Must the death penalty of Japan abolish? The abolitionists of Japan have made an appeal for abolishment of the capital punishment of Japan.
In practice, on September 20, 1996, the Second Petty Bench of the Supreme Court of Japan vacated the death sentence the Court of Appeals had sentenced the defendant to because of the conspiracy of felony murder, committed on purpose to obtain the illegal gain i.e. the fraud by kidnapping, and then punished the defendant with life sentence.
On May 12, 1997, the Tokyo Court of Appeals vacated the death sentence the Trial Court had sentenced the defendant to because of the first degree murder that was committed in the perpetration of rape and robbery, and also punished the defendant with life sentence.
The practical trend of sentencing of Japan has been becoming less harsh. Is that in justice?
And the international trends toward the abolishment of death penalty are just a factual cause not a legal one to abolish or maintain the death penalty of Japan.
I have heard that the problem of misjudgment is the most decisive one as to whether death penalty should be abolished. The problem of misjudgment is, however, not peculiar to death penalty at all. Any other punishment as well as capital punishment can not be compensated by any means. So the problem of misjudgmenet is not decisive.
We should take the victimus of serious crimes, i.e. the first degree murder seriously.
In this paper, the issue as to whether death penalty should be abolished will be analysed wkh scrutinizing the capital cases to appeal maintain the death penalty of Japan. Must the death penalty of Japan abolish?
雑誌名
放送大学研究年報
巻
15
ページ
35 - 59
発行年
1998-03-31
ISSN
0911-4505
書誌レコードID
AN10019636
放送大学機関リポジトリとは
放送大学機関リポジトリ（The Open University of Japan Repository）では、放送大学で生産された学術成果を収集・蓄積し、広く公開しています。
わが国の死刑制度を考える
NO_15-35-59
(3.26MB)
