Research on status of psychiatric expert testimony in Lay Judge System in Japan

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Since the enforcement of the lay judge system, there has been a sharp increase in the number of cases of carrying out forensic psychiatric evaluation. Almost all cases that involved examination of a psychiatric expert witness in the courtroom implemented conferences between the expert and lawyers and a presentation by the expert. The author proposed 8 step structure to reflect on the criminal responsibility decision-making process. The 8 steps are: (1) gathering of information relating to mental function and condition, (2) recognition of mental function and condition, (3) psychiatric diagnosis, (4) description of relationship between his/her mental condition or psychopathology and the index offense, (5) focus on capacities of differentiation between right and wrong and behavior control, (6) specification of the elements of cognitive/volitional prong in legal context, (7) legal evaluation of degree of cognitive/volitional prong, and (8) final interpretation of CR as a legal conclusion.