인간의‘마음’속성을 통해서 본 현대 행형목적의 비판

It has been one hundred years since we enforced rehabilitation inducing the modern execution of a sentence system. at this point, we need to reflect on that how much effectiveness the policy has had. because now we are facing a difficult state that the rate of second offense is exceeding fifty percent and the term of a second crime is shorting. That is, it seems the we have a crisis in the rehabilitation policy which has been based on the idea of special-prevention. some even doubt on the rehabilitation policy it self. Nevertheless, we are putting much effect, expense and workforce in it without either modifying or giving up the policy. Moreover, the growth of human rights and the tendency of liberalism in the society is influential to the prison. And forgetting all the cruel and wretched crimes the committed, prisoners are complaining insisting their human rights, though they should atone for their crime. Overwhelmed by the social currents, they have made total amendment, so that prisoner have some to have more relaxant and comfortable imprisonment. After all these complex situations have made rehabilitation more difficult. But crime is not just cause and effect like in natural science. It has a filter that can be called the mind[human-nature] between the cause and effect. And though the ‘filter’, the cause have a result, the criminal can control his mind or not, he can establish an effective execution of a sentence policy. If criminal prevention has mind on the cause, the rehabilitation by way of education can be a right way, but if not, the mind can be difficult to be re-corrected. So, I think the execution of a sentence policy alone limited on the nature of penalty - to make them feel feared - can have an effect.