형사절차상 아동증인에 대한 조사방법
Investigating Method on Child Witness in the Criminal Proceedings
- 한국형사정책학회
- 형사정책
- 刑事政策 第18卷 第2號
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2006.12271 - 290 (20 pages)
- 74
Children are sometimes involved in various criminal cases as victims or witnesses and are arranged to make testimonials. As they lack physical evidence to prove or support their testimonials, however, their capacities to make testimonials are often questioned.<BR> Generally, children lack observation capacity, short memory, and underdeveloped linguistic abilities and their expression is not as accurate or matured as that of adults. Thus, their memory is highly likely to be influenced by their surrounding people.<BR> When trying to investigate children, what is most important is that the investigator must understand children’s attitudes and psychology and use effective questioning techniques to gather information. In criminal proceedings, investigation of children must follow more adequate procedures to minimize losses and increase reliability of children’s testimonials.<BR> In order to help children testify what they experienced, the investigator must use adequate investigating procedures to acquire more accurate information that is factual.<BR> Children’s testimonials from such adequate investigating procedures would be considered reliable and would be used as effective evidence even if they are made by vulnerable children.
Ⅰ. 머리말<BR>Ⅱ. 아동진술의 특성<BR>Ⅲ. 아동조사를 위한 계획수립<BR>Ⅳ. 구체적인 조사방법<BR>Ⅴ. 맺음말<BR>ABSTRACT<BR>
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