This thesis deals with some problems on the revision of current The Penal Execution Act. By the draft for revision, made public by the ministry of justice, the purpose of revision-draft comprises some principles of prohibition of illegitimate discrimination of prisoners, strengthening the right of presumption of innocence of the convicted, rationalization and individualization of the correctional programs, widening the chances of consulting with relating professionals about the prison administration especially corrections, classification and assignment of facilities in our national penitentiaries' system, recommendation of some high tech security equipment. To the public, corrections are generally understood that the purpose of corrections is to carry out the sentence of the court, with various correctional components handling specific types of sentences. Some components are devoted to providing pretrial services for those entering the criminal justice system. Other components, such as jails, handle individuals of both pre-and post conviction status. The majority of correctional components deal with persons who have appeared before the court and have been found guilty of one or more crimes. Corrections refers to the programs, services, agencies, institutions responsible for supervising persons charged with or convicted of crimes. A paradigm is a model or a way of viewing an aspect of life such as education, politics, medicin, the criminal system. A paradigm shift can make a new way of thinking about a given subject, corrections. Recently paradigm shift recommended for corrections include doing justice, promoting secure communities, restoring crime victims and noncriminal options. Finally, we come to the conclusion that revision of the Penal Execution Act seeks to use a balanced approach involving offenders, victims, local communities and government in alleviating crime and violence and peaceful communities.
The criminal justice system is a general term, which means the national organization and system which take charge of investigation of criminal offense, institution of public prosecution, sustainment of public prosecution, trial process, enforcement of the adjudication and enforcement of the punishment. That is the system and function of the police, the prosecutory function, the court and the correction. Generally speaking, the main object of criminal justice organization is the social protection, social defense from the criminal. Also it plays a role not only the social defense but also the ultimate object of criminal actions for criminals' resocialization. Conclusively, the main function of criminal justice system is the criminal protection, punishment and criminals' resocialization. On the premise that, by comparing China and Japan in a similar cultural area, this treatise explores ways toward better Korean criminal justice system.
This paper introduces the system of England in terms of the accountability of prison. Since the prison riot arose in 1990, England has started the reformation of prison in a human and rational way. In regard to the reformation of prison, this paper examines necessity of the accountability of prison, prison management and policy evaluation method, activity of prison inspectorate for transparency of prison administration, activity and limitation of boards of visitors (independent monitoring board), an appeal of dissatisfaction, the third-party agency, and the system of coroner. I write this paper in the hope that these reformations will be operated in Korea. I also look forward to meeting modernization, legislation and internationalization of prison in Korea.
The purposes of this study are to analyze economic effect of prison labor on free market economy and to suggest ways for more effective prison labor industry. The impact of prison labor on non-prison labor has been debated over the years. Proponents have touted the social benefits of decreased net cost of prisons, improved behavior in prison, the potential for low recidivism, and rehabilitation through development of work and social skills. Opponents of prison labor from the beginning have pointed out the private costs of lost jobs and lost sales of industries outside the prison. Although it is very difficult to measure and compare quantitatively benefits and costs of prison labor, there is inverse relationship between prison labor and recidivism rates. According to Federal Bureau of Justice, inmates involved in prison labor has better chance to be employed and to receive higher wage. In addition, the revenue from prison work can pay for the costs of housing them in prison and prison labor leads to increased production of goods and services that can help in developing regional economy. In spite of the advantages of prison labor, it is argued that prisoners work is exploitative and it will displace civilian business and labor. These concerns put in place as the size and scope of prison labor expands and motivate legislative efforts in restricting prison labor. To improve quality of prison labor, the Bureau of Prisons needs to allow more private companies to employ prisoners at reasonable wage and to cultivate useful skills. Moreover, the operation body and methods of correctional work program should be reformed and specialized. It is recommended to consider establishment of special organization that concentrates in operating prison labor industry. Finally, it is suggested to benefits of prison labor should be measured and publicized to ensure quality of correctional work program.
A minor of juvenile criminals will be accept judical review of judical officer against probable cause and reliability in all the circumstances. First Offender Program, Pre-trial Intervention, Adjustment Service and so on a form of the variety be in force an operation in particular a State or County. An introduction of the Final Warning Scheme must be enforced at any cost a link in a settle on a plan of guidance or the prevention of a second offense an instance in The United Kingdom. Due to the overflowing cases, procedures became so simplified that the rights of defendant are not being fully guaranteed and so on in korean criminal justice. The criminal behavior and the Justice system shall enjoy the right to a speedy and public trial after indictment. If is the right an occasion infringement, dismissal the prosecution. The minor crimes of minor juvenile criminals can be filtered out at the beginning stage of criminal procedure and offender without being branded as a criminal can have a better chance to return to society. The criminal justice system which takes rigidity of procedure to protect the defendant's rights can be established. The review of prosecutor's decision to charge will be due to competent evidence. The prediction of criminal behaviour recent developments in research and policy based on the proposition and the criminal behavior and the justice system or psychological perspectives. The selective incarceration, a probation, a parole and diversion and so on make an attempt in a step of the correction and The strategic patrol or the problem oriented policing or and so on the state for the prevention of crime in the intervention of a various kinds. It is not at all responsible certainly reflect the dark side. Yet, it is necessary for, The minor juvenile is necessary for ones own hand by advocating or condemning it in accordance with his conscience, rather than trying to evade it. and so on true positive, true negative, false negative, false positive. A study suggests that in order to solve the problem of the minor offenses should be sorted out and treated promptly by a separate simple procedure. So much surely an attempt for a rehabilitation and an efficient treatment presupposes a prediction of the criminal.
