Study on the Cross-Examination of Witnesses by Closed Circuit Television

Abstract

Japan introduced a protective measure for witnesses including victims to testify by closed circuit television through the amendment to the Code of Criminal Procedure in May 2000 to alleviate their psychological burden during testimony at trial. Its scope was expanded in June 2016 and is under consideration by one of the subcommittees of the Legislative Council of the Ministry of Justice for additional expansion at this writing in January 2023. Criminal defendants, on the other hand, have the right to examine all witnesses. There are discussions on whether the right is constitutionally affected by using closed circuit television. The Supreme Court of Japan ruled the then-provision constitutional in 2005 but it is necessary to carefully examine the meaning of “face-to-face confrontation” during testimony and the need to restrict the right. Therefore, this article considers what should be taken into account to allow witnesses to testify through closed circuit television with reference to Crawford v. Washington judged by the Supreme Court of the United States in 2004, which put great value on “face-to-face confrontation” in relation to the similar right as the Japanese one, and the subsequent discussions in the United States.