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학술논문법학연구2024.03 발행

Study on Prospect Theory and Specific Denial

Study on Prospect Theory and Specific Denial

박종렬(광주여자대학교 경찰법학과); 노상욱(중부대학교 경찰법학과)

24권 1호, 149~168쪽

초록

The purpose of this research is to contribute to actual problem solving of how much to consider reliability of partial denial in fact finding by identifying why the accused who committed many crimes only deny partial crime. For the research method, it explains generalization of prospect theory, features of number of cases of partial denial, filing and premise of miscarries of judgment, description of partial denial based on prospect theory, advantages and disadvantages of prospect theory and theory of miscarries, and practical meaning of prospect theory. The practical meaning of prospect theory is that how it is important to have evidential justice in criminal trial. Also, it may help communicating with the accused. Based on the standing point of the accused, one’s attitude may change. This deliver implications to the attorney who needs to have closer communication with the accused for the defense.

Abstract

The purpose of this research is to contribute to actual problem solving of how much to consider reliability of partial denial in fact finding by identifying why the accused who committed many crimes only deny partial crime. For the research method, it explains generalization of prospect theory, features of number of cases of partial denial, filing and premise of miscarries of judgment, description of partial denial based on prospect theory, advantages and disadvantages of prospect theory and theory of miscarries, and practical meaning of prospect theory. The practical meaning of prospect theory is that how it is important to have evidential justice in criminal trial. Also, it may help communicating with the accused. Based on the standing point of the accused, one’s attitude may change. This deliver implications to the attorney who needs to have closer communication with the accused for the defense.

발행기관:
한국법학회
DOI:
http://dx.doi.org/10.57057/LawReview.2024.03.24.1.149
분류:
법학

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