裁判長「反省」見極め無期に...無念の遺族「更生なんて」（2009年2月27日03時18分 読売新聞）
この記事は、ＹＯＭＩＵＲＩ ＯＮＬＩＮＥ の社会 最新記事にあった今日付の記事なんですが、記事中の判決は５年以上前の２００３年９月２日のものです。
掲載する場所を間違ったのかなという気がしますがそれはさておき
今は退官している仲宗根裁判長は数多くの経験から、「量刑を判断する際、被告の反省の態度を見極めるのは非常に難しい」と身をもって感じてきた。だからこそ、法廷では、被告の表情や雰囲気、言動のすべてに注意を払った。心の中が見えるはずはないけれども、外面に出てくるあらゆる手がかりを探す。反省を装っている可能性はあるかもしれないが、最初から演技と決めつけることは決してしない。そして、「３人の裁判官の見方が一致すれば、反省が本当かどうか、判断を誤ることはないだろう」と信じていた。
今はどう思っていらっしゃるのでしょうか？
私も、自分なりに目の前にいる被疑者・被告人が本当に反省しているのかどうかを真剣に考えてきましたし、自分なりに反省が本当かどうかを判断してきました。
しかし、その自分の判断が正しいかどうかいまだに自信が持てないでいます。
反省していないんじゃないかという判断はかなり自信と根拠をもって言える気がするのですが、反省しているという判断については、結局「そのように思える。」という主観的判断の域を超えないように思われます
それが３人一致したからといって「判断を誤ることはないだろう」というのはやや楽観的に過ぎるのではないでしょうか。
また、その時点では真実反省していたとしても、その反省が将来的に維持され深化されるかどうかはもっと疑問です。
法廷の場で、後悔を含む反省をしない被告人はほとんどいないと思われます。
しかし、再犯者の数は決して少なくありません。
被告の反省の態度を見極めるのは非常に難しい
私もそう思います。
だからこそ、反省の態度というようなものを死刑の当否を決する決定的な判断材料にするのは正しくないのではないかと思うのです。
懲役刑が問題になる場合は、反省の態度は刑期の長短に影響を及ぼす相対的な判断材料にとどまります。
しかし、死刑の当否が問題になる場合は同様に考えることはできないように思われます。
なお、この事件については遺族側の対応にも一貫しないところが感じられます。
死刑回避の理由としては民事上の和解成立のほうが大きいかも知れません。
約６０年の分割払いの支払い義務を被告人に認めると言うことは、被告人の存命すなわち死刑回避を前提とする和解であるということになります。
つまり、論理的には遺族側は被告人の死刑回避を望んだ、ということになります。
もっとも、和解内容の詳細が明らかでないので的外れなことを言っている可能性がありますし、死刑判断が遺族が処罰感情に左右されるというのも反省の態度を重視するのと同様に正しくないと思います。
及川被告は受刑者となり、現在、関東地方の刑務所にいる。無期懲役の確定を境に遺族への手紙は途絶え、損害賠償の分割払いも３年前から止まっている。
予測された範囲内のことです。
＞「被告の反省の態度を見極めるのは非常に難しい」
プロの方でさえそう思われるのですから、裁判員に選ばれた素人にとっては判断不能とさえ思えます。
ですから、モトケン先生の「だからこそ、反省の態度というようなものを死刑の当否を決する決定的な判断材料にするのは正しくないのではないかと思うのです。」という示唆を念頭に置くべきだと思います。
裁判員になった場合に予断をもって臨む積もりはありませんが、外野から見聞きしている限りで言えば、被告人が「自分は……死刑になった方がいいと思ってます」と言うのも「一生償っていきたいと思ってます」と言うのも、どちらも反省の態度を示したいだけと思えてしまいます。
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the news has been notably unforgiving regarding the experience that took place not goodbye in the past and that's nonetheless very vivid in many people's minds. convinced, i'm conversing about the oil spill that BP is responsible for and i has been determined by using the los angeles that the person who will take the full blame is the corporate itself, which now faces loses of enormous quantities of tens of millions of bucks. consequently bad twist of fate there were and nonetheless are most people will which are filing bp claims in an effort to be paid for the object that they have got lost.
if you find yourself also one of the vital, you then won't have to need to many issues, as the executive has at this time known the location and has pressured BP to pay for every that has happened as a result fault. there is a an Oil pollutants act that has been signed in the 1990 pointing out that if any enterprise will disrupt our surroundings healthiness and reason wreck to men and women by any means via harmful substances, that designated enterprise might be vulnerable to pay for every that is critical so that you can have things lower back to popular lower back.
for that reason dire challenge, there are various offices that BP has established in many distinct cities, in order that each person can be capable of make their claims as soon as you'll and get to be compensated for his or her loses. So, now, it is possible for you to to make a claim comfortably by way of email, throughout the internet or by means of fax. Such ways of making gccf claim status has been maximized in order to have your complete strategy accelerated and people to get what they deserve.
For cleansing the affected and broken parts, the single if you want to have the duty to wash them up is usually BP and also pay compensations in case if lack of earnings has been proved, for the internet lost earning capability, for pro ruin, the price of the rise public services and so forth.
There are though many chances that those individuals will need to look ahead to years that will get what is rightfully theirs, again. So for this reason situation, it's essential to appoint an oil spill legal professional and he'll consultant you thru the professional and will make sure that you will end up effective inside the struggle towards BP.
Do be sure to listen to what your lawyer advises you to do and say carefully so as to be compensated by way of the Gulf Coast Claims Facility.
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