배심평결규칙의 법심리학적 제 문제(상) - 만장일치규칙과 다수결규칙

• 영문명: Psychological and Legal Issues in Jury Decision Rule : Unanimity Rule Versus Majority Rule
• 발행기관: 한국형사정책학회
• 저자명: 이은로(Lee Eunro) 박광배(Park Kwang B)
• 간행물 정보: 『형사정책』刑事政策 第18卷 第2號, 459~500쪽, 전체 42쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  Introduction of lay participation trial system could raise many psychological and legal issues regarding fact-finding functions of a jury. One of those important issues is the appropriate rule for the decision or verdict on the guilt of the defendant: unanimity rule versus majority rule. The verdict by a jury has several characteristics that distinguish it from other kinds of collective decision making, especially those in political contexts. Collective decisions are often based on self-interested behaviors of constituents, voters, politicians, and government officials under consitutional rules. On the other hand, the task of a jury as a decision making group is primarily based on the concerns for finding material fact regarding the guilt of defendant rather than serving for the interests of the participants. The decision by jury should not only be democratic but also be accurate and efficient. Therefore, the issues regarding unanimity or majority rule for the decisions by jury go beyond normative or ideological considerations and should be rooted in empirical bases. The purpose of the present article is to set the ground for research and scientific investigation searching for the appropriate rule for the decision by the lay jury that will convene for criminal trials in Korea. To that end, we introduce public choice theory for the optimal rule for group decisions and other theoretical models predicting the effects of different rules. And legal issues surrounding the unanimity and majority rules for jury decision making are delineated and summarized. In our next study, a review of empirical studies on the verdict rules in the areas of psychology and behavioral sciences will be continued.

목차

Ⅰ. 서론
Ⅱ. 집단의사결정규칙 이론: 공공선택론
Ⅲ. 배심평결 규칙에 관한 실증연구를 위한 공공선택론의 의의
Ⅳ. 배심평결규칙의 효과에 대한 이론모형(modelling) 연구
Ⅴ. 배심평결규칙을 둘러싼 법학적 쟁점들
Ⅵ. 결론
ABSTRACT

키워드

평결규칙 배심제도 배심평의 만장일치제 다수결제 배심단 의사결정 결정규칙 verdict rule decision rule public choice theory trial by jury jury deliberation unanimity rule majority rule jury decision making