前回のエントリで、私は、小倉秀夫弁護士が私に投げかけた
野党の共同提案にかかる刑事訴訟法改正案には無条件で賛成されますか？
という質問の意図について、
私に民主党の可視化法案に反対させて、私が可視化そのものに反対しているかのような印象を与えようとしたことは疑いの余地がありません。
と書きました。
そして
この私の意見に対して、小倉弁護士は「単なる邪推です。」と言いたいようですが、邪推ではない証拠を一つ提示できます。それは、小倉弁護士は、私が小倉弁護士に返した
小倉先生は、改正案に無条件に賛成されるのですか？という質問（最近の司法研修所では，「誘導尋問」の範囲が広がったのですか？のコメント欄）に答えないことです。
という事実を突きつけました。
その後に小倉弁護士は次のようなエントリを書いています。
「被疑者の見ている目の前でDVDの内容を気付かれずに書き換えるのは困難」
自分も改正案についての意見を書いたのだから、自分には私が言うような意図はないと言いたそうです。
しかし、この小倉弁護士のエントリによって、小倉弁護士が私を可視化反対論者に仕立て上げようとしている意図がさらに明瞭になっています。
まず指摘すべきは、小倉弁護士は、依然として、「 小倉先生は、改正案に無条件に賛成されるのですか？」という質問に答えていないという点です。
この質問には答えずに、もっぱら私が述べた意見を批判しています。
つまり、小倉弁護士は、改正案について議論しているのではなく、改正案に対する私の意見をターゲットにしているのです。
そして、その批判の仕方たるや以下のとおりです。
私は、改正案の
２ 前項の規定により記録をした記録媒体の一については、取調べを終了したときは、速やかに、被疑者の面前において封印をしなければならない。この場合においては、当該記録媒体が同項の規定により記録をしたものであることについて、被疑者に確認を求めることができる。
について
「被疑者に確認を求めることができる。」とありますが、どのようにして確認を求めるのかがよくわかりません。 まさか、レコーダーからDVDメディアを取り出して、「これに記録したからね。」と言えば足りるとは思えません。 取調べの一部始終が記録されているかどうかを確認するためには、厳密に言えば、その場で全てを再生して被疑者に確認させるということが必要だと思いますが（供述調書の場合は、いかに長文でも全て読んで聞かせた上で署名押印（または指印）を求めます。）、そんなことをすると一日８時間取り調べたら８時間再生してそれを被疑者に見せるということになりますから、それは非現実的な話だろうと思います。 詳細は刑事訴訟規則で定めると言うのかも知れませんが、意味のある確認をどうしたらできるのかよくわかりません。
という意見を述べました。
私は、確認は不要だと言っているわけではありません。
録画における捜査官側の不正防止のためになんらかの確認はあったほうがいいと思います。
しかし、この条文が何をどのようにして確認しようとしているのか具体的なイメージがつかめないので、「意味のある確認をどうしたらできるのかよくわかりません。」と言ったわけです。
いわば、取調べの現場を知るものとしての素朴な疑問であったわけです。
それが小倉弁護士にかかるとこうなります。
すくなくとも取調べ開始時にメディアが新規に挿入され，取り調べ終了後に排出されて，そのまま封印されるのであれば，通常は，その日取調担当官が語ったことと被疑者が語ったことのみがそこに記録されていることを期待できます（上記のようにした場合に，即座に内容の一部を捜査側に都合がよいように書き換える手法は，現時点ではないように思われます。）。従って，録音・録画にあたってトラブルがなかったことを確認できれば足りるのであって，被疑者としては全部を再生して確認する必要はないように思われます。従って，上記批判は，取調べ状況の全面録音録画義務づけに反対するための，ためにする批判ではないかと思われます。
この文章の意図を理解する前提として、小倉弁護士はこれまで捜査機関側に対して冤罪を作ること目的としていると言わんばかりの強烈な（ほとんど常軌を逸した）不信感を何度も表明してきたことを想起する必要があります。
そのような不信感を表明してきた小倉弁護士が、この場面においては、
すくなくとも取調べ開始時にメディアが新規に挿入され，取り調べ終了後に排出されて，そのまま封印されるのであれば，通常は，その日取調担当官が語ったことと被疑者が語ったことのみがそこに記録されていることを期待できます（上記のようにした場合に，即座に内容の一部を捜査側に都合がよいように書き換える手法は，現時点ではないように思われます。）。
と小倉弁護士のこれまでの言説に従えば脳天気と言うほかない警察に対する信頼感を示すのです。
