미국의 사형선고 가능 사건에 적용하는 인신보호영장제도에 대한 연구

Habeas Corpus in Capital Cases

Habeas Corpus can be traced back to the era of Magna Carta when the King in England reigned and he was not hesitant in terms of abusing his power over the people. It was an necessary buffer protecting the people from intolerable power. Although it has been existed for a long time, the controversy arose out of Habeas Corpus is still unsettled however no one can argue that the System is worth to look at. Thanks to Habeas Corpus being in place, people might have the second chance to rely on courts to rectify any wrongs if committed by the courts. That is, even after the court decision becoming final, the accused is able to have another opportunity to be heard. In capital cases, the need to have more effective Habeas Corpus is more desperate, once the death row inmate is executed, there would not be any second chance for him. Habeas Corpus in the United States exists in a very distorted and different form compared with the original one imported from England. Habeas Corpus has very limited application in Korea. The System only exists for the arrestee before he is being charged with any crime. After someone gets convicted, only “retrial” might be the last resort he can rely on. Certainly there are some common grounds between “retrial”in Korea and Habeas Corpus in the United States. It seems nearly impossible to transplant Habeas Corpus in Korea. However, there must be some other grounds that Korea can safely land when you compare two different emergency measures to save the innocent.