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장애인 피해자에 대한 경찰의 진술증거 수집에 관한 연구

A Study on the Police Investigation Related to Collecting the Verbal Evidence from the Disabled Victims

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참고문헌

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주제분류법학

초록

This study intends to meet the real justice in the area of criminal investigation, enhancing the communication skill between police investigator and the disabled victims in the course of collecting verbal evidence. Recent criminal justice system has greatly stressed on how successfully the parties of criminal procedure present their opinions including submitting their verbal evidence properly. Therefore, justice seems to be administered proportionately according to how people could express their assertion rather than what the system might offer for the victims and how the system might protect their human rights. As a result of that, the vulnerable victims just who have intellectual disability in expressing their own opinion are likely to fail in accusing the offender of their crimes to the court. With this reason, many disabled persons have been revictimized by the very offenders who attacked them first. This is not the criminal justice system which we want to arrive. To solve such a difficult problem, police responses are very crucial rather than any other public authorities. Police officers who are charged with the preliminary investigation should try to develop communication skills with the disabled person in collecting the verbal evidence, including the provision of proper support for them. Such an effort makes a progressive advance for the criminal justice system of our society.

Abstract

This study intends to meet the real justice in the area of criminal investigation, enhancing the communication skill between police investigator and the disabled victims in the course of collecting verbal evidence. Recent criminal justice system has greatly stressed on how successfully the parties of criminal procedure present their opinions including submitting their verbal evidence properly. Therefore, justice seems to be administered proportionately according to how people could express their assertion rather than what the system might offer for the victims and how the system might protect their human rights. As a result of that, the vulnerable victims just who have intellectual disability in expressing their own opinion are likely to fail in accusing the offender of their crimes to the court. With this reason, many disabled persons have been revictimized by the very offenders who attacked them first. This is not the criminal justice system which we want to arrive. To solve such a difficult problem, police responses are very crucial rather than any other public authorities. Police officers who are charged with the preliminary investigation should try to develop communication skills with the disabled person in collecting the verbal evidence, including the provision of proper support for them. Such an effort makes a progressive advance for the criminal justice system of our society.

참고문헌 (26)

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  17. Johnson, "Silent Victims : a Study of People with Intellectual Disabilities as Victims of Crime" (1988), Victorian Office of the Public Advocate
  18. John P. J. Dussich, "Raising the Global Standards for Victims : The Proposed Convention on Justice for Victims of Crime and Abuse of Power" (2008), TIVI
  19. Mark Brennan, "Procedures for responding to sexual assaualt of adults with an intellectual disability" (1993), New South Wales
  20. Mark Brennan, "Cleartalk : Police responding to intellectual disability. Wagga Wagga School of Education" (1994), Charles Stuart Univ.
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  22. Rebbeca Mille, "Investigative interviewing - psychology and practice -" (2001), Wiley
  23. Russell, P., "Children with disabilities - a challenge for child protection procedures,Good practice in child protection : A manual for professionals" (1993), Jessica Kingsley
  24. Sanders, A., "Victims with learning disabilities : Negotiating the criminal justice system" (1997), Oxford University Centre for Criminological Research

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