Traditionally the availability of probation should be an alternative to incarceration, its innovation is more widely spread in the world. The founder of the probation, Boston's John Augustus, was concernd about drunks being put in jail to dry out. He felt they needed help, so he took them into his home as an compassionate act. Since his successful supervision and recommanding reformation of corrections, probation has become the most commonly alternative in America and other countries. The presentence investigation report considered by probation officer and state statutes help guide the court in determining whether an offender is a suitable candidate for probation. Of course to those convicted of murder, sex crimes, other serious assaults and those with a serious criminal record, probation must not be granted. Perhaps probation is most commonly granted to first-time offenders, property offenders, low-risk offenders, non violent offenders and probation involves minimal levels of supervision and restriction. Model probation should purpose to help low-risk offenders maintain law-abiding behaviour, Sometimes some courts emphasize treatment oriented conditions, others more punitive conditions. One common condition for all probationers is to obey the law. Other conditions are, for example, cooperating with a program of supervision, meeting family responsibilities, maintaining steady employment or engaging or refraining from engaging in a specific employment or occupation, pursuing prescribed educational or vocational training, maintaining residence in a prescribed area or in a special facility established for or available to persons on probation, refraining from consorting with certain types of people or frequenting certain types of places etc. To attain successful probation, many officers' caseloads should not be so massive, people who receive standard probation should undergo periodic or random testing for probability of future crime or future delinquent behaviour. Probation is one of the correctional options, whose goal is to control crimes and delinquent behaviour. To achieve this goal depends almost all upon mitigating the heavy caseloads of most probation officers and furthering the ability of probation officers to closely monitor and supervise those probationers.
Almost 20 years or more than 10 years have passed, Since Korea has received community service order into the juvenile justice system in 1988 and into the adult justice system in 1995. In this paper, the community service order system and practices during last 20 years are analysed and new directions of community service order in Korea are pursued. Recently Korean ministry of justice have started the missions to expand the scope of community service order and to diversify it. In this paper, the missions of the ministry of justice are also evaluated.
With these purpose the contents of this paper is as follows;
II. The realities of community service oder in Korea
1. The provisions on community service order in the statutes
2. The practices of community service order
III. The community service order as an alternative to detention at a workhouse
1. The fine system and the detention at a workhouse
2. The realities of the detention at a workhouse and its' problems
3. The plan of the ministry of justice
4. evaluation of the plan
IV. The community service order as a independent disposition
2. The draft of the revised Juvenile Act 2007
V. Diversifying the community service order as a criminal sanction
1. The possibility of coexistence of probation order and community service order
2. The community service order as a condition of a suspended sentence
3. The community service order as a condition of parole
4. The community service order as a condition of a suspended prosecution
Electronic Monitoring is a new concept that machine surveils a human being, and is resulted from the development of a mobile communication technology. In recent years, the Electronic Monitoring has been highlighted as a criminal sanction due to overcrowded correction houses and increase of economic expenses to maintain correction facilities.
The electronic monitoring system has been discussed to overcome the problems mentioned above and the National Assembly has eventually legislated the "Act of GPS Monitoring against Specific Sexual Offenders" in April, 2007. The paper discusses foreign legislations, and some legal issues on the violation of human rights, realization of correction ideology and appropriation of the Act and so on.
One of the most significant legal issues regarding the electronic monitoring system is as to whether or not the system violates human rights, particularly rights to privacy. The electronic monitoring seems to interfere with rights to privacy under the constitution by allowing access to details of the private lives of those on probation or parole. However, our society has a compelling interest in protecting innocent citizens, and people convicted of crimes have a diminished expectation of privacy. Furthermore, probationers have received the benefit of not being incarcerated in exchange for some their constitutional rights, including the right to privacy. On the balance, the Act likely falls within constitutional boundaries.
In sum, the Act will play a pivotal role to enhance the efficiency of correction administration and to realize the correction ideology.
수형자들의 교도소 내 생활 적응을 파악하는 일은 교정행정이 가져야하는 큰 관심사이다. 이런 관심이 무시된 교정행정이 수형자들의 재사회화를 위한 결실을 맺기 어렵다. 이런 목적에서 실시된 연구를 위해서 강원도 소재 C 교도소 수형자 159명을 대상으로 실시하였다. 연구에 포함된 변인들은 교도소 입소 시적응, 적응에 필요한 시간, 적응을 어렵게 한 이유들, 만기 출소에 따른 걱정 등이 포함되었다. 분석결과 수형자들이 적응을 위해서 필요로 하는 기간은 대체로 9개월 정도였다. 수형자들이 현재 교도소 생활에 잘 적응 하고 있도록 하는 것은 출소 후 사회생활을 잘 해야 한다는 신념을 갖는 경우이다. 그리고 적응에서 문제로 교도소 수칙준수와 미래에 대한 불안감이 쉽게 연상되지만, 수형자 간의 대인관계로 빚어지는 갈등은 새로 찾은 관심사이다. 또한 전과자라는 부정적 낙인으로 걱정을 하는 것이 적응에 영향을 미치고 있다. 결론적으로 교정행정이 관심을 가져야 하는 부분은 수형자간에 빚어지는 대인관계 갈등 그리고 전과자라는 낙인으로부터 발생되는 부정적 신념이다.
