소년범죄자에 대한 경찰단계의 비범죄화 정책제안- 경찰의 전문가 참여제와 회복적 공동체사법(Restorative Community Justice)

초록

Now an experimental model of Expert Committee is in operation in two local police stations. It is schemed in police for early diversion of juvenile offenders. Many experts on juvenile delinquency - such as criminal psychologists, social workers - are participating in the Committee. They are making diagnoses about juvenile offenders' personality and criminal characteristics and advising about the disposition of juveniles. In suitable cases, the juveniles are being diverted under the care of these experts. Supporting the Expert Committee model for early diversion of juveniles, this article presents a more reformative and more fruitful model, based on the theory of restorative community justice. Restorative (community) justice shifts the focus more toward community solutions rather than criminal justice system reactions. and seeks to reintegrate the juvenile offenders, repair harm to victims, and promote the capacities of conflict solution in communities through reconciliation. The idea of restorative (community) justice can be effectively combined with the model of Expert Committee. In this article, it is proposed that the important role of Expert Committee be to select the cases for diversion and manage the restorative justice programs, instead of direct intervention to the dispositions and sanctions on juveniles. Through the restorative justice programs (victim-offender mediation, family group conference and so on), the criminal act can be understood within community members and the juvenile offender can be genuinely reintegrated into the community. So the model of Expert Committee which can be restructured in this article is one that helps to intermediate the standpoint of community members in criminal conflict solutions.

키워드