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
In criminal trials, a conflict has been found in fact finding, statutory interpretation and criminal procedure. Among them, the most controversial issue is fact finding. Since whether or not the evidence presented in court is true and reliable is examined by a human, some cases are too hard to determine. In particular, it is extremely sensitive and difficult to judge whose contention is right especially in rape cases where both the accused and the accuser insist that they are the victim of this incident. Since their testimony is critical in rape cases, however, it is hard to figure out if it is true and real.
Due to recent dramatic advance in science and technology, the admissibility of physical evidence has significantly increased. Even so, concerned parties’ testimonies are still very important in criminal trials. To enhance the reliability of facts and review a conviction on the case in a scientific manner, it is a good idea to accept the latest theory of scientific psychology. In addition, the judiciary needs to further develop their competence to analyze a case based on the scientific way of thinking. After all, fact finding should be done based on the rules of scientific and objective perception. In many criminal cases, it could urgent to admit social protection and human rights protection, which is essential to make rational and reliable fact-finding decisions.
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