[외국제도]미국의 자유형과 그 대체제도에 관한 연구

• 영문명: Imprisonment and its Substitutes in the United States
• 발행기관: 한국형사정책학회
• 저자명: 손동권(SonDongKwun)
• 간행물 정보: 『형사정책』형사정책 제15권 제1호, 405~427쪽, 전체 23쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2003.06.01

영문 초록

The current predominate sentencing structure for most States in U.S.A. is the indeterminate sentence, which has a fixed minimum and a fixed maximum term for incarceration(36 States and the District of Columbia). The actual amount of time served is determined by the paroling authority. But because of excessive sentencing disparity and criticisms of the rehabilitative ideal, some States have replaced indeterminate sentencing with structured sentencing schemes such as determinate sentencing. The best known statutory determinate sentencing plan is California’s. In 1976 the state adopted a multiple choice approach. For example, the sentencing options for the first-degree burglary include imprisonment in the state prison for two, four, or six years(Cal. PC, §461). In a normal case, the trial judge is expected to impose the middle. And all States employ some version of mandatory minimum sentencing laws, which target habitual offenders and the crimes of possessing a deadly weapon, driving under the influence of alcohol, and possessing and/or distributing drugs. Until late 1970s, offenders were either incarcerated or they were given routine probation. In other words, at that time the United States had relatively little intermediate punishment for crime. The intermediate sanction programs (ISPs) emerged in the 1980s in United States as a effective solution to prison crowding. The most popular are intensive probation or parole, house arrest, electronic monitoring, boot camps, shock incarceration, restitution, community service.

목차

1. 序

2. 부정기 자유형제도가 정착하기까지의 연혁

3. 미국의 현행 자유형제도

4. 자유형의 대체제도

5. 맺는말

ABSTRAC