Japan's prisons were run according to the Prison Law of 1908, the product of an age in which the Emperor was sovereign, and the administrative directives whose primary intent was disciplinary. in 1982, the japanese government embarked upon a process of revising the Prison Law according to a self-declared policy of "codification, modernization and internationalization," A Penal Facility Bill was submitted to the national Diet(parliament). But this bill was entirely unacceptable because not only does it perpetuate the present rules and policies presently in force in prisons but has been presented as a package with a Police Detention Facility Bill which perpetuates the infamous Daiyo-kangoku, that is police station cells used as substitute prisons. The Japan Federation of Bar Associations(JFBA) had strongly opposed the two detention facility bills on the ground that they institutionalize the already prevailing order in Japan's penal institutions, and they are not in keeping with principles of codification, modernization and internationalization. Thus far, the legislation package had been presented unsuccessfully three times to the Diet. After the Nagoya-Prison case in 2003 the Ministry of Justice has been working to revise the Prison Law and submitted a bill on criminal institutes and the treatment of convicted inmates, which was designed to replace a part of the Prison Law, to the Diet on March 14, 2005. And the Bill finally cleared the Upper House on May 18, 2005. This act excluded the provisions pertaining to unconvicted inmates as the JFBA had been strongly urged. In addition, recommendations by the Administrative Reform Council were well reflected in the bill, even though there were several points remained to be improved. And during the deliberation in the Lower House, 4 items were modified, including that the new law should be reviewed in 5 years. With respect to the provisions of the Prison Law relating to unconvicted inmates including use of Daiyo-Kangoku, they remain as a law on the detention of crime suspects in criminal institutes until they are revised at next legislation. In this regard, the JFBA, the Ministry of Justice, and the National Police Agency are going to hold joint meetings.
The purpose of this study is to investigate of the importance of empathy in Corrective Counseling. This study referred to the importance of empathy in Corrective Counseling by clarifying the fact that Juvenile Delinquency is related to Narcissistic Personality Disorder, which originates from the absence of appropriate caring empathy. Narcissistic Personality Disorder is highly correlated to aggression, which can be displayed as juvenile delinquency in adolescents with Narcissistic Personality disorder. Juvenile delinquents commit misconducts as an attempt to compensate their weak and fragile narcissistic personality structure. Juvenile delinquency is an alternative way to overcompensate juvenile delinquents’s lower self-esteem and to recover their damaged self-structure. From the perspective of Kohut’s self-psychology, juvenile delinquents have narcissistic personality disorder with fragile self-structure which is originated from the absence of an appropriate child-rearing. Therefore, during the counseling sessions, the therapist is needed to be a selfobject to strengthen juvenile delinquent’s self-structure. Thus, when the therapist implements corrective counseling for juvenile delinquents, therapists’ empathy is an important element as a selfobject for the client. As a result, this study suggests that it is necessary to actively utilize empathy in corrective counseling for juvenile delinquents. In addition, there is need to develop the program of utilizing empathy for corrective counselor and train corrective counselors to be more empathic to juvenile delinquents.
Prison population has heavily increased therefore prison overcrowding is the serious issues and tasks to our correctional authorities. The goal of correction is re-socialization of inmate. Therefore all the conditions are fulfilled in order to achievement this goal of correction and correction development. But under the prison overcrowding the energy of correction administration is given rather than correctional treatment for inmates for the purpose of guaranteeing prison safety of public order. Prisons must be place where decency and human rights are guaranteed for inmates. Prison overcrowding is the infringement upon the fundamental rights of inmates. Therefore these prison overcrowding issues and tasks should be solved as soon as possible. The goal of this study was to research the best and most efficient and rational plan or countermeasures solving prison overcrowding problem in out country namely to the minimization the imprisonment. Finally the critical cause of the prison overcrowding can be found in overcountermeasure by all the criminal justice system and I emphasize that the issues and tasks of overcrowding of korea will be solved when all the criminal justice system namely police, a public prosecutor, judge correction staff treat offenders in view of criminal policy.