The conventional in-prison treatment and programs have limited inmates' reintegration by making their contacts with outside world difficult. However as the goal of punishment has moved from that of retribution into rehabilitation and reintegration, the importance of contacts with the society has been gradually recognized. The methods of "open treatment" is designed to reduce the degree of surveillance and control and at the same time to increase inmates' responsibility and self-reliance. Through more contacts with outside world, inmates are able to learn how to work and live as law-abiding citizens and through more autonomous life in prison, inmates can get the competency about themselves. Many experts agree that this is the most effective way to rehabilitate criminal offenders. On the contrary, although many believe the effectiveness of "open treatment," some are worried about the risk of break-out from prison. Inmates' break out of the prison surely make the safety of the innocent public in danger and it is the worst scenario in the eye of the advocates for open treatment. Regarding this issue, one should weigh a positive outcome of reintegration and rehabilitation and a negative outcome of the risk of inmate's run-away. In fact, the negative consequence does not outweigh the positive effects of the open treatment. That's why we should continue to administer various methods of the open treatment.
This study treats the Prisoners’ Rights(Furlough System) 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. Furlough System is a chance for Inmates to test ther work skills 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, 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 Furlough System Program according to law), and there must be more flexibility in the operation of prison affairs.
The main issue of the protection system for victims can be viewed in two perspectives: criminal procedure protection and financial compensation, public prosecution, judgment, and correction in each country's criminal proceedings of Korea US, Germany, and Japan will be focused and discussed respectively in this paper. For indemnity system for the victims its significance, necessity, and function of criminal policy will be briefly discussed first and then each country's actual system will be analyzed in depth. Also, any supports actively being done by civil groups for the victims in each country are explained. For the conclusion, any problems of the protection system for the victims currently in Korea as well as possible to solve them will be suggested by compare and contrast strategy for the advantages and disadvantages of each country's system described in above.
가석방제도가 형사정책적으로 혹은 행형에서 중요시되고 동시에 가족과 사회와 격리되어 24시간 교도소에서 생활하는 수형자들이 실제로 가장 관심을 가지는 것일 정도로 현대의 형벌개혁의 '최대의 발명품'으로 찬사를 받고 있는 것임에도 불구하고 요건을 엄격하게 제한하여 그 도입취지와 활용도를 높이지 못하고 소극적 자세로 머물고 있다 가석방제도가 가진 형사정책적 가치와 부수적으로 따르는 기능을 생각한다면 현재의 소극적인 모습으로는 만족할 수 없으며 확대실시는 당연한 요청일 것이다. 따라서 본고는 가석방제도의 적극적 활용을 촉구한다는 의미에서 우리나라 가석방에 대한 법률규정과 실제의 모습을 살펴보고 개선가능한 문제점이 무엇인지를 지적하고 발전적 방안을 제시하여 우리나라 교정행정의 역량을 강화하는 토대에 일조하고자 하는 것이다.
The purposes of this study are to conduct comparative study between juvenile correctional education and alternative education system and to suggest ways to make juvenile correctional education more effectively. The ideology for establishment of juvenile correctional schools and alternative schools is very similar from the point of view that both schools deal with maladjusted students. However, the juvenile correctional schools emphasize more toward vocational training while alternative schools stress human nature recovery. The alternative schools organize classes such as meditation, yoga and mind control diary to develop human nature. In addition, teacher professionalism and more diverse instructional teaching methods need to be developed in juvenile correctional schools. The alternative schools pursue to teach future oriented knowledge instead of simple acquisition of skills, move towards small schools, student-oriented curriculum, and education that can be learned from daily life. To make more effective juvenile correctional education and to incorporate merits of alternative school systems, following improvement schemes are suggested. Firstly, considering that main purpose of juvenile correctional school is to correct delinquent subculture, the juvenile correctional education need to stress more towards curriculum by accommodating mind recovery subjects and activities. Secondly, it is important to motivate students in participating school activities through providing opportunities for voluntary involvement. Thirdly, the juvenile schools need to accommodate mind cultivation program so that students can realize how much they meant to society and to recover their value to society. In addition, to conduct effective education, teachers need to be trained for professional growth, including education reimbursement programs. It is teacher's responsibility to guide maladjusted students by developing their teaching and counseling abilities. Finally, it is necessary to organize evaluation system for curriculum and course organization, by including students and parents.
The history of correction depends heavily upon ‘how the people understand a crime and criminal offender’ in a society or country. The current criminal justice system overseas as well as domestically is fundamentally based on retribution or the justice model in its practice. Researches have pointed out that typical model has shown its limitations and problems including the lack of correctional effectiveness, astronomical amount of correctional expenses, overcrowding issues, and others. These issues and problems of the current justice system are the starting points to think differently about ways of dealing with criminal issues and the parties affected by crimes such as a crime victim, the offender, their families, and their community. Since the early 1970s, restorative justice has gained significant attention in North America, and now in many countries in Oceania, Europe, Africa, and Asia. In 2000, the United Nations Congress on Crime Prevention developed a draft proposal for UN Basic Principles on the Use of Restorative Justice Programs in Criminal Matters, which encourages the use of restorative justice by UN members. This international recognition is a huge step forward toward the international recognition of the new paradigm in criminal justice procedure. This article examines the background, developing process, and main programs, such as Victim Offender Mediation, Family Group Conferencing, and Circles. Some thoughts about advanced correctional welfare have also been presented.
Restorative justice provides opportunities for those most directly affected by a crime (victim, offender, families, and other community members) to be actively involved in the process of addressing harms, needs and obligations. Restorative Justice is about offender accountability, victim healing, and community safety, through mediation and dialogue whenever possible. While restorative justice is far more than a specific program and it is grounded in values that effect our entire way of understanding and responding to crime and victimization among individuals and communities, three types of restorative justice dialogue are particularly expressive of restorative justice principles and they are developing in numerous countries. These include victim-offender mediation, group conferencing, and circles. This article examines participation rates and reasons, participant satisfaction, participant perception of fairness, restitution and repair of harm, diversion, recidivism and cost. A total of 53 victim offender mediation studies are reviewed, including 3 meta-analyses.
Restorative justice has the potential to significantly influence criminal justicepolicy, but only if understood as a policy alternative and not merely as a program. This means adopting a definition that lends itself to use in guiding public policy and to measuring the relative "restorativeness" of that policy as well as of practices or program. There are compelling reasons to adopt restorative justice as criminal justice policy, and lessons can be learned from the experiences of three countries that have, to varying degrees, adopted a restorative criminal justice policy. While legislation can entrench restorative justice, there are important reasons not to begin with legislation. The paper concludes with suggestions for countries considering use of restorative justice.
The causes of juvenile crimes are varying with many reasons, can not be just defined with one reason. It is very easy for juveniles to become violent and fall into misdeed, bad social environment; such as, family or parents' divorce problems accelerates this kind of misbehavior, especially when they are mentally acuity in this stage of their lives. On the impulse of the moment directly connects to the delinquencies which make their life miserable and furthermore, they become an obstruction of the society and country. Juvenile delinquents have to be take cared with psychological treatments, such as using a dog, because their hearts are dried up for many reasons. It is possible to help delinquents in The Chun An Juvenile Prison to reduce criminal minds and violent behaviors through psychological treatments and reform edification to make them love animals. This study has been researched through result of surveysand MMPI tests on guard diaries and observation record for using dogs as a treatment for violent reduce of juvenile delinquents in The Chun An Juvenile Prison. With the result, we came to the conclusion that it will be a suitable program for juvenile and female delinquents in the future.