Tochigi patricide case
The Tochigi patricide case (栃木実父殺し事件, Tochigi Jippugoroshi Jiken), or Aizawa patricide case,
Aizawa's controversial trial led to the repeal of
Background and murder
Born in
In 1968, Chiyo fell in love with a 22-year-old man, and her father became angry. He confined her and said that he would kill her three children. On October 5, 1968, she
Aizawa v. Japan
The penalty for
Her lawyer insisted that the murder was self-defense and that she had been insane because of the rapes. The Utsunomiya District Court considered article 200 unconstitutional and acquitted Aizawa because the crime originated via self-defense on May 29, 1969. However, the Tokyo High Court did not concur and sentenced her to three years and six months on May 12, 1970. In a final appeal, the Supreme Court of Japan accepted the argument that imposing a harsh penalty on Aizawa would violate the principle of human equality before the law found in the constitution.
The court ruled the article unconstitutional on April 4, 1973. Aizawa was found guilty of regular
Effect of her sentence
On April 19, 1973, the Japanese Ministry of Justice announced that Japanese murderers who had killed their parents could be individually granted amnesty. Article 200 of the penal code was abolished in 1995.[10]
See also
Further reading
- Hideo Tanaka and Malcolm D.H. Smith, The Japanese legal system: introductory cases and materials, 1976, University of Tokyo Press, Tokyo ISBN 0-86008-161-3
- Meryll Dean, Japanese Legal System, 2002, Cavendish Publishing, London ISBN 1-84314-322-4
- Tsukasa Sugiura, The scream that doesn't reach, 2019, Kindle, Japan Tokyo ASIN B07QJ7J8QK[11]
References
- Ashgate Publishing, Ltd. via Google Books. p. 283
- ^ Franklin, Daniel P.; Baun, Michael J. (1995). Political culture and constitutionalism: a comparative approach. M. E. Sharpe via Google Books. p. 114
- ^ Itoh, Hiroshi (1989), The Japanese Supreme Court: constitutional policies. Markus Wiener Publishers via Google Books. p. 195
- Kluwer Law International via Google Books. p. 178
- ^ a b c "1970(A)No.1310". Supreme Court of Japan. Retrieved June 24, 2008.
- ^ Satoh, Jun-ichi (2008). "Judicial Review in Japan: An Overview of the Case Law and an Examination of Trends in the Japanese Supreme Court's Constitutional Oversight" (PDF). Loyola of Los Angeles Law Review. 41 (2). Loyola Law School: 603–627. Retrieved August 28, 2011.
- ^ a b c 栃木実父殺し事件 (in Japanese). 無限回廊. Archived from the original on December 28, 2007. Retrieved December 27, 2007.
- Keio University SFC (in Japanese). Komazawa University. Archived from the original(PDF) on August 27, 2011. Retrieved August 28, 2011.
- ^ 矢板市・尊属殺人事件 (in Japanese). 事件史探求. Archived from the original on December 19, 2007. Retrieved December 27, 2007.
- ^ "The Japanese Constitution gets a provocative look". The Japan Times. July 8, 2001. Retrieved October 15, 2010.
- ^ The scream that doesn't reach: Day when severe punishment penalty for parent killing disappeared.