’T KNOW option reduce the influence of a suggestive interviewer on the performance of eyewitnesses in repeated showup identification procedures. Fifty-seven participants eye-witnessed a staged event in which a man took a wallet from an unattended bag; they were later interviewed twice. Each interview included two showup identification procedures: one with a suggestive interviewer and the other with a non-suggestive interviewer. In the showup identification procedure, the participants were shown pictures depicting a man and choose one of the three responses: YES, NO, or DON’T KNOW. The person who took the wallet was never in the picture shown, so a YES response was an incorrect identification (i.e. false alarm), and NO was a correct rejection. In the suggestive condition, the participants chose the YES significantly more often than NO and DON’T KNOW, while in the non-suggestive condition, NO and DON’T KNOW were significantly more frequent than YES. This indicates that providing a DON’T KNOW option does not reduce the influence of a suggestive interviewer. Furthermore, the participants in the suggestive condition tended to maintain their first identification response more often than the participants in the non-suggestive condition. The results were interpreted according to the conformity theory of memory.
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  • [in Japanese]
    2016 Volume 16 Issue 1 Pages 112-114
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese]
    2016 Volume 16 Issue 1 Pages 115-116
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese]
    2016 Volume 16 Issue 1 Pages 117-119
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese]
    2016 Volume 16 Issue 1 Pages 120-122
    Published: 2016
    Released on J-STAGE: January 29, 2018
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  • [in Japanese]
    2016 Volume 16 Issue 1 Pages 123-125
    Published: 2016
    Released on J-STAGE: January 29, 2018
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    Download PDF (619K)
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