라인업 절차의 합리적 운영 방안에 대한 연구

• 영문명: A Study on how to rationally operate Line-up procedure in criminal investigation
• 발행기관: 한국형사법학회
• 저자명: 권순민(Kwon, Soon Min)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제4호, 429~458쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.31

영문 초록

Lineup is one of the criminal identification procedures. Criminal identification procedure means an activity of the police justice to identify a suspect. There are two ways of identification. The lineup is the process that the witness confirms the identification of a suspect after viewing a display of several individuals including a suspect. Sequential lineup and simulation lineup are two ways of lineup. Identification of a suspect among a display of several fillers by witness can confirm neutrality and high reliability. However, if the process is conducted in such a manner that decreases fairness and objectivity, for example, through unjust suggestion, the reliability of the statement obtained by lineup would be reduced dramatically. The complexity and inaccuracy of human memory must be considered regarding lineup. The memory process of human is consisted of three stages, such as acquisition or encoding ofinformation, storage or retention, retrieval and communication to others. Considering the recognition procedure and the possibilities of fallacy, the lineup should be conducted in a objective and just procedure. Also, The Supreme Court has decided that in a procedure where there was a cue from the administrator or there hade been noticeable lack of objective identiers, the credebility of the witness be denied. The guidelines by Supreme Court that the case law presented could be supplemented. These are my suggestions; The guarantee of participation of suspect and counsel, rational composition of fillers, rational inquiry, and protection of witness.

목차

Ⅰ. 서 론

Ⅱ. 라인업절차의 중요성과 현실

Ⅲ. 법심리학적 분석: 기억의 한계와 오류가능성

Ⅳ. 법정책적 분석 : 라인업절차에서 피의자의 참여와 방어적 권리의 실현

Ⅴ. 결 론

키워드

범인식별절차 라인업 절차 참여권과 방어권 Eyewitness identification procedures Line up The participatory and protective aspect of rights