지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
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This study is to introduce pretrial services system in U.S.A. and suggest an outline for the introduction of the system. Pretrial services system can be valuable resource for making significant improvements in the criminal justice system because it is used in the early stages of the criminal case process. Unnecessary detention before trial not only results in unnecessary jail costs, it also deprives defendants of their liberty. Therefore decisions about detaining or releasing defendants should balance the benefits of release and the risk of flight or threat to public safety.
In 1961, the first pretrial services program in U.S.A., the Manhattan Bail Project, was established in New York City. Its purpose was to assist judges in making release decisions that were more consistent and less dependent on release through financial means. In subsequent years, hundreds of pretrial services programs have been established in rural, suburban, and urban jurisdictions, finding homes in probation departments, court offices, and local jails and as independent county contractors. All 94 districts in the Federal court system and more than 300 localities now operate pretrial services programs, which use a whether to release or detain defendants pending further legal proceedings.
Pretrial services officers in U.S.A. are situated at a crucial place in the federal criminal justice process - the very start. In fact, officers often are the first court representatives defendants encounter after their arrest. In general, officers' mission is to investigate defendants charged with a federal crime, recommend in a report to the court whether to release or detain the defendants, and supervise the defendants who are released to the community while they await their day in court.
At the core of the day-to-day work of officers is the hallowed principle of criminal law that the defendant is presumed innocent until proven guilty. Officers must balance this presumption with the reality that some persons - if not detained before their trial - are likely to flee or to threaten others. Defendant may pose danger to a person, such as a victim or a witness, or to the community - that is, a threat that the defendant may engage in criminal activity. The officer's job is to identify persons who are likely to fail to appear or be arrested if released, to recommend restrictive conditions that would reasonably assure the defendant's appearance in court and the safety of community, and to recommend detention when no such conditions exist. If the person does not pose such risk, the officer's mandate is to recommend to the court the least restrictive conditions that will reasonably assure that the person appears in court and poses no danger.
Pretrial services officers in U.S.A. deliver services that benefit the court, the community, and the defendant. Their responsibilities require them to work not only with judges, magistrate judges, and other court professionals, but with U.S.A. attorneys, defence attorneys, state and local law enforcement agents, and treatment providers.
In order to realize the idea of diversion and the object of probation completely, it is inevitable to introduce pretrial services system into korean criminal justice system.
In 1961, the first pretrial services program in U.S.A., the Manhattan Bail Project, was established in New York City. Its purpose was to assist judges in making release decisions that were more consistent and less dependent on release through financial means. In subsequent years, hundreds of pretrial services programs have been established in rural, suburban, and urban jurisdictions, finding homes in probation departments, court offices, and local jails and as independent county contractors. All 94 districts in the Federal court system and more than 300 localities now operate pretrial services programs, which use a whether to release or detain defendants pending further legal proceedings.
Pretrial services officers in U.S.A. are situated at a crucial place in the federal criminal justice process - the very start. In fact, officers often are the first court representatives defendants encounter after their arrest. In general, officers' mission is to investigate defendants charged with a federal crime, recommend in a report to the court whether to release or detain the defendants, and supervise the defendants who are released to the community while they await their day in court.
At the core of the day-to-day work of officers is the hallowed principle of criminal law that the defendant is presumed innocent until proven guilty. Officers must balance this presumption with the reality that some persons - if not detained before their trial - are likely to flee or to threaten others. Defendant may pose danger to a person, such as a victim or a witness, or to the community - that is, a threat that the defendant may engage in criminal activity. The officer's job is to identify persons who are likely to fail to appear or be arrested if released, to recommend restrictive conditions that would reasonably assure the defendant's appearance in court and the safety of community, and to recommend detention when no such conditions exist. If the person does not pose such risk, the officer's mandate is to recommend to the court the least restrictive conditions that will reasonably assure that the person appears in court and poses no danger.
Pretrial services officers in U.S.A. deliver services that benefit the court, the community, and the defendant. Their responsibilities require them to work not only with judges, magistrate judges, and other court professionals, but with U.S.A. attorneys, defence attorneys, state and local law enforcement agents, and treatment providers.
In order to realize the idea of diversion and the object of probation completely, it is inevitable to introduce pretrial services system into korean criminal justice system.
목차
Ⅰ. 시작하는 말
Ⅱ. 재판전서비스제도의 의의와 연혁
Ⅲ. 재판전서비스제도의 내용
Ⅳ. 운영실태
Ⅴ. 맺는 말
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UCI(KEPA) : I410-ECN-0101-2012-364-003968705