미국 가석방제도에 기초한 현행제도의 실효성 확보에 관한 연구

Abstract

This study discusses the Study on the effectiveness of the current system based on the U.S. parole system. Parole not only make convicted prisoner's return to the human society earlier by reducing a period of unnecessary punishment execution but also plays a role of promoting convicted prisoner󰡑s voluntary desire to return to the human society. therefore it is suggested that parole will be effectively and eagerly enforced. But parole puts on passive enforce in korea. parole can be regarded as not a reduced term of imprisonment but a new type of execution of punishment converted from institutional treatment into community treatment that is to say as one stage of correctional treatment. The tendency of criminal policy‘s stress nowadays is toward community treatment of a convicted prisoner than institutional treatment. It is implemented in the form of administrative decision by the parole reviewing committee and the parolees are released under the supervision of mandatory probation. This article studied the aspects of the theory as well as the reality of the current parole which has been administered. and then the result of this study is that the current parole system in korea has been carried out in a very passive fashion. generally the final goal of the correction treatment is rehabilitation. The most critical problem is about the eligibility requirement. Only the offenders who have served most of their term would be eligible for parole, regardless of their degree of rehabilitation or corrections. Conduct electronic surveillance system in the United States to take advantage of the various programs should be developed. The law of the future will be able to take advantage of practical materials. A life sentence in the U.S. system of enforcement of the prohibition era parole system can be seen as reflecting the change. In addition, the nature of parole, post-management system having efficient operation of probation shall establish measures. You should try to prevent future recidivism will. In the long run the most important point is to realize that parole is not a favor given by the authorities, not a reduced term of imprisonment but rather a new type of correction treatment for rehabilitation converted from institutional treatment into community treatment.