The effect of the victim participant's statements and people's attitudes to victim participation on sentencing decisions

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  • Shiraiwa Yuko
    Graduate School of Humanities and Sociology, The University of Tokyo
  • Karasawa Kaori
    Graduate School of Humanities and Sociology, The University of Tokyo

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  • 被害者参加人の発言および被害者参加制度への態度が量刑判断に与える影響
  • ヒガイシャ サンカジン ノ ハツゲン オヨビ ヒガイシャ サンカ セイド エ ノ タイド ガ リョウケイ ハンダン ニ アタエル エイキョウ

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In recent years, citizen judge system and active participation in the trial by victims of crime (VP) were introduced to the criminal justice system, warranting more research on the legal decision-making process of lay people. This study examined whether the victim participant type (the victim's father vs. mother vs. lawyer), his or her expressed emotion (anger vs. sadness vs. no expression), and people's attitudes to VP influence their judgment with respect to the length of sentence. Some 171 students participated in a mock trial, and were subjected to a statements presented by the victim participant. ANOVA revealed that the type of victim participant, and emotion expressed had no effects on the judgment. The mock judges showed an asymmetric perception, while their attitudes to VP influenced their sentencing judgments through speculated impact on self. That is, a person who opposes VP see the victim's statements as having a smaller impact on him or herself, and considered the defendant as deserving a more lenient punishment. Suggestions for future research on the determination of the punishment were discussed.<br>

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