미국의 배심제도

• 영문명: The Jury System in the United States
• 발행기관: 국가위기관리학회
• 저자명: 조성제 승재현
• 간행물 정보: 『국가위기관리학회보』제5권 제1호, 49~66쪽, 전체 18쪽
• 주제분류: 사회과학 > 행정학
• 파일형태: PDF
• 발행일자: 2013.08.31

영문 초록

The jury system of US guarantees of principle of prosecution by grand juror and maintains examining the fact by petty juror in principle. The trial by jury is usually divided into grand juror & petty juror in judging convict or innocence of the accused. In general, jury means petty juror. One of the interesting points of jury system of US is that US is the only country which guarantees right of trial by jury as basic right of Constitutional Law in federation and each state if suit value exceeds US$ 20 in civil & criminal case. As the trial method of tribunal in common law, trial by jury refers to trial procedure by cooperation of judge and 12 jurors selected among the citizen. The Article 6 of Federal Constitutional Law grants all of the accused right of trial by jury. The Federal Supreme Court has interpreted that the meaning of trial by jury in the above rules is that whether the accused is guilty or innocent must be judged by jury whether case whose maximum penalty allowable by law is death penalty or not without including assessment of a case by jury. Thus, according to the judicial case of Federal Supreme Court, the accused has no right of assessment of a case by jury or the participation of jury in the case of trial by jury. However, this does not mean that the right of assessment of a case should be granted to judge only or assessment of a case by jury or the participation of jury in the assessment of a case should be prohibited in the case of trial by jury. Further, no decision of Federal Supreme Court in such judgment is not found.

목차

I. 서론

II. 미국 배심제의 성립 배경

III. 미국의 형사배심제도

IV. 미국의 양형 배심제도

V. 결어 -최근 양형 배심에 관한 미국 연방 대법원 판례입장

참고문헌

키워드

배심제 대배심 소배심 양형 형사배심 Jury system Common law Jury system of US Federal Supreme Court Grand jury