レコーダーから排出されたメディアには、その日の取調状況が記録されていることが期待できるのであってわざわざ確認する必要はない、というわけです。
なんのための改正案の条項なのかさっぱりわかりません。
そして、その文章の後に
従って，録音・録画にあたってトラブルがなかったことを確認できれば足りるのであって，被疑者としては全部を再生して確認する必要はないように思われます。
と言うのですが、小倉弁護士は、メディアがレコーダーから排出されたことをもって「トラブルがなかったことを確認でき」るとでも言うのでしょうか？できないのならば、何をどのようにして確認するというのでしょうか？もう疑問だらけです。
そのような疑問だらけの趣旨不明な文章のあとに、さらに「従って」と続きます。
従って，上記批判は，取調べ状況の全面録音録画義務づけに反対するための，ためにする批判ではないかと思われます。
なんのこっちゃ、と言うほかありません。
条文について疑問を提起することは、「反対するための，ためにする批判」になるのでしょうか？
要するに、小倉弁護士は、民主党の提案する改正案に対して、その内容を確認するための質問をすることすら許さないわけです。
これが、小倉弁護士のいう「改正案に無条件に賛成する」ということの意味であることを、小倉弁護士自身が明言していると言えます。
そして、無条件に賛成しないと、（小倉論理では）どうなるかと言いますと、次のようになります。
私は、改正案の捜査段階から取調状況の録画記録を弁護人や被疑者が閲覧やコピーできるという条項について、単に録画するという範囲を超えて現状とかなりかけはなれた制度になりますので、「相当議論になりそうです。」と言いました。これは刑事事件の捜査をある程度知っている法律家なら誰でも感じる当然の予測です。（刑事弁護をやらない小倉弁護士にはわからないのだろうと思いますが）
さらに、弁護人としても否認事件なら「見ることができる」となったら「見なければ弁護過誤になりかねない」という恐れが生じますので、「見る必要が生じる」ということになり、相当の時間負担が生じることから「弁護士（ないし弁護士会）としてもそれなりの覚悟がいる改正案です。」と指摘したわけですが、小倉弁護士はそのような実情を知ってか知らずか
今まで通り捜査機関には冤罪を生み出す余地を残しておいてあげようという人々以外の間では，それほど議論になる点ではないように思います。
というのです。
これを言い換えれば、この問題を議論しようという者は、「今まで通り捜査機関には冤罪を生み出す余地を残しておいてあげようという人々」であるという意味になります。
はい、もう読者の皆さんにも明らかですね。
小倉弁護士は、民主党の改正案に無条件に賛成しない人（その具体的ターゲットは私＾＾；）に対して、「捜査機関には冤罪を生み出す余地を残しておいてあげようという人々」であるというレッテルを貼るために、「野党の共同提案にかかる刑事訴訟法改正案には無条件で賛成されますか？ 」という質問を私に投げかけたのです。
これが弁護士のやることか、とあきれる人は少なくないと思います。
つまり、小倉弁護士というのはそういう人なのです。
ちなみに「捜査機関には冤罪を生み出す余地を残しておいてあげようという人々」というのは、小倉弁護士の独自の脳内設定です。私は、小倉弁護士以外の人から、このような名誉毀損的な捜査機関観を聞いたことがありません。
小倉弁護士はこんなことを言いながら、メディアの確認の問題では脳天気さを晒しているわけですが、要するに、その場その場で私を批判できれば論旨や姿勢の一貫性などというものはどうでもいいのだろうと思います。
ところで、私が、「誘導尋問は、回答範囲を限定する質問によって回答を誘導しようとするものである。」を書いた時点では、小倉弁護士の質問の意図に関する証拠は、私の反対質問に回答しないという、消極的な状況証拠にとどまっていました。
しかし、小倉弁護士自身の「被疑者の見ている目の前でDVDの内容を気付かれずに書き換えるのは困難」によって、小倉弁護士の自白が得られたと考えることができます。
小倉ヲチャの中に、私と同様の認識を示している人がいます。
http://pc11.2ch.net/test/read.cgi/net/1245171608/39/
議論になる点があると感じる人、つまり、無条件に賛成できない人＝冤罪を生み出す余地を残したい人 と結論づけるための質問だったことが良く分かる文章だな。
要するに、ミエミエということなんでしょう。
小倉弁護士は、いつまでこんなことを続けるつもりなんでしょう？
私のこのブログの読者はけっこう多いですよ。
そのほとんどの人は論理的な思考ができる皆さんだと思います。
詭弁とか印象操作手法が通用する相手ではありません。
小倉弁護士がいくら、「私の主張が正しい。」と言ったとしても、「本当にそうなのかな？」という批判精神を忘れない人ばかりですよ。小倉弁護士のブログの読者は知りませんけど。
