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.
초록· 키워드
오류제보하기
Victim Impact Statement(VIS) is a basic right guaranteed by the Constitution (Article 27 Section 5) which aims to provide such victim an opportunity to reflect his or her interest or opinion into the criminal process. As an implementing statute of such right, the Criminal Procedure Law (Section 294-2) sets forth the victims'right to make a statement and such right may be exercised in the course of witness examination process.
However, some problems arise: the VIS constitutionally protected is exercised in the way of witness examination; there is a room of infringing on such victim's right because the right to make a statement may be restricted if the victim sufficiently make his or her statement during the witness examination; and, it may be necessary to limit the scope of statement because the victim's statement may negatively influence on the sentencing.
In this paper, in order to comply with the purpose of the system of VIS, I make a point and suggest some ways to alleviate those problems mentioned above that:the victim's right to make a statement is a basic right and, thus, its scope should not restricted; and the victim's statement may be made in the closing argument in order to prevent it from influencing on sentencing. Moreover, I think that, in order to handle with the cases where a victim is not satisfied with a sentence, it is necessary to take into account of adopting a system where a victim can participate in the sentencing process more aggressively.
목차
등록된 정보가 없습니다.
참고문헌 (29)
참고문헌 신청
/ / http://new.vawnet.org/Assoc_Files_VAWnet/RapeShield.pdf
Alice Koskela / 1997 / Victim's Rights Amendments: An Irresistible Political Force Transforms the Criminal Justice System / Idaho Law Review
Edna Erez / 1998 / 量手?への被害 者の參加,量刑の結果そして 被害者福祉, In 犯罪被害者と刑事司法 / 成文堂
Edna Erez / 2004 / Victim Voice Statements and Sentencing : Intergrating Restorative Justice and Therapeutic Jurisprudence Principles in Adversarial Proceedings / Crim. Law
Garner, Bryan, A. / 1999 / Black's Law Dictionary / West group
Edna Erez / 1998 / 量手?への被害 者の參加,量刑の結果そして 被害者福祉, In 犯罪被害者と刑事司法 / 成文堂
Edna Erez / 2004 / Victim Voice Statements and Sentencing : Intergrating Restorative Justice and Therapeutic Jurisprudence Principles in Adversarial Proceedings / Crim. Law
Garner, Bryan, A. / 1999 / Black's Law Dictionary / West group
이 논문의 저자 정보
최근 본 자료
댓글(0)
0