양형자료의 조사와 평가

Abstract

Sentencing Guideline System was introduced to correct the imbalance of sentencing. In order to bringing Sentencing Guideline System to success, Sentencing Investigation is necessary. Sentencing investigation refers to the examination of a defendant’s background prior to sentencing. Sentencing Investigator gathers various kinds of information, including personal information and identifying data describing the defendant,a chronology of the current offense and circumstance surrounding it, a record of the defendant’s previous convictions, home life and family data, educational background, health history and current state of health,military service, religious affiliation, financial condition etc. All the data which come to the judge help him decide what an appropriate sentence will be. This Sentencing Investigation System was raised as a part of the judicial reform. Many debates on the system are focused upon the subject of sentencing investigation. But, it is important not who is investigating sentencing data but how to investigate and estimate sentencing data. How to investigate and estimate sentencing data follows. Because probation officer is more independent of Court and Prosecution than the officer of court, the probation officer must investigate sentencing data. The object of sentencing investigation should be all crime. The right to counsel be guaranteed to the defendant in the time of sentencing investigation. The defendant be permitted to raise objections to the investigated sentencing data. Sentencing hearing be not open to public.