2019 ESSENCE 에센스 교정학 : 형사정책편

제1장 형사정책의 기초이론
제1절 개 관 ·························································· 10
01 형사정책의 개념 ···································· 10
02 형사정책의 의의 및 특성 ························ 11
03 형사정책의 유형 ···································· 12
04 형사정책의 한계 ···································· 13
제2절 형사정책학 ··············································· 14
01 형사정책학의 체계적 지위 ····················· 14
02 형사정책학의 특성 ································· 14
03 형사정책학의 구성요소 ························· 15
04 형사정책학과 인접학문 ························· 16
05 형사정책학의 연구방법 ························· 18
제2장 형사정책의 연혁
제1절 고전학파 ··················································· 25
01 개 요 ······················································ 25
02 형법개량운동 ········································· 28
03 감옥개량운동 ········································· 32
04 재판의학 및 재판사례연구 ····················· 36
05 고전학파의 평가 ···································· 36
제2절 실증주의학파 ··········································· 38
01 개 요 ······················································ 38
02 제도학파 ················································ 39
(지도학파?범죄지리학파?범죄통계학파)
03 이탈리아 실증학파 ································· 40
04 프랑스 환경학파(리용학파) ······ 45
05 독일 사회학파 ········································ 50
제3절 범죄사회학파 ··········································· 53
01 개 요 ······················································ 53
02 다원인자론 ············································ 54
03 문화전달에 중점을 두는 이론 ················ 55
04 사회갈등에 중점을 두는 이론 ················ 65
05 사회구조에 중점을 두는 이론(긴장이론) ·· 70
06 사회통제(사회심리)에 중점을 두는 이론 ·· 79
제4절 범죄학의 새로운 동향 ····························· 88
01 억제이론(법률적 통제) ··························· 88
02 합리적 선택이론 ···································· 90
(Rational Choice Theory)
03 낙인이론(Labeling Theory) ················· 92
04 비판범죄학(Critical Criminology) ······· 98
제5절 형사정책의 새로운 동향 ························· 104
01 범죄인?수형자의 인권강조 ·················· 104
02 범죄방지대책의 합리화 ························· 104
03 형벌의 일반예방기능의 강조 ················· 104
04 응보적 회귀 경향 ··································· 105
05 비범죄화(Decriminalization) ··············· 105
06 비형벌화(Depenalization) ··················· 108
07 중간처우 및 사회내처우제도의 발전 ······ 109
제3장 형사정책학의 연구대상
제1절 범 죄 ·························································· 110
01 범죄의 개념 ··········································· 110
02 (신규)범죄화(Criminalization) ············· 112
03 과잉범죄화 ············································ 113
04 일탈행위 ················································ 113
05 범죄의 분류 ··········································· 114
06 암수범죄 ················································ 115
제2절 범죄인 ······················································· 122
01 범죄인의 의의 ········································ 122
02 범죄인의 분류 ········································ 122
제3절 피해자 ······················································· 131
01 개 요 ······················································ 131
02 피해자학(Viktimologie) ······················· 133
03 피해자의 분류 ········································ 137
04 범죄피해자의 특징 ································· 139
05 형사절차에서의 피해자 보호 ················· 140
06 범죄피해자보호법 주요내용 ·················· 141
제4장 범죄원인론
제1절 범죄원인 연구의 접근방법 ····················· 149
01 소질설과 환경설 ···································· 149
02 일원론과 다원론 ···································· 150
03 일반화이론과 유형화이론 ······················ 151
04 비결정론과 결정론 ································· 151
05 생물학적 원인론 ···································· 152
?심리학적 원인론?사회학적 원인론
06 미시적 환경론과 거시적 환경론 ············· 153
07 합의론과 갈등론 ···································· 153
제2절 범죄원인의 생물학적 접근 ····················· 155
01 유전과 범죄 ··········································· 155
02 신체적 특징과 범죄 ································ 162
03 뇌기능장애와 범죄 ································· 165
제3절 범죄원인의 심리학적 접근 ····················· 167
01 심층심리와 범죄 ···································· 167
02 성격과 범죄 ··········································· 169
03 기타 심리학적 범죄원인론 ····················· 170
제4절 범죄원인의 정신의학적 접근 ················· 173
01 정신장애와 범죄 ···································· 173
02 알코올과 범죄 ········································ 176
제5절 범죄원인의 개인환경적 접근 ················· 178
01 가정과 범죄 ··········································· 178
02 화이트칼라(White Collar)범죄 ············· 181
제6절 범죄원인의 사회환경적 접근 ················· 183
01 경제환경과 범죄 ···································· 183
02 전쟁과 범죄 ··········································· 186
제7절 범죄원인의 문화환경적 접근 ················· 187
01 매스미디어와 범죄 ································· 187
02 종교와 범죄 ··········································· 189
제8절 특수한 형태의 범죄 ································· 190
01 여성범죄(페미니스트 범죄학) ················ 190
02 직업범죄 ················································ 193
제5장 범죄대책 일반론
제1절 개 관 ·························································· 195
01 범죄대책의 의의 ···································· 195
02 범죄대책모델 ········································· 195
제2절 범죄예방 ··················································· 198
01 범죄예방의 의의 및 모델 ······················· 198
02 초범예방을 위한 대책 ···························· 199
03 재범방지를 위한 대책 ···························· 201
제3절 범죄예측 ··················································· 204
