수형자의 인권과 그 한계

서지정보

ㆍ발행기관 : 한국교정학회 ㆍ수록지정보 : 矯正硏究 / 25권
ㆍ저자명 : 조준현

목차

수형자의 인권과 그 한계
Ⅰ. 서론
Ⅱ. 수형자의 권리와 이익의 한계
Ⅲ. 수형자의 기본적 인권과 보장한계
Ⅳ. 소결
참고문헌
ABSTRACT

영어 초록

This study treats the distinction between the prisoners' rights and mere priviliges. In other words, the purpose of this study is to indicate the prisoners' fundamental rights and difficulty of interpreting the law about prisoners' rights and to show the complex environment in which corrections exist. This study discusses many topics and problems treated by many countries' laws and rulings, pertinent to prisoners' rights and those limit, especially in the light of history of in the United States. Because throughout the history of corrections of that country, prisoners' have had comparatively few rights. Maybe the court's reluctance to interfere with prison management stemmed from the belief that such intrusions would only make the administration of correctional facilities more difficult to correct effectively (so to speak hands-off doctrine). Discussing the Inmate rights are frequently seen by the public as unnecessary expenses and luxries. Reflecting this kind attitude, for a long time the special penal-servitude relation theory had affected the theory and judiciary of western world, in the continental as well as in the anglo-american legal system. Today none upholds this old pattern theory, instead every citizen, including prisoners, has the catalog of inalienable rights. Consequently every government can restrict those rights reasonably related to interfere with legitimate penological interest, or legitimate penological objectives of the prison environment.

참고 자료

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