Selection system for forensic expert witness and their qualification in Japan.
The origin of modern Japanese criminal procedure can be traced back to 1880, when the Code of Criminal Procedure saying that the judge can summon an expert to make an expert opinion was enacted. Broadly speaking, this procedure derived from continental law. After the end of World War II, some Anglo-American approaches were fused with the former continental system. Ex-officio examination of evidence by the court was abolished and the system of cross-examination by the parties was adopted. However, the system of 'expert opinion' did not change basically. Now-a-days, we have two experts; expert and expert witness. When the judge asked 'expert opinion' to expert, he is an expert. However, when either of parties asked, then he is called 'expert witness'. Usually, expert witnesses are selected from professors or associate professors of universities. But accepting expert witness is not estimated for promotion in Japanese Medical College, so sometimes to select expert witness is difficult. Then, justice began to educate medical doctors to receive expert witness and has asked to medical society to offer the list of adequate expert witnesses, and also our society cooperates with this. Japanese Society of Legal Medicine instituted the medical speciality certification system, which includes such specialities as inspection of corpses and legal medicine that focuses on forensic practice. This means that our society certifies those who having diploma of legal medicine as expert witness.
Matoba
Ryoji
R
Department of Legal Medicine, Graduate School of Medicine Osaka University, 2-2 Yamadaoka, Suita, Osaka 565-0871, Japan. matoba@legal.med.osaka-u.ac.jp
D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005554:Forensic Medicine / Q000331:legislation & jurisprudence*; D006801:Humans; D007564:Japan; D007603:Jurisprudence