형사사법의 담론과 법원운용의 시스템

Generally, criminal justice is administered by lawyers in modern states. Courts consist of judge, prosecutor and advocate, whose job is to interpret the law and apply it to their cases. While lawyer's discourse still prevails, others appear in the stage of criminal justice recently. Therapeutic jurisprudence is an alternative theory proposed by behavioral scientists including psychologists and psychopathologists. According to their views, the law is a social force that can produce therapeutic or anti-therapeutic consequences. So criminal justice should be concerned in curing criminals of their individual defects inclining to criminal behaviors. Another theory criticizing traditional discourse is drawn up by the victim's side, which has been treated lightly as compared to the criminal's side. Proponents of victim's rights claim a victim's share in practicing criminal justice. Along with them, the spokesmen of community also participate in complaining of lawyer's negligence. They demand that criminal justice should be administrated in favor of community. So-called community justice is a device for reflecting community's interests in criminal justice. The last alternative is somewhat revolutionary plan to restore trust by practicing criminal justice. According to restorative theory, current criminal justice contrives to repay state's distrust for criminal's distrust so that it deserves to be named as destructive justice. New theories and discourses of criminal justice also propose new court systems. Therapeutic jurisprudence designs the management system of drug court and mental health court, while victim perspective provides family violence court with it's theoretical bases and technical methods. In addition, community court relates to community justice, and restorative theory comes up with a plan to transform a court into a mediation committee.