포렌식 미란다 원칙과 절차적 정의

In recent years, the concept of procedural justice has attracted much attention. The procedural justice seeks legitimacy beyond the legality of law enforcement by pursuing cooperations with and supports from citizens and therefore encouraging voluntary compliances. More specifically, the procedural justice includes strengthening citizens' participation in the process of law enforcement, ensuring the neutrality of decision-making, emphasizing law enforcement with dignity and respect, and clarifying the motives of law enforcement. Various empirical studies of procedural justice have demonstrated that procedural justice increases the procedural satisfaction of citizens who contact law enforcement officers. In South Korea, efforts have also been made to apply procedural justice to the field practice. However, the discussion of procedural justice is mostly limited to the police officers' initial or early stages of law enforcement, such as police crackdowns or complaints. As the discussion of procedural justice is rather narrow, this paper argues that there is a strong need for more active discussion in the field of forensics. A wide range of forensic techniques are used in police activities in modern society, and they are increasingly important. However, ordinary citizens cannot understand in detail the principles and limitations of forensic techniques. In addition, because the government monopolizes most of forensic resource, and it is difficult for citizens to have minimal access to forensic. Therefore it is required to address this imbalance in the forensic sector by implement the concept of procedural justice. This paper discusses the Miranda decision of the U.S. Supreme Court and reviews ways to increase procedural justice in the field of forensics. Miranda's decision mandated the investigating agency to explain and notify the accused of constitutional rights. This is because a large number of suspects in the 1960s in fact lacked an concrete understanding of the constitutional rights guaranteed in criminal process. In a similar vein, this paper argues that the investigating agency need to provide the suspect with a more detailed description of the forensic evidence used in criminal process. Since most people have difficulty in understanding forensic evidence, the idea of Miranda's decision is even more critical in the forensic field. Forensic Miranda help to reinforce procedural justice in the field of forensics.