미국에서의 배심원의 양형 참여

• 영문명: Jury Sentencing in the United States
• 발행기관: 한국형사법학회
• 저자명: 김대성(Kim, Dae-Seong)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제1호, 399~418쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.28

영문 초록

In Korea, the citizen's participation system in criminal trial has been enforced from January 2008. The system is mingled with the factors of jury system and the factors of mixed court system or Schöffengerichtsbarkeit, and the system's destiny will be decided after it's experimental operation for years. This paper aims to acquire some implications for the system's development in Korea by examining jury sentencing in the United States. Jury discretion to select sentences in felony cases was first adopted in the United States in 1796. Jury sentencing made its way westward from the Old Dominion as Virginia-trained lawyers and politicians moved to Kentucky and revised the criminal law of that state in 1798. Six states today still permit juries to fix sentences in felony cases. The Tennessee Legislature abolished mandatory capital punishment for first degree murder and inaugurated absolute capital sentencing discretion. The sentencing authority, whether judge or jury, was given unfettered discretion to choose between the penalty of death and life imprisonment. Jury sentencing in capital cases is practiced in all jurisdiction in the United States today. The main criticism of jury sentencing is disparity and unfairness of jury sentencing verdicts, compromise verdicts and high cost of jury sentencing. In this paper, Part Ⅱ surveys the history of jury sentencing to the present in the United States, Part Ⅲ examines the United States Supreme Court's decisions about jury sentencing, Part Ⅳ addresses the issues in the jury sentencing in the United States, and Part Ⅴ provides some implications for the system's development in Korea.

목차

Ⅰ. 머리말

Ⅱ. 미국 배심원의 양형 참여의 역사적 전개

Ⅲ. 배심원의 양형 참여에 관한 미국 연방대법원 판례의 입장

Ⅳ. 미국에서의 배심원의 양형 참여에 관한 찬반 논쟁

Ⅴ. 맺음말 - 우리의 국민참여재판제도에 대한 시사점 -

Abstract

키워드

국민참여재판 배심제도 양형배심 the citizen's participation in judicial decision making jury system jury sentencing