私を不当な手段で貶めようとすれば、それを真に受ける人もいれば、小倉弁護士が私を不当に貶めようとしていることを看破する人もいます。
後者の人たちが小倉弁護士をどう評価するかは説明する必要はないでしょう。
で、小倉弁護士は、前者の人たちと後者の人たちのどっちが多いと思っているのでしょうか？
小倉弁護士の印象操作を真に受ける人たちというのはどういう人たちなのでしょうか？
小倉弁護士は、そのような人たちの支持を受けてうれしいのでしょうか？
私としましては、まもなく裁判員制度が始まりますから、小倉弁護士が弁護士という肩書きで刑事司法について歪んだ情報や間違った情報を流すことがあれば、今後も遠慮無く訂正させていただこうと思っています。
その際は、第三者の批判に耐えるような意見を述べたいと思います。
小倉弁護士も、そのような姿勢で反論していただければ、まともな議論になるかも知れません。
あまり期待してませんけどね。
スーパーワイルドカードに気が着きました。
「これは小倉弁護士の見解なんです。そういえばわかるでしょ！」
小倉弁護士も矢部弁護士も、司法試験を通った弁護士なんでしょ。弁護士の権限拡張になんでこんなに否定的なん？
取調べの全面可視化にしろ、取調べの弁護士立会いにしろ、弁護士の権限拡張なんだから弁護士から見ていい話じゃん。
取調べの録画が信用できるかどうかってなら、取調べに弁護士が立会い、同時に録画機器の状態もその弁護士に調べさせりゃ済むことでしょ。何を悩む必要がある？
だいたい、外国じゃ取り調べの録画や弁護士の立会いが認められているところもあるんでしょ？日本でそれが出来ない理由って何？しかもそれを弁護士が主張するって何？
もしかして、俺って場違いのことカキコしてる？
ちょっと、ダンナ。
その手のアブナイ話なら、良いところがありマッセ。
チィーとばかり裏通りの分かりにくいトコですが、まぁ一度覗いて見てくだセェ。
店の場所はホレここ↓ですワ。
http://jbbs.livedoor.jp/bbs/read.cgi/news/3910/1236552287/
裏の営業ですからね、何でもアリの別世界でっセェ。
あぁ、一見アブナっかしぃ連中ばっか巣くってますが、大丈夫。
何せ大きな声じゃ言えねぇけど、常連客には現職のサツのダンナとか、霞ヶ関のエライ役人さんとか、オマケに人妻の女医さんまで居まっせ。
みんな素性の良い客ばっかりですワ。
まぁ騙されたと思って、裏口営業の方に行ってみなセェ。
場違いでは無いけれど、だいぶ周回が遅れているのと、印象操作に嵌っています。
（過去ログ読めとは書きませんけど）
外国のようにすれば良い等と思えば多いな間違いで問題も有る。
「取調べの録画を、日本の刑事システムに上手く導入する為の先廻りした検討をしよう」
という此処の論調を、反対論のように捻じ曲げているのが小倉弁○氏。
権限拡張=義務拡大＝経費拡大≠但し（現状でも）弁誤費用不足
なので、小倉べんごしのように10年以上刑事拒否なのも居るくらいで、刑事を引き受ける弁護士が足らないこともお忘れなく。
つい最近のだけでいいから、過去ログ読んでくれるかな。
刑事弁護をしない、従って刑事弁護の苦労や悩みを知らない小倉弁護士が刑事弁護士全体をバカにするような反対をしてますが、
私が司法取引（必ずしもアメリカ型に非ず）の導入に積極的なのは、それが弁護士の権限の拡張になるからなんです。
今までの土下座弁護からの脱却の切り札だと考えてるんですけどね。
＞もしかして、俺って場違いのことカキコしてる？
このエントリとしてはトピずれであることは間違いないと思われます（＾＾）
la_causette 19/06/2009 では、質問に回答は放置で、誘導尋問の定義論争に論点ずらしを図り、さらに発言趣旨を少しずつずらしていますね。
有耶無耶にして誤魔化すのも常套手段？
それで守れるものは自分自身の絶対視感だけと思えますが、他人からは裸の王様にしか見えない・・・
某所から
私も、新エントリに以下のようなコメントを送りました。
珍しく予測があったった。( ﾟДﾟ)ポカーン
1588 名前：ハスカップ ◆x96/19NkTU[sage] 投稿日：2009/06/15(月) 18:08:16 ID:9BEYklPo0
おそらく｢誘導尋問」の定義を小倉弁護士先生は知らないんでしょう（笑。
旧修習の前期や刑裁修習で習うはずですけどね。
http://jbbs.livedoor.jp/bbs/read.cgi/news/3910/1236552287/1588
誰が何に反対してると？↓
la_causette 20/06/2009 そこが反対の論拠の中心だったの？
久々の休暇で余裕で覗いたら、小倉べんごし先生は、御本尊以外に見ない意見に対し突撃ピエロ続行中。
