학술논문

三振法案對不得假釋受刑人在監服刑之影響 / The Impact of Implementation of Three-strikes Law on the Prison-service of Inmates Serving Unparolable Sentence
Document Type
Article
Source
國防大學通識教育學報 / The Journal of National Defense University General Education. Issue 9, p69-90. 22 p.
Subject
三振法案
重罪累犯
不得假釋
監禁痛苦
Three-strike law
Felony recidivism
without parole
Institutional dependence
Language
繁體中文
ISSN
2223-3547
Abstract
This paper studies the implication of the 'Three-Strikes Law (promulgated on July 1^(st),2006)' to the inmate. Hence, both the number of inmate and the workload of prison management are increased. It is a very difficult problem for correctional institutions. Is it because of the pressure of legislators based on public opinion? In order to meet society's expectation of deterring