문제해결법원의 도입에 관한 검토

• 영문명: A Study on the Introduction of Problem-Solving Court
• 발행기관: 한국형사정책학회
• 저자명: 이승호(Lee Seung Ho)
• 간행물 정보: 『형사정책』형사정책 제18권 제1호, 51~81쪽, 전체 31쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2006.06.01

영문 초록

  In America, the problem-solving court movement emerged in 1980"s in response to frustration by both court system and the public to the large number of cases that seemed to be disposed repeatedly but not resolved. Judges revealed disappointment at "revolving-door justice", namely the awareness that criminal courts recycled offenders through system. Public opinion polls made the long list of complaints including that judges were not good at the real scene of crime, the needs of victims were not met sufficiently, and offenders couldn"t get out of the mire of the recursive crimes. This dismal scene of criminal justice demanded the dramatic shift of judges" role, from merely declaring guilt or innocence to solving the underlying problems of the defendant and improving public safety more actively. In response, an innovative group of lawyers and activists put to the test of new court system, reengineering how courts address such everyday problems as drugs, crime related mental disorders, neighbor nuisances including prostitution, and domestic violence. It is reported that their endeavor has produced not a few species of problem-solving courts over the total number of two thousands. This article describes four of the most prominent American problem-solving court models in terms of their origins, contents, differences from traditional court model, and evaluations. The first model is drug courts which integrate drug treatment services with criminal justice system case processing. The others include mental health courts which link mentally-ill offenders to medical treatment instead of punishment; community courts which seek to alleviate chronical neighborhood problems like street prostitution; domestic violence courts which address violence between intimates to have been regarded as domestic matters. This article also review the possibility of their introduction into Korean court system, particularly focusing on the debate about the philosophy and legal doctrine of problem-solving courts.

목차

Ⅰ. 사례 생각하기
Ⅱ. 문제해결법원, 무엇인가?
Ⅲ. 문제해결법원, 도입해도 되는가?
Ⅳ. 문제해결법원을 도입하려 한다면-맺는말을 대신하여
ABSTRACT

키워드

문제해결법원 약물법원 정신건강법원 지역사회법원 가정폭력법원 Problem-Solving Court Drug Court Mental Health Court Community Court Domestic Violence Court