野次馬には見物対象存続は歓迎ですが（優越感に浸れるし）
ここまでして続けるのは通常人の精神構造では困難なのでは？
これじゃ、昔、コメントスクラムに襲われた時に心的外傷を負ったのが要因なのではないかと心配してしまいます。
コメンツスクラムＰＴＳＤが出張放火の原因としたら、それはタダの八つ当たりでしょう。ジャイアンに袋にされたからってドラエモンにバカバカやっていいわけではないんだし。
出張放火の総反撃ズタボロＰＴＳＤで、反撃が来ないはずの藁人形攻撃したというのも、なんだかなーと思います。
論点ズラシ、スレ立て逃亡、明後日向いた勝利宣言……これは逃避反応でＰＴＳＤは憎悪（悪化方向で深化）するんで、これも心配です（マジ。
最良の治療法は↓
「ごめんなさい。私が間違っていました。」という認知療法。
小倉先生としては、モトケン先生説が
「司法取引導入を前提条件としてでない限り、取り調べ可視化には賛成できない」
という見解であるのか否かを確定した上で、もしそうであるなら批判する。という流れを予定していたようですね。
多分そういう意図なのだろうと思っていました。
ご自分の質問が誘導尋問にあたるかどうかとか、どうでもいいことに拘って横道に逸れてしまった印象です。
この調子だといつまでも議論が先に進みそうにないですが･･･
＞この調子だといつまでも議論が先に進みそうにないですが･･･
小倉弁護士に議論を先に進める意図などありません。
そもそも議論する意思がありません。
まだ、分かりませんか？
モトケンさんには、法案への賛否について粘り強く回答を求めていただきたいと思います。可視化への賛否と、法案への賛否の区別を明確にし続けるためにも。
ＫＴ さん、振り回されない為に詭弁を学んだほうが良いですよ。
ここの「つぶやき」から「小倉ヲチ」にもリンクが有りますが。
詭弁の特徴のガイドライン
そこからたどれる先も有り、受け売りでちょっと紹介すると。
小倉先生の「民主党案に無条件賛成」質問に対し、モトケンさんが「誘導」と指摘し、さらに小倉氏の見解を問質したのは「相手の言いたい事を勝手に推測せず」です。
小倉先生の（絡み指向の）エントリーは「詭弁の見本」とも。
＞ＫＴさん
わかりにくければ以下の補足説明を参照してください。
http://jbbs.livedoor.jp/bbs/read.cgi/news/3910/1236552287/1744-1746
「無意識」かどうかは疑問がありますが。
詭弁の不発だった方が作戦を強弁主体に転換した模様。
↓
取調べの可視化によって構築が難しくなる人間関係
その要素は（異論も有りうるけど、とりあえず）
１．例を「捜査官が詭弁、強弁を駆使」と設定。（根拠・実例不明）
２．その前提１．に対し「従前の供述調書は記録してこなかったのです」と非難（一般化）
３．その前提２．を基に「～みたいなことを行うことができます」と仮定を非難（藁人形）。
４．それを前提に「「信頼関係」が築き上げられなくなってしまうと恐れているわけです。 」と自ら関わったかのように（決めつけ）。
５．「同一視する人たちって，一定数いるようですし。 」と関連も根拠も不明の感想（印象操作）
強弁は論理を無視して相手を力ずくでねじ伏せようとするもので、論理は通せなくなってくるし詭弁とも重なる。
これらを論とは呼びたくありません。
＞詭弁の不発だった方が作戦を強弁主体に転換した模様。
このトピック（スレタイ）の実例を自ら積極的に証明して（秘密の暴露というガチ裏付け証拠）、小倉先生は、どこへ逝く？
なんだか、古いアメアニメのチキチキマシーン猛レースのブラック魔王とイメージが重なってきますね。
ライバルを（しかも一方的にそう思っているだけで、相手はライバルとも思っていない。苦笑）罠に嵌めるために、せっせと落とし穴を掘るんだけど、その落とし穴に必ず自分が嵌ってしまうという（笑い）。
＞なんだか、古いアメアニメのチキチキマシーン猛レースのブラック魔王とイメージが重なってきますね。
私は、自分がケンケン見たいに思えてきました。ワッヒッヒッヒと（爆。
＞私は、自分がケンケン見たいに思えてきました。ワッヒッヒッヒと（爆。
私は、ガンセキオープンを応援してますた。
落とし穴ならいいのですが、このままでは、氏の軽蔑する、うちの知事になってしまいます。
つまり「落とし所」が常識の範囲外。「落とし穴」が｢笑う所」でショーダウン。
ハスカップ さま。
オチどころが悪く（関西ではスベッタという。）常識の範囲をこえてしまった、絶句状況にて、違う穴へは、はよろしくないのでは。 これ以上は怖くて言えません。
＞違う穴へは、はよろしくないのでは。
滑って掘った墓穴へ…とは私も怖くて言え…(。_・☆＼ ベキバキ
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