미국 형사소송법상 강제처분의 요건

Abstract

Criminal procedure, which is the basic condition for ‘arrest and seizure’, defines the probable cause, which means objective criminal suspicion of the rational common person. but there’s no specific norm for probable cause. Criminal procedure requires prudent judgment by criminal investigators concerning arrest and seizure according to Due process of law, to reach the appropriate arrest and, condition for compulsory execution should be clarified. The judicial branch of the government should present clear-cut condition to achieve two purposes, the truthfinding function of the process and due process of law. Under Due process of law, criminal procedure in U. K and U. S. imposes the strict sanction on arrest and seizure. In addition there are a lot of research and cases regarding the conditions of arrest and seizure. Therefore, this thesis is focused on two purposes, which guarantee Due process and purpose of criminal law, which is the truthfinding function of the process, through justification of compulsory execution according to probable cause by examining the cases of Supreme courts.