01 의 의 ······················································ 204
02 범죄예측의 전제조건 ····························· 204
03 연 혁 ······················································ 205
04 범죄예측방법 ········································· 206
제6장 형사사법 정책론
제1절 개 관 ·························································· 210
01 형사사법 정책론의 의의 ························ 210
02 형사사법절차 ········································· 210
03 다이버전(전환) ······································ 211
04 경찰의 수사권 독립 문제 ······················· 213
제2절 각종 유예제도 ·········································· 215
01 기소유예 ················································ 215
02 선고유예 ················································ 217
03 집행유예 ················································ 219
제3절 양형과 형사정책 ······································ 224
01 개 요 ······················································ 224
02 양형의 합리화방안 ································· 226
제4절 회복적 사법 ·············································· 236
01 개 요 ······················································ 236
02 연 혁 ······················································ 238
03 회복적 사법의 이론적 검토 ···················· 240
04 회복적 사법의 실천모델 ························ 241
05 평 가 ······················································ 242
제7장 형벌론
제1절 개 관 ·························································· 244
01 개 요 ······················································ 244
02 형벌의 본질(목적) ·································· 245
03 죄형법정주의와 형벌의 종류 ················· 249
제2절 사형제도 ··················································· 251
01 의의 및 본질 ·········································· 251
02 연 혁 ······················································ 251
03 사형존폐론 ············································ 252
04 각국의 사형제도 현황 ···························· 254
05 사형제도의 위헌문제 ····························· 255
06 우리나라의 사형제도 ····························· 257
제3절 자유형제도 ··············································· 258
01 의의 및 본질 ·········································· 258
02 연 혁 ······················································ 259
03 자유형의 집행방법 ································· 260
04 자유형의 종류 ········································ 261
05 자유형의 문제점 ···································· 262
06 자유형의 개선방안 ································· 263
제4절 재산형제도 ··············································· 270
01 의의 및 연혁 ·········································· 270
02 재산형의 종류 ········································ 271
03 재산형의 문제점 및 개선방안 ················ 276
04 노역장유치(환형처분) ···························· 280
제5절 명예형제도 ··············································· 284
01 의의 및 연혁 ·········································· 284
02 명예형의 종류 ········································ 284
03 명예형의 문제점 ···································· 285
제6절 형의 양정?시효?소멸?경중 ·············· 287
01 형의 양정 ··············································· 287
02 형의 시효 ··············································· 288
03 형의 소멸 ··············································· 289
04 형의 경중 ··············································· 292
제8장 보안처분론
제1절 개 관 ·························································· 294
01 보안처분의 의의 ···································· 294
02 보안처분의 필요성 ································· 295
03 보안처분의 정당성 ································· 295
04 보안처분의 연혁 ···································· 296
05 보안처분의 기본원리 ····························· 299
06 보안처분의 전제조건 ····························· 301
07 보안처분과 형벌과의 관계 ····················· 302
08 보안처분과 사회방위이론 ······················ 305
제2절 보안처분의 종류 ······································ 309
01 대인적 보안처분 ···································· 309
02 대물적 보안처분 ···································· 314
제3절 현행법상 보안처분 ·································· 315
01 현행법상 보안처분의 특징 ····················· 315
02 형법상 보안처분 ···································· 315
03 소년법상 보안처분 ································· 316
04 치료감호 등에 관한 법률상 보안처분 ····· 317
05 보호관찰 등에 관한 법률상 보안처분 ····· 328
06 보안관찰법상 보안처분 ························· 329
07 성폭력범죄자의 성충동 약물치료에 ······· 331
관한 법률상 보안처분
제9장 소년범죄론
제1절 개 관 ·························································· 340
01 소년범죄의 의의 ···································· 340
02 소년보호의 이념 ···································· 342
03 소년보호의 원칙 ···································· 342
04 소년교정의 모형 ···································· 345
05 소년범죄의 현대적 특징 ························ 346
06 현대 소년사법의 경향 ···························· 347
07 소년범죄의 원인 및 대책 ······················· 349
제2절 소년법상 소년범죄대책 ························· 351
01 개 요 ······················································ 351
02 보호처분 ················································ 355
03 형사처분 ················································ 366
04 비행예방 및 벌칙 ··································· 372
제3절 보호소년 등의 처우에 관한 ···················· 374
법률상 소년범 처우
01 총 칙 ······················································ 374
02 수용?보호 ············································ 375
03 교정교육 ················································ 381
04 출 원 ······················································ 382
부 록 색 인 ···························································· 386