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Electronic Monitoring Expansion Plan to Prevent Recidivism of Juvenile Offenders

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(4), pp.11-34
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 8, 2024
  • Accepted : November 27, 2024
  • Published : November 30, 2024

Kim, Jae-Han 1

1목포대학교

Accredited

ABSTRACT

Currently, our society is experiencing a continuous increase in violent crimes committed by juveniles and the decreasing age of juvenile offenders, and various discussions are taking place to establish measures to prevent juvenile crimes. However, along with concerns about stricter punishment, there is a lack of sufficient understanding from the public. Electronic monitoring was introduced for the purpose of protecting social safety and preventing recidivism by tracking the location of the subject. According to previous studies and various statistics, the recidivism rate has decreased significantly since the implementation of electronic monitoring, showing that it is effective in preventing recidivism. In most areas of Korea, problems of overcrowding and overwork occur. A direct way to solve these problems is to expand facilities, but this is a method with very low feasibility in the current situation. Considering these points, there are significant advantages to accurately identifying a target's location at low cost through electronic devices. And electronic monitoring as an alternative to detention also has clear positive effects in terms of social rehabilitation of minors. Juvenile offenders are vulnerable to the negative effects of detention, and the consequences are more fatal than for adults. It is worth considering the use of electronic monitoring. We have seen in foreign cases that the effectiveness of probation for juveniles increases when combined with electronic monitoring. In addition to the stay-at-home order currently in effect in Korea, implementing electronic monitoring in parallel can be considered. However, it is necessary to find improvement measures to solve the problem of high risk of violating the right to sleep and the right to education. In addition, in order to minimize the occurrence of side effects due to stigma, the introduction of electronic monitoring using smart devices for location tracking can be considered. The ultimate purpose of juvenile probation is not punishment for violations, but re-socialization. Therefore, in order to introduce electronic monitoring, it is necessary to first secure all resources to ensure the effectiveness of electronic monitoring and establish a supervision system that can substantially reduce the possibility of harm and the risk of recidivism by implementing electronic monitoring in parallel.

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