현대 심리신문기법이 허위자백을 유발시킨다는 견해들의 논증구조의 분석과 타당성 평가

• 영문명: An analysis on the demonstration structure and validity evaluation regarding the opinions that the psychological interrogation technique causes a false confession
• 발행기관: 충북대학교 법학연구소
• 저자명: 조광훈(Jo Gwang Hun)
• 간행물 정보: 『법학연구』第26卷 第2號, 265~304쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.12.30

영문 초록

The confession of a suspect or a defendant in a criminal proceeding improves the proceeding economics by decreasing unnecessary investigation and criminal proceeding and protects the human right of a suspect or a defendant. Of course, it is a valid statement only when the confession meets the requirement of voluntariness and credibility. Therefore, the modern interrogation technique of a investigation agency to get a legitimate confession from a suspect should be evaluated as a very legitimate and valid investigation activity of the investigation agency. Meanwhile, multiple research studies are appearing recently, which state that the modern interrogation technique used by investigation agencies is causing a false confession from a suspect. These studies argue that the investigation agencies developed exquisite interrogation technique and are using it to get false confession from a suspect and the studies attempt a demonstration based on the research studies and cases from United States. However, these opinions are committing errors in attempting demonstration by introducing the research studies in United States to Korean situation as they are without proper analysis and evaluation on the issue area of the modern interrogation technique that the technique causes false confession, the causes of false confession and the types of false confession. In addition, the studies are committing errors in ignoring the difference between the United States criminal justice system and the Korean criminal proceeding, in overlooking the difference among persuasion, coercion and deception, and passing over the function of modern interrogation technique in inducing a confession. Further, they are wrong in the hasty generalization of the prejudgment effect on a false confession. The ways to restrict a false confession and improve the voluntariness and credibility of a confession would be; the development of interrogation technique preventing false confession based on human right focused interrogation technique, reinforcement of defense attorney participation right during interrogation, practical guarantee of the statement right of a suspect regardomg the fact of its interest and further activation of video-recorded investigation. The attitude, which excludes the evidence admissibility of a pure confession by a suspect while considering the modern interrogation technique of drawing the logic contradiction in the confession from a defendant as a trap, is not desirable.

목차

Ⅰ. 문제의 제기

Ⅱ. 주요 현대 심리신문기법의 절차와 특징

Ⅲ. 현대 심리신문기법이 허위자백을 유발시킨다는 논증구조의 분석

Ⅳ. 현대 심리신문기법이 허위자백을 유발시킨다는 논증에 대한 타당성 평가

Ⅴ. 허위자백의 억제와 자백의 임의성과 신빙성 제고방안

Ⅵ. 마무리

참고문헌

Abstract

키워드

자백 자백법칙 허위자백 리드 신문기법 피이스 신문기법 자백의 임의성 신빙성 modern interrogation technique confession confession principle Reid interrogation technique Peace interrogation technique voluntariness of confession credibility