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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.
초록· 키워드
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This study, comparing the arrest and detention procedures of the United States and the United Kingdom, suggests some reform measures to the Korean criminal justice system. It is redundant to say that arrestees must be brought to trial judges and the legitimacy of the arrest should be carefully and thoroughly reviewed by the judiciary as quickly as possible. Moreover, the arrestees must be granted bail if some legal requirements are met. Korea revamped its bail system in 2007 by diversifying its existing bail program which was bail-bonds based. The bail rate in Korea, however, has been quite low contrary to its original expectation.
This paper analyzes and compares in detail the whole process of the arrest and detention system in the U. S. with the U. K. especially focusing on judicial review of arrest and its subsequent processes. Although the U. S. and the U. K. inherited the common law system, those two jurisdictions have developed quite different criminal procedures; while the U. S. has developed the so called constitutional criminal procedure focused on due process values in an attempt to solve the racial inequality in the criminal justice system, the U. K. has geared its system to the more crime-control oriented model.
Despite the differences, however, some common features are found between the two systems. First, those two jurisdictions allow a wide range of warrantless arrest. Second, arrestees are generally brought to magistrates in less than 36 hours. Third, the U. S. and the U. K. guarantee arrestees ample opportunity for bail in every stage of the investigative and trial stages. As a result, most of the arrestees in the two jurisdictions are released before or during trials. Fourth, the two countries especially the U. K. minimize the detention period before arrestees are formally charged, for example, in the U. K. is less than 96 hours. Based on this analysis, this paper suggests some reform measures to Korea, such as more liberalized arrest in misdemeanor cases and some bail reforms.
This paper analyzes and compares in detail the whole process of the arrest and detention system in the U. S. with the U. K. especially focusing on judicial review of arrest and its subsequent processes. Although the U. S. and the U. K. inherited the common law system, those two jurisdictions have developed quite different criminal procedures; while the U. S. has developed the so called constitutional criminal procedure focused on due process values in an attempt to solve the racial inequality in the criminal justice system, the U. K. has geared its system to the more crime-control oriented model.
Despite the differences, however, some common features are found between the two systems. First, those two jurisdictions allow a wide range of warrantless arrest. Second, arrestees are generally brought to magistrates in less than 36 hours. Third, the U. S. and the U. K. guarantee arrestees ample opportunity for bail in every stage of the investigative and trial stages. As a result, most of the arrestees in the two jurisdictions are released before or during trials. Fourth, the two countries especially the U. K. minimize the detention period before arrestees are formally charged, for example, in the U. K. is less than 96 hours. Based on this analysis, this paper suggests some reform measures to Korea, such as more liberalized arrest in misdemeanor cases and some bail reforms.
목차
Ⅰ. 서론
Ⅱ. 미국의 체포·구금제도
Ⅲ. 영국의 체포·구금제도
Ⅳ. 우리나라에의 시사점
Ⅴ. 결론
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UCI(KEPA) : I410-ECN-0101-2013-360-000847281