The Effects of an added dictionary explanation about the term "Mihitsu no Koi (Reckless misconduct)" on the comprehension and decision making in a trial by lay judges and professional judges(<Special Report>Symposium of the Seventh Congress of JSLP)

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  • 「未必の故意」に関する教示が司法修習生と大学生の裁判理解および法的判断に及ぼす影響(法と心理学会第7回大会シンポジウム,<特集>素人の事実認定と玄人の事実認定)
  • 「未必の故意」に関する教示が司法修習生と大学生の裁判理解および法的判断に及ぼす影響
  • ミヒツ ノ コイ ニ カンスル キョウジ ガ シホウ シュウシュウセイ ト ダイガクセイ ノ サイバン リカイ オヨビ ホウテキ ハンダン ニ オヨボス エイキョウ

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In trials, lay judges will hear a lot of legal terms and concepts that might not be in daily use. The existence of such terms and concepts, even if the explanation about them is added, might become too heavy a cognitive load for them and may adversely influence their understanding of the trial and their subsequent verdict. In this study, "Mihitsu no Koi (Reckless Misconduct)", which is an unfamiliar term to the general public, was examined to gauge whether the strengthening of the recognition of the term influenced lay judges' understanding of the trial video (containing the issue of reckless misconduct) and their final judgment of innocence or guilt. We furthermore noted the level the differences in level of understanding of the term Reckless Misconduct between legal apprentices, whom will have further opportunity to hear such terms in the course of their future work, and students of law in university. Results indicate that levels of understanding of the notion of the term rose among law students, but there remained an inaccurate grasp of this concept. Additionally, a drop in the understanding of the concept as it is used in trials and verdicts was found. With regard to legal apprentices, it was found that there were both occasions of high and low levels of awareness and understanding about the term Reckless Misconduct; however, this had no measurable effect on judgments. Final consideration is given as to why legal apprentices' and law students' levels of understanding of the term reckless misconduct differ; and to the extent this can affect judgments.

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