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전통적 형벌에 대한 대안적 제재의 근거와 형사정책적 문제점 소고 KCI 등재

A study on the Alternatives to Incarceration and Perspective of Intermediate Sanctions

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矯正硏究 (교정연구)
한국교정학회 (Korean Society For Correction Service)
초록

The term corrections is almost idendified with punishing. Especially the term is relatively new. Prior to the 1950s, the term penal system and penology were largely commented. These term usually pointed out the punishment focus placed on those convicted of crimes. It was not until 1954 that the American Prison Association changed its name to the American Correctional Association, what reflected a basic shift in the philosophy of correcting deviant and lawbreaker. In the historical overview of corrections and the criminal justice system, society has dealt with lawbreakers in a multitude of ways and has emphasized different goals and diverse methods to accomplish those goals. On those ways, we cannot overestimate the virtue of consciousness of sin and criminal`s will of reintegrating itself into the lawabiding society. The punishment and the intermediate sanctions should be proactive and focused on the needs of criminals and society itself. Crimianl should and can be changed to go back into the stream of society through awakening the consciousness of criminal culpability of convicted and inspiring wilfulness of being lawabiding citizens. The most appropriate way of corrections is based upon theoretical consideration, how society view criminals, how society treat criminals.

목차
전통적 형벌에 대한 대안적 제재의 근거와 형사정책적 문제점 소고
  Ⅰ. 행형과 책임이론
  Ⅱ. 행형요소로서 책임의 기능
  Ⅲ. 대안적 제재(Alternatives to Incarceration)의 이념적 기원
  Ⅳ. 대안적 제재와 책임의식관련성 및 책임성찰관련성
  ABSTRACT
저자
  • 조준현(성신여자대학교 법학과) | Cho Jun Hyon
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