著者

根本 治子

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.43, no.2, pp.39-51, 2007

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Although the environment of care should be improved by laws, such as 'Pflegeversicherung' and 'Low of Prevention of Elder-Abuse,' murder cases relating to care, on the contrary, have been increasing all over the entire country. The examination of these murder cases shows that there would have been a bighpossibility to have prevented them if the medical staff and the welfare staff had cooperated closely with each other. The role of 'the special member,' who supports care, is very important from the point of view that his/her judgment is deeply concerned with the life of the family who cares for older family members. And the role of the family is also important at the place of medical treatment and welfare. The family itself should realize that the subject of care is a family member, and more attention should be paid on how medical treatment and welfare can support the family. On the other hand, in many trials, the public prosecutor and the lawyer argueonly about what kind of sentence should be given to the defendant, without investigating the background and the true nature of the incident: why the family caretaker has committed homicide. This paper examines the importance of cooperation at the actual care site between the persons concerned in the field of medical treatment and welfare, and the Administration of Justice, focusing on the trial of the murder case which is relating to care, where the writer has attended.