-
[in Japanese]
2016 Volume 16 Issue 1 Pages
1-2
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
-
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.
View full abstract
-
Kenbu IWAMOTO
2016 Volume 16 Issue 1 Pages
7-11
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
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.
View full abstract
-
Yasuhiro MURAO
2016 Volume 16 Issue 1 Pages
12-18
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
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.
View full abstract
-
[in Japanese]
2016 Volume 16 Issue 1 Pages
19-22
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
-
[in Japanese]
2016 Volume 16 Issue 1 Pages
23
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
-
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.
View full abstract
-
Tatsuya INAGAWA
2016 Volume 16 Issue 1 Pages
31-35
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
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.
View full abstract
-
Daisuke MIDORI
2016 Volume 16 Issue 1 Pages
36-42
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
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.
View full abstract
-
Kazumi WATANABE
2016 Volume 16 Issue 1 Pages
43-51
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
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.
View full abstract
-
[in Japanese]
2016 Volume 16 Issue 1 Pages
52-54
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
-
[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
JOURNAL
OPEN ACCESS
-
[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
JOURNAL
OPEN ACCESS
-
[in Japanese], [in Japanese], [in Japanese]
2016 Volume 16 Issue 1 Pages
69-74
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
-
[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
JOURNAL
OPEN ACCESS
-
[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
JOURNAL
OPEN ACCESS
-
[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
JOURNAL
OPEN ACCESS
-
[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
JOURNAL
OPEN ACCESS
-
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.
View full abstract
-
[in Japanese]
2016 Volume 16 Issue 1 Pages
112-114
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
-
[in Japanese]
2016 Volume 16 Issue 1 Pages
115-116
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
-
[in Japanese]
2016 Volume 16 Issue 1 Pages
117-119
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
-
[in Japanese]
2016 Volume 16 Issue 1 Pages
120-122
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS
-
[in Japanese]
2016 Volume 16 Issue 1 Pages
123-125
Published: 2016
Released on J-STAGE: January 29, 2018
JOURNAL
OPEN ACCESS