미국에서의 낙태 규범과 범죄와의 상관관계 분석연구에 대한 고찰

• 영문명: A Study on the Impact of the Abortion Restriction Acts on Crime
• 발행기관: 한국형사법학회
• 저자명: 이인영(Lee, In-Yong)
• 간행물 정보: 『형사법연구』형사법연구 제24권 제4호, 279~304쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.12.31

영문 초록

The changes in abortion policy especially legalization present empirical researchers with an ideal mechanism through which to identify causal relationships between changes in incentives relating to social circumstances. Legalization of abortion in America lowers the cost of obtaining an abortion, since it removes any penalties that the state can impose on those seeking or providing abortions. Increased public funding for abortions through, for example, Medicaid lowers the cost of abortion. Parental notice requirements, mandatory waiting periods, requirements that information about abortion alternatives be provided to individuals seeking an abortion, and the like all serve to increase the effective cost of obtaining an abortion. Though the causal connection between crime and abortion is less directly obvious, the literature linking abortion and crime has attracted attention well beyond the academic journals in America. John Donohue and Steven Levitt hypothesized that legalizing abortion would affect subsequent crime rates through a number of different channels. If legalizing abortions reduces the number of children born, it would also necessarily eventually reduce the number of individuals in the age cohort (late adolescence) that commits most of the crimes. This would represent about half of the actual crime decrease witnessed during the 1990s, when the first legalized abortion cohort reached its peak crime years. Marianne Bitler and Madeline Zavodny examine the effect of abortion access changes on a specific category of crime – child abuse. Bitler and Zavodny speculate that aborted babies are not a random draw from the population of conceived children. Instead, abortion is likely to be systematically related to wantedness. Bitler and Zavodny hypothesize that increasing abortion access should lead to less child abuse. Bitler and Zavodny find that legalization significantly lowered the incidence of child abuse for the cohort of children who were conceived after legalization occurred. Surprisingly, their results suggest that parental consent or notification laws were associated with lower rates of abuse. Applied econometricians have exploited these experiments to generate a veritable cottage industry of abortion studies, examining everything from child abuse to crime. These studies of abortion policies will continue to generate provocative results. Because this literature is fairly technical, however, it will be difficult for policymakers to draw informed inferences about abortion law. In Korea it should be required amending the law on abortion. We should go through the process of careful discussion before we are prepared to modify legislation on abortion. I suggest that Econometric researchers and jurist shocalors have exploited to examine numerous important social relationships, including the effect of incentives on the effect of limiting unwanted births, crime rates, suicide rates as well as the direct effect of changes in abortion policy.

목차

Ⅰ. 서 론

Ⅱ. 미국에서의 낙태 합법화 및 낙태규제규범의 변화

Ⅲ. 낙태 규범의 변화와 범죄와의 관련성에 관한 계량분석 연구

Ⅳ. 우리나라 낙태규범과 낙태현실에서의 시사점

참고문헌

Abstract

키워드

낙태죄 낙태 합법화 낙태규제법 아동학대 모자보건법 abortion abortion restriction act.s legalization of abortion economic analyses of abortion policy