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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국형사법무정책연구원 형사정책연구 형사정책연구 통권 제63호
발행연도
2005.9
수록면
205 - 238 (34page)

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초록· 키워드

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In Korea, lifers amount to about 1,000 persons, and females amount to about 5 percent of the total lifers. Only a feware annually commuted, or released on parole, and the total number of lifers shows little change.
This study is based upon my own questionnaire, interview, and report card on life inmates. I visited some of male/female prisons, and distributed questionnaire form, and conducted some interviews with male/female lifers. A great difference between female and male lifers could be found as to their type of crime, criminal background, investigation and trial process, and a cycle of adjustment in the prison.
The analysis of the female lifer shows that the women have been disadvantageously positioned in all stages. Before she committed offense, she was continuously victimized by her partner, and could hardly find any escape from domestic violence. The self-defense argument is not justified because legal conception of self-defense is supposed to narrowly apply to the cases when the defendant's life is in urgent danger. In a state of helplessness and despair, she cannot defend herself effectively in the trial. This shows that a gender-conscious intervention by criminal justice agencies is required in order to prevent domestic violence, and to make an effective legal counsel for women offenders. Feminist perspective might contribute to understand the situations of victimized woman who kills, and to decrease the ratio of female life sentences.
In the prison, female lifer would not become troublemaker, and doesn't seek a superior position among inmates. Her power is comparatively weak due to her older age, no prior record, and isolation from outside world. There is little danger of recidivism after returning to the community. It could be recommended that women lifers might be released from the prison earlier than male lifers. It is enough to make them live in the prison for up to 15 years. Even within the prison, the correctional treatment for women should center upon how to restore her family, or how to seek the best interest of her children.
The conception that a lifer is an incorrigible being, to be incapacitated lifelong, is not true of my research. Through long-term imprisonment, most of lifers adjust themselves to the hard environment, and show advancement in the progressive system. Though some of them might cause trouble or make a suicide attempt, it can be explained as a kind of difficulty of adjustment in the initial period. Their attitudinal change on a long-term basis comes from their strong hope to be released, rather than the influence of any correctional program or religion. The desire for freedom makes them endure the given hardship through more than 15 years. Therefore, the most important recommendation is that no one should be deprived of the hope of freedom.

목차

Ⅰ. 서론
Ⅱ. 여성무기수의 배경과 무기형을 받게 된 범죄
Ⅲ. 형사절차에서 성차별적 측면
Ⅳ. 여성무기수의 시설내 적응과정
Ⅴ. 가족과의 관계와 사회복귀
Ⅵ. 요약 및 정책적 제언

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