A study on the Necessity of the Death Penalty in the Information Society -Focused on the misjudgement cases-

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Sometimes, the misjudgement of imperfect human can not be avoided because capitalpunishment is decided by a judicial officer, human. Dreiinstanzen system has been adopted toprevent misjudgement. However the possibility of misjudgement can not be entirely excluded in thejudgement by a judicial officer as the judgement of a lower court and a higher tribunal depends on the specific criminal cases. And in case of capital punishment executed by misjudgement, it leadsto a cruelty result which has not ways to recover the damage. There is an opinion thatdangerousness of misjudgement is lacking in persuasiveness because of insufficient demonstrationfor the abolition of capital punishment. However, also, there is an opinion that the abolition ofcapital punishment in case of misjudgement is persuasive with reality. In this case, even if otherpunishments are discussed separately, once capital punishment is executed, it can be irrevocableunjustice because a nation itself commits a crime. According to this, I would like to find out causesof misjudgement in the criminal justice system through the cases of advanced countries, such asUnited states, Japan, which are rich in studies and case analysis related to misjudgement, andintroduce their efforts to prevent misjudgement in this paper.

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REFERENCES (24)
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* 2021년 이후 발행 논문의 참고문헌은 현재 구축 중입니다.

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