국민참여재판 하에서 경찰 역할의 변화

• 영문명: Changes in the Role of Police under the New Criminal Jury System
• 발행기관: 한국형사정책학회
• 저자명: 한인섭(In Sup Han)
• 간행물 정보: 『형사정책』刑事政策 第18卷 第2號, 525~558쪽, 전체 34쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  Korea has maintained the professional-career judge system without any kind of lay participation in the trial. Since 2004, the Special Committee on the Judicial Reform discussed the introduction of a jury system-albeit as a form of weak participation. Now, the draft on the criminal jury system is awaiting a legislative review at the National Assembly. My question here is what kind of changes will be enforced if Korea introduce the criminal jury system.
  Police witness will often appear to the criminal trial. Police will stand in front of jury panel, and witness what he has experienced. Police is concerned with how to secure the reliability of his witness. His attitude or even his fashion would work as an influencing factor on the reliability. More important factor would be whether a witnessing police should maintain a distance from the prosecutor If a jury consider that a police witness was instructed/controlled by his supervising prosecutor, his testimony would be far from convincing.
  Such a new situation will require the new structure of police which will be more responsible for their investigation, and more independent from the prosecutor. Public prosecutor will much more concentrate on the trial than deeply involve in a direct investigation. Public prosecutor will focus their authority on the supervision of due process, and rather than the direct investigation. Police will gain the authority to commit an primary investigation under his own responsibility, and will be put under stronger pressure to the due process of law. The possible changes in the police work and criminal justice system in general would be more desirable because they will seek more justice and more human rights.

목차

Ⅰ. 머리말
Ⅱ. 공판정에서 경찰 역할의 변화
Ⅲ. 국민참여재판이 수사방식에 끼치는 영향
Ⅳ. 수사주체에 끼치는 영향: 검찰과 경찰 관계의 재편
Ⅴ. 국민참여의 ‘정신’을 경찰활동에 반영하는 방안
Ⅵ. 맺음말
ABSTRACT

키워드

국민참여재판 배심제 경찰증언 수사권 jury police witness police investigation