처벌의 효과

• 영문명: The Effect of Punishment: A critique of Deterrence Theory
• 발행기관: 한국형사정책학회
• 저자명: 신동준(Dong-Joon Shin)
• 간행물 정보: 『형사정책』刑事政策 第21卷 第2號, 191~216쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

There has been a lot of empirical studies on the deterrent effect of punishment In general, these studies have shown inconsistent findings This suggests that deterrence theory's basic explanatory frame have some flaws First of all, the assumption of rational choice is problematic especially when it is applied to the explanatory model for criminal behaviors And deterrence theory, at least in its basic version, does not properly consider the effectiveness of informal social sanctions Most importantly, this theory needs to take into account the role of decision-makers' characteristics in the calculation of perceived outcomes of their criminal behaviors Those characteristics might determine the sizes of weights which definitely affect his or her evaluation of costs and benefits from a specific criminal behavior And criminological theories provide useful information on those characteristics Therefore, it is necessary to have more elaborated deterrence models which take into account the factors from other criminological theories to examine the effect of punishment properly In addition, we need to remember the fact that only a part of population tends to engage in the rational calculation regarding the outcomes of their criminal behaviors Most people do not feel the need for that calculation because they have internalized norms And the size of the group who would be willing to calculate the outcomes of their criminal behaviors might vary with different natures of crimes In addition, other important issues on the effect of punishment are discussed

목차

Ⅰ 머리말

Ⅱ 억제이론의 범죄원인론적 의의

Ⅲ 억제이론 설명도식 정교화

Ⅳ 처벌의 효과에 대한 쟁점들

Ⅴ 맺음말

참고문헌

영문초록

키워드

처벌의 효과 억제이론 합리적 선택 범죄학 effect of punishment deterrence theory rational choice criminology