사형의 형벌적 특성에 관한 비판적 연구

• 영문명: A Critical Study on Punishment Attributes of Death Penalty - Focus on the Penal Theory and Deterrence -
• 발행기관: 한국형사법학회
• 저자명: 이덕인(Lee, Deok-In)
• 간행물 정보: 『형사법연구』형사법연구 제22권 제3호, 177~204쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.02.05

영문 초록

While law philosophers and law theorists insist a normative discussion about ideology of punishment to obtain the answer why offenders should be punished, sociologists and historians have interested in the changes of punishment form and appearance as well as extinction of punishment ideology. The changing process of punishment from physical torture and pain into psychological control is not just because human society have evolved from barbarism to civilization. It would be more reasonable to consider it as the existing predominant form of punishment have lost the social and historical validity. Therefore, the death penalty of today should be discarded, since it is a punishment without any social and historical validity for the human society. d yet. Though many researchers have strived for statistical regularity to define the interrelation between death penalty and heinous crime, both abolitionist and retentionist could not suggest any obvious evidences which is able to overwhelm the opponent. Along with executing felon, it is obtain the results of preventing further crimes committed by the felon. However, those such results can be anticipated due to the life imprisonment; thus, it cannot be seemed as death penalty is certainly necessary to prevent second conviction of felons. The crime deterrent will take effect not from the intensity of punishment, but through the certainty of punishment. If offenders is put into life imprisonment under the circumstance of wrong belief that putting to death depends on whether the offender is exposed or not, which side would be mentioned as having much greater crime deterrent effect. Therefore, it would be more effective toward crime deterrent with the fact that raising the rate of arrest the offenders and giving punishment without exception through scientific investigation. In case of it is doubtful if death penalty is able to contribute to the prevention of a murder case, maintaining the life of condemned criminal by turning into benefit of poor people is upright lawful thought. Furthermore, the concerned people on criminal justice and scholars of criminal justice should take it as their mission as well as duty to encourage the cognitions above stated to be established into criminal identification of general society properly.

목차

Ⅰ. 문제의 제기

Ⅱ. 형벌이론의 발전과 사형제도

Ⅲ. 사형제도와 범죄억지효과

Ⅳ. 범죄억지효과 없는 사형제도

Ⅳ. 사형수는 도태되어야 할 대상인가?

Ⅴ. 맺음말

키워드

사형폐지 사형의 범죄억지력 일반예방 특별예방 응보사상 the Abolition of Death Penalty the Deterrence of Death Penalty Theory of Special Prevention Theory of General Prevention Retributivism