변호인과 양형: 살인 사건에 있어 국선 변호인과 사선 변호인의 역할과 영향 분석 = Attorneys and Sentencing: The Effect of Defense Counsel on Homicide Offenses

다국어 초록 (Multilingual Abstract)

The purpose of this study is to identify the sentencing factors that vary according to the type of counsel, based on the previous study that the sentence deviation occurs according to the type of counsel. To this end, information on attorneys, prosecutors, and judges in charge of information of cases about 1421 incidents in the first instance of murder and attempted murder were used, As a result of the multiple regression analysis for the cases of the private attorneys, attorney’s career, prosecutor’s career and victim information showed the significant effect on the length of sentence. In contrast, the cases of the public attorneys, offender’s information(age) had a significant influence.
This result revealed that jungwanyeoo(revolving door attorneys) and power of connection of the courtroom players were not a main factor on sentencing result on homicide offense. Lawyer’s information is only related to the cases which were handed by private attorneys. In case of the homicide cases handed by public attorney, the result was influenced by only the offender’s information. More detailed findings and policy implication will be discussed in the main text.

참고문헌 (Reference)

1 이지은, "판사와 변호인 간 사회적 자본이 판결에 미치는 영향 연구" 한국형사정책학회 26 (26): 135-162, 2014

2 박미랑, "양형기준 밖의 양형요인으로서 법조인 연구: 살인범죄군을 중심으로" 한국경찰연구학회 17 (17): 101-130, 2018

3 박미랑, "살인 범죄 양형 편차, 누구의 영향력인가?: 사건 당사자와 법정행위자 집단, 그리고 법원조직 특성의 영향력 비교" 대검찰청 (55) : 238-282, 2017

4 박미랑, "법원 조직 특성에 따른 정의? - 살인미수 양형선고에 있어서 법원 조직 특성의 영향력 연구 -" 대한범죄학회 11 (11): 169-198, 2017

5 Champion, D., "private counsels and public defenders : A look at weak cases, prior records, and leniency in plea bargaining" 17 : 253-263, 1989

6 Cohen, T., "Whois better at defending criminals? Does type of defense attorney matter in terms of producing favorable case outcomes" 25 (25): 29-58, 2014

7 Levin, M., "Urban politics and the criminal courts" University of Chicago Press 1977

8 Johnson, B., "The multilevel context of criminal sentencing: Integrating judge-and country-level influences" 44 : 259-298, 2006

9 Choi, Hansoo, "Revolving Door Attorneys and the Power of Connections: Evidence from Korea"

10 Feeney F., "Public defenders, assigned counsel, retained counsel: Does type of criminal defense counsel matter?" 22 : 361-456, 1990

11 Kanter, R., "Men and Women of the Cooperation" Basic Books 1977

12 Oaks, D., "Lawyers for the poor, In the scales of justice" Aldine 1970

13 Hanson, R., "Indigent defenders: get the job done and done well. submitted state justice institute by nation center for state courts"

14 Shierholz, H., "Free of charge: The take-up and consequences of indigent criminal defense services"

15 Choi, Hansoo, "ESSAYS ON BUSINESS GROUPS AND THE JUDICIARY IN SOUTH KOREA" University of Pittsburgh 2014

16 Huang, K., "Does the type of criminal defense counsel affect case outcome? :A natural experiment in Taiwan" 30 : 113-127, 2010

17 Johnson, J, "Does repeat play elicit cooperation? Evidence from federal civil litigation" 31 : 39-60, 2002

18 Hartely, R., "Do you get what you pay for? type of counsel and its effect on criminal court outcomes" 38 (38): 1063-1070, 2010

19 King, R., "Demography of the legal profession and racial disparities in sentencing" 44 (44): 1-32, 2010

20 Harlow, C. W., "Defense counsel in criminal cases (NCJ179023)"

21 Haynes, H., "Courtroom workgroups and sentencing: the effect of similarity, proximity, and stability" 56 : 26-161, 2010

22 Ulmer, J., "Court communities under sentencing guidelines : Dilemmas of Formal Rationality and sentencing Disparity" 34 : 399-, 1996

23 Wice, P., "Chaos in the courtroom : The inner workings of the urban municipal courts" Prager 1985

24 Colvin, A., "An empirical study of employment arbitration : cases and outcomes and processes" 8 : 1-23, 2011

25 Casper, J., "American Criminal Justice: The defendant’s perspective" Prentice Hall 1972