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.
논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2004.12
- 수록면
- 11 - 139 (130page)
이용수
초록· 키워드
오류제보하기
The verbal statement of a suspect has to be written down by police officers or prosecutors in every interrogation to be admissible as evidence in court. It is ruled by section 312 of the Korean Criminal Procedure Law.
The process of making document-style evidence is a useful strategy for police officers to offer more detailed evidence so as to prove that a criminal acted wilfully. It also provides opportunity for the suspects to escape from any suspicion by suggesting affirmative evidences to prove their innocence. It is very important that detectives have to report all the suspects' statement to the court as genuinely and undistorted as possible without infringing human rights.
Visual recording of interrogation has been introduced into the criminal justice system in USA, UK, Germany and Australia to make verbal evidence more credible. Advanced scientific technology has contributed to the development of legal services. For example, the UK started audio recordings of interviews in 1988, and of visual recordings in 2001. Korean police needs to make similar use of high tech facilities such as video recording in criminal investigation system.
This research focuses on supporting reasons to adopt visual recording in the police interrogation on the basis of questionnaire to detectives, and suspects who were interviewer or interviewee in an interrogation just before.
The results showed that making visual recordings of interrogations was not accepted by all the police officers that were interviewed. Only 46.2% of detectives were willing to use visual recording during interrogation compared to 44.2% who were unwilling to do so. More suspects replied that they would not have agreed to have their interrogation recorded by visual systems. The current written statements were seen to have some advantages such as to keep objective documents (38.3%) and to point out criminal behaviour and illegality (37.3%). The negative attitude among police officers upon video recording of the interrogation was the same as in UK when tape recording was introduced at first stage. However visual recording has too many advantages to set aside from the formal criminal procedure. 38.5% of police officers wanted to have a new system to keep verbal evidences more credible in court.
Three recommendations emerge as a result of this research.
First, Criminal Procedure Law and the related acts or subordinate statutes must be amended so as to allow visual recording during interrogation. Few visual records of suspects are admissible in court because of the hearsay rule. Second, interviewing rooms should be so well equipped that detectives and suspects can talk each other without any hindrance. Many of those interviewed said that many police officers and other interviewees could hear interviewing that was taking place in adjacent rooms or seats. Third, detectives need to be trained to deal with criminal cases more efficiently, and visual recording system should be familiar to everybody to put them at ease them when involved.
One thing to be remembered is the need to be very accurate and careful when recording interrogations on videotape because it signals a major change in the criminal procedure. I hope that the Korean criminal system is willing to move ahead with the introduction of the visual recording of interrogations.
The process of making document-style evidence is a useful strategy for police officers to offer more detailed evidence so as to prove that a criminal acted wilfully. It also provides opportunity for the suspects to escape from any suspicion by suggesting affirmative evidences to prove their innocence. It is very important that detectives have to report all the suspects' statement to the court as genuinely and undistorted as possible without infringing human rights.
Visual recording of interrogation has been introduced into the criminal justice system in USA, UK, Germany and Australia to make verbal evidence more credible. Advanced scientific technology has contributed to the development of legal services. For example, the UK started audio recordings of interviews in 1988, and of visual recordings in 2001. Korean police needs to make similar use of high tech facilities such as video recording in criminal investigation system.
This research focuses on supporting reasons to adopt visual recording in the police interrogation on the basis of questionnaire to detectives, and suspects who were interviewer or interviewee in an interrogation just before.
The results showed that making visual recordings of interrogations was not accepted by all the police officers that were interviewed. Only 46.2% of detectives were willing to use visual recording during interrogation compared to 44.2% who were unwilling to do so. More suspects replied that they would not have agreed to have their interrogation recorded by visual systems. The current written statements were seen to have some advantages such as to keep objective documents (38.3%) and to point out criminal behaviour and illegality (37.3%). The negative attitude among police officers upon video recording of the interrogation was the same as in UK when tape recording was introduced at first stage. However visual recording has too many advantages to set aside from the formal criminal procedure. 38.5% of police officers wanted to have a new system to keep verbal evidences more credible in court.
Three recommendations emerge as a result of this research.
First, Criminal Procedure Law and the related acts or subordinate statutes must be amended so as to allow visual recording during interrogation. Few visual records of suspects are admissible in court because of the hearsay rule. Second, interviewing rooms should be so well equipped that detectives and suspects can talk each other without any hindrance. Many of those interviewed said that many police officers and other interviewees could hear interviewing that was taking place in adjacent rooms or seats. Third, detectives need to be trained to deal with criminal cases more efficiently, and visual recording system should be familiar to everybody to put them at ease them when involved.
One thing to be remembered is the need to be very accurate and careful when recording interrogations on videotape because it signals a major change in the criminal procedure. I hope that the Korean criminal system is willing to move ahead with the introduction of the visual recording of interrogations.
목차
국문요약
제1장 서론
제2장 사법경찰관리 작성 피의자신문조서
제3장 진술 녹화의 수사상 활용과 외국의 사례
제4장 피의자신문 녹화에 대한 태도 조사
제5장 결론
참고문헌
영문요약
부록
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UCI(KEPA) : I410-ECN-0101-2012-364-003834693