형사소송에 있어서의 ‘Due Process’의 구현

Due process in Korean criminal justice system seems to be basically similar to that of U.S. demanded in exercising the right of punishment according to constitutional law. Therefore, the goal of this study is to present ideology that should be headed for on the basis of Due process of U.S. The followings are about ideology of due process had to be pursued such as the right to get a lawyer of client, Exclusionary Rule, and Confession Rule. They were figured out by examining the development of Due process in the criminal justice system of U.S. First, the plan to adopt the right to demand compensation or complement in legislating should be considered to develop the right of defense and to solve the problems relating to the right to get a lawyer, mistake in pleading, and a court-appointed lawyer. Second, it seems to be too much radical that the revision of criminal procedure includes the Exclusionary Rule in comparison to development of the rule in U.S. The provision of Exclusionary Rule could be able to cause lots of troubles. Therefore, the judges and lawyers have to be considerate to create the laws with their knowledge and wisdom. Third, the core part of Miranda Rule, made in an epoch of revolution of criminal law, should be observed even though there could be limitation in applying the rule.