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KERD
논문KCI 등재

전통적 형벌에 대한 대안적 제재의 근거와 형사정책적 문제점 소고

A study on the Alternatives to Incarceration and Perspective of Intermediate Sanctions

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주제분류법학

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Abstract

The term corrections is almost idendified with punishing. Especially the term is relatively new. Prior to the 1950s, the term penal system and penology were largely commented. These term usually pointed out the punishment focus placed on those convicted of crimes. It was not until 1954 that the American Prison Association changed its name to the American Correctional Association, what reflected a basic shift in the philosophy of correcting deviant and lawbreaker. In the historical overview of corrections and the criminal justice system, society has dealt with lawbreakers in a multitude of ways and has emphasized different goals and diverse methods to accomplish those goals. On those ways, we cannot overestimate the virtue of consciousness of sin and criminal`s will of reintegrating itself into the lawabiding society. The punishment and the intermediate sanctions should be proactive and focused on the needs of criminals and society itself. Crimianl should and can be changed to go back into the stream of society through awakening the consciousness of criminal culpability of convicted and inspiring wilfulness of being lawabiding citizens. The most appropriate way of corrections is based upon theoretical consideration, how society view criminals, how society treat criminals.

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