The admissibility of evidence collected through forensic interviews with child victims in the U.S. and Japan

author Yuto Yokoyama
journal RIDP Libri (ISSN: )
volume 2024
issue Victim-Centred Criminal Justice
section Part 3: Trial and reparation phase
publicatie datum 20 septembre 2024
langue English
pagina 159
abstract

In recent years, many jurisdictions have integrated forensic interview methods into their criminal justice systems to gain accurate information on cases, especially from child victims. However, the admissibility of statements obtained through forensic interviews still needs to be fully explored. Then, this chapter focuses on their admissibility, particularly in the context of the rules of evidence concerning expert evidence. In the United States of America (U.S.), the Daubert decision has shaped the legal framework for assessing the reliability of expert evidence, providing a foundation for scholarly and legal debate. This chapter refines the Daubert standard to make it appropriate for determining the admissibility of forensic interview evidence. Based on this standard, it then examines the admissibility in the U.S. and Japan. Forensic interview evidence basically seems to be admissible in the U.S. In comparison, there are several challenges in Japan. This chapter proposes two recommendations aimed at enhancing the admitting of forensic interview statements in Japan.