본문 바로가기
KERD
논문KCI 등재

소년범의 경찰조사 경험과 피의자 권리 이해에 대한 연구

Juvenile Offenders’ Experience of Police Investigative Interview and Comprehension of Suspect Rights

0

조회

0

다운로드

2

인용

0

참고문헌

키워드

주제분류법학

초록

This study examined Korean juvenile offenders’ experience of police investigative interviewing as suspects and their level of Miranda warnings. Questionnaire survey was conducted for 102 juvenile offenders at a local juvenile detention facility. Most juvenile offenders(93.1%) reported that they confessed during police investigative interview interviewing but far less of them had enough opportunity to speak for themselves. Juvenile offenders expected that investigators would think they were guilty or uncooperative if they did not waive their right to silence. The average comprehension level of Miranda warnings as measured in sentence recognition tests was 66.9%. Implication of these findings and limitations of this study are discussed.

Abstract

This study examined Korean juvenile offenders’ experience of police investigative interviewing as suspects and their level of Miranda warnings. Questionnaire survey was conducted for 102 juvenile offenders at a local juvenile detention facility. Most juvenile offenders(93.1%) reported that they confessed during police investigative interview interviewing but far less of them had enough opportunity to speak for themselves. Juvenile offenders expected that investigators would think they were guilty or uncooperative if they did not waive their right to silence. The average comprehension level of Miranda warnings as measured in sentence recognition tests was 66.9%. Implication of these findings and limitations of this study are discussed.

참고문헌 (18)

  1. Goldstein, A. M., "Evaluating capacity to waive Miranda rights" (2010), Oxford University Press
  2. Grisso, T., "Juveniles' waiver of rights : Legal and psychological competence" (1981), Plenum Press
  3. Grisso, T., "Instruments for assessing understanding and appreciation of Miranda rights", pp.1998, Professional Resource Press
  4. Oberlander, L. B., "Competence to confess In Handbook of psychology: Volume 22, forensic psychology", pp.335~357 (2003), Wiley
  5. Wrightsman, L. S, "Forensic psychology", pp.2005, Wadsworth
  6. 이기수, "형사절차상 허위자백의 원인과 대책에 관한 연구", 박사, 법학과 형사법전공, pp.2012
  7. 차준호, "국내 피의자 권리 고지 실태 및 일반 청소년과 소년범의 피의자 고지 이해도에 관한 연구", 석사, 심리학, pp.2007
  8. Drizin, S. A., "The problem of false confessions in the post-DNA world", North Carolina Law Review, 82, pp.891~1007 (2004)
  9. Goldstein, N. E., "Juvenile offenders’ Miranda rights comprehension and self-reported likelihood of offering false confessions", Assessment, 10(4), pp.359~369 (2003)
  10. Kassin, S. M., "Police interrogations and confessions", Law and Human Behavior, 15(3), pp.233~251 (1991)
  11. Kassin, S. M., "Why people waive their Miranda rights : The power of Innocence", Law and Human Behavior, 28(2), pp.211~221 (2004)
  12. Leo, R. A., "Miranda's revenge : Police interrogation as a confidence game", Law and Society Review, 30(2), pp.259~288 (1996)
  13. Leo, R. A., "Inside the interrogation room", Journal of Criminal Law and Criminology, 86(2), pp.266~303 (1996)
  14. Oberlander, L. B., "A review and update on the practice of evaluating Miranda comprehension", Behavioral Sciences and the Law, 19(4), pp.453~471 (2001)
  15. Redlich, A. D., "Taking responsibility for an act not committed : The influence of age and suggestibility", Law and Human Behavior, 27(2), pp.141~156 (2003)
  16. Redlich, A. D., "Pre-adjudicative and adjudicative competence in juveniles and young adults", Behavioral Sciences and the Law, 21(3), pp.393~410 (2003)
  17. Ruback, R. B., "Decision making in delinquency cases : The role of race and juveniles' admission", Denial of the crime, 1997, pp.21(1), 47~69
  18. Viljoen, J. L., "Legal decisions of preadolescent and adolescent defendants : Predictors of confessions, pleas, communication with attorneys, and appeals", Law and Human Behavior, 29(3), pp.253~277 (2005)

이 간행물의 다른 논문 (8건)