This study treats the Prisoners’ Rights(Work Release) to contact with the outside World of the Prisoners. In other words, the purpose of this study is to indicate the Prisoners' Fundamental Rights in the constitution and the difficulty of interpreting the law about Prisoners' Rights. The study on Guaranteeing the Constitutional Rights of Prisoners discusses many topics and problems treated by many countries' laws and rulings, pertinent to Prisoners' Rights and those limit, especially in the light of history in the Germany, in the Japan and in the United States. Throughout the history of corrections of that country, Prisoners' Rights had comparatively few rights, and sametime, it is frequently seen by the public as unnecessary expenses and luxuries to discussing the Inmate Rights. Maybe the court's reluctance to interfere with prison management stemmed from the belief that such intrusions would only make the administration of correctional facilities more difficult to correct effectively. Prisoners Rights are major problems with present criminal policy. Therefore, Prisoners' Rights must be protected to the utmost. Since the end of the Second World War, criminal policy of the international community, centering around the United Nations, has had an influence on Korea, leading to the latest revision of the country's Prison Act. The Prison Act must stipulate to what degree a Prisoner's Rights may be restricted as well as how assistance can be received when those rights are violated. Work Release Program is a chance for Inmates to test ther work skils and pesonal control over ter behavior in the community, and it allows them to spend to major part of the day away from the prison To solve these problem(Work Release Program), the following are proposed. The penal system must be able to address the complaints of prisoners (on Guaranteeing the Constitutional Rights of Prisoners, named the Prisoners’ Rights of Work Release Program according to law), and there must be more flexibility in the operation of prison affairs.
The purpose of this study is to examine the factors which give influences on the job satisfaction of probation officers and to suggest the ways to improve their job satisfaction. For this study, nine factors which have been derived from the Herzberg’s two factors theory are considered as the possible explanatory variables for the job satisfaction. Using SPSS statistical package, the analysis of the data examines the descriptive analysis, T-test, ANOVA, Correlation, and Multiple regression. The result of this analysis showed that the significant factors related to the job satisfaction were achievementㆍrecognition, company policy, supervision, working conditions, and job security. First of all, achievementㆍ recognition was the most important factor. Based on the result, to improve the job satisfaction of probation officers, the job dissatisfaction needs to be resolved through the improvement of hygiene factors(company policy, supervision, working conditions, job security) and job satisfaction would be improved through the sufficiency of motivators(achievementㆍrecognition). For these, the following plans are needed: legislativeㆍinstitutional reformation, the establishment of more probation and parole offices, an increase of workforce, budget increase, public support of the community treatment, job redesign and the continuous innovation of probation and parole organizations.
Living in a world governed almost entirely by the exercise of the discretion naturally generates a wide range of grievances. Accordingly it is essential that prisoners have a number of avenue of redress open to them whereby the illegal exercise of power maybe challenged, and by which compensation can be recovered for the infringement of such rights as survive in all prisoners notwithstanding there infringement. Under the Prison Act, prisoners have the right to pursue a request or complaint connected to or arising from there imprisonment with the governor of the prison. And it has long been accepted that prisoners also have the right to complaint to or petition the Minister with overall responsibility for the Prison Service and the care of prisoners. But the previous scheme was generally regarded as unsatisfactory for a number of reasons. It was inefficient, slow and lacking in coherence. The Ministry of Justice embarked upon a process of revising the Criminal Administration Act in 2004, and submitted the Revision Bill to the national Assembly on April 26. 2006. In this Bill a new system to enhance the efficiency and transparency of the correction adminstration, such as mandatory institutionalization of the corrections committee for consultation and legalization of the interview system with the governor of the prison. The new system is better than before, but still have major defects to dispel the culture of defensiveness surrounding the issue of complaints or requests. After the Seoul-Jail case in 2006 the Ministry of Justice introduced new systems, such as Sexual Assault Watch, Prison Ombudsman, and Advisory Council on Correction Affairs, to ensure consistency in monitoring human rights policies while accommodating public opinion about rights improvements and expanding popular participation in justice affairs administration in 2006. This article, therefore, reviews the new systems and suggests that these should be accepted in the Bill which is submitted to the national Assembly.
This study on the rape crime among a lot of criminal types from point of view of victimology to investigate the subjects below: Firstly, being free from precedent studies on the victimology from point of view of the victim, the study examined whether an offender committed rape crime by his rational choice. Secondly, even if an offender did not commit crime by rational choice from point of view of theoretically integrated models, the target was selected because of special factors: Therefore, the study examined selecting and deciding factors of criminal targets from point of view of the offender. On the other hand, actual proof was investigated in accordance with the purposes of the study: Most of rational choices of the offender were not made. Even if an offender did not make rational choice, he did not commit crime without consideration: Therefore, the study investigated considerations from point of view of the offender. An offender committed rape crime at the place that he knew well to have less floating population and to have neither CCTV nor police stations at adjacent areas. And, the offender thought that the victim was not likely to report rape crime without self-defence tools, and he did not have fear of imprisonment after being arrested. Therefore, to prevent rape crime from being victimized, both the offender and the victim should not meet by chance at the place where the offender knew well to have less floating population and to have neither CCTV nor frequent police activities, so that the victim could improve capable guardianship not to be exposed to the offender's target selection. On the other hand, the offender's selection factors gave priority in order of proximity to crime, attractiveness, risk and accessibility, etc to be independent from statistical significance. Therefore, considering the offender, the victim had better avoid such a place, in particular, entrance at nighttime. And, the place was required to improve environment and to expand number and scale of the police stations from point of view of criminal policy.