소년범의 재범방지를 위한 경찰의 기능과 역할의 확대방안

Abstract

One of main features of Korean criminal judicature system with respect to juvenile delinquency is that the rate of prosecution is not only lower than in adult crime but also that of non-prosecution such as suspension of indictment is respectively high. But Juvenile delinquency is increasing quantitative. Specially, there is a growing recommitted crime rate for juvenile offenders. But the principle of juvenile protection is emphasized in the juvenile justice system because they are mentally immature. But, in recent, some peoples advocate also the balanced and restorative justice in juvenile justice procedure. They say this system provides a framework for systemic reform and offers hope for preserving and revitalizing the juvenile justice system. Meanwhile, the Juvenile Act has several special provisions as to juvenile justice procedure. So, in this paper, I will excercise as to the current juvenile justice system and institution by police through a critical review and suggest several improvement measures for the efficient juvenile justice. For this study, I will analyze statistical date in order to evaluate the effectiveness of the current juvenile justice system and institution. And I will adduce their improvement plan, especially the expansion of police discretion and police diversion in the juvenile justice system. Because the police are the authority which faces the juvenile delinquents for the first time in the juvenile justice procedure against them, the juvenile delinquents can be release in its early stages of the justice procedure against them through police release with a warning and guidance. And because the police diversion is estimated the one of the most efficient measure to prevent juvenile delinquency with the least amount of resources available.