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배심평결규칙의 법심리학적 제 문제(하) -만장일치규칙과 다수결규칙-
이은로 ( Eun Ro Lee ),박광배 ( Kwang B. Park ) 한국형사정책학회 2007 刑事政策 Vol.19 No.1
This article is to review empirical studies on the verdict rule in the areas of psychology and behavioral sciences. The empirical results of most research on deliberation time, the timing for the first voting, voting frequency, evidence/verdict-driven deliberation style, handling the dissenters, robustness and genuineness of deliberation, jurors` satisfaction with deliberation process, and confidence in verdicts show that the jury decision rule affects deliberation process. Decision rule has been consistently proven to affect the final verdict. The agenda for future research and relevant methodologies that are thought to be useful for the rational design of the trial by jury in Korea are suggested in conclusion.
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배심평결규칙의 법심리학적 제 문제(상): 만장일치규칙과 다수결규칙
이은로 ( Eun Ro Lee ),박광배 ( Kwang B. Park ) 한국형사정책학회 2006 刑事政策 Vol.18 No.2
Introduction of lay participation trial system could raise many psychological and legal issues regarding fact-finding functions of a jury. One of those important issues is the appropriate rule for the decision or verdict on the guilt of the defendant: unanimity rule versus majority rule. The verdict by a jury has several characteristics that distinguish it from other kinds of collective decision making, especially those in political contexts. Collective decisions are often based on self-interested behaviors of constituents, voters, politicians, and government officials under consitutional rules. On the other hand, the task of a jury as a decision making group is primarily based on the concerns for finding material fact regarding the guilt of defendant rather than serving for the interests of the participants. The decision by jury should not only be democratic but also be accurate and efficient. Therefore, the issues regarding unanimity or majority rule for the decisions by jury go beyond normative or ideological considerations and should be rooted in empirical bases. The purpose of the present article is to set the ground for research and scientific investigation searching for the appropriate rule for the decision by the lay jury that will convene for criminal trials in Korea. To that end, we introduce public choice theory for the optimal rule for group decisions and other theoretical models predicting the effects of different rules. And legal issues surrounding the unanimity and majority rules for jury decision making are delineated and summarized. In our next study, a review of empirical studies on the verdict rules in the areas of psychology and behavioral sciences will be continued.
KCI
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