A Comprehensive Study of the Practical Function and Theoretical Significance of the Empirical Rule in Contemporary Criminal Fact-Finding
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- Toyosaki Nanae
- Principal Investigator
- 九州大学
About this project
- Japan Grant Number
- JP18K01317
- Funding Program
- Grants-in-Aid for Scientific Research
- Funding organization
- Japan Society for the Promotion of Science
- Project/Area Number
- 18K01317
- Research Category
- Grant-in-Aid for Scientific Research (C)
- Allocation Type
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- Multi-year Fund
- Review Section / Research Field
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- Basic Section 05050:Criminal law-related
- Research Institution
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- Kyushu University
- Project Period (FY)
- 2018-04-01 〜 2024-03-31
- Project Status
- Completed
- Budget Amount*help
- 4,290,000 Yen (Direct Cost: 3,300,000 Yen Indirect Cost: 990,000 Yen)
Research Abstract
This study has shown that the method of determining a defendant's guilt based on indirect facts, such as the defendant's false exculpatory acts, confessional behavior, and the hierarchical relationship between the defendant and the perpetrator in a gang, has evidentiary weaknesses in the double sense that it lacks a multifaceted body of evidence and relies on a naive "rule of thumb" that lacks empirical validity. In addition, the method of affirming the credibility of a confession by a person with poor communication skills or a confession with shifting statements as consistent with other indirect facts, or recognizing the guilt of the accused based on a comprehensive evaluation of such a confession and indirect facts, depends on a simple "rule of thumb": "People do not tell lies that are harmful to themselves ".
Details 詳細情報について
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- CRID
- 1040000781997068672
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- Text Lang
- ja
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- Data Source
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- KAKEN
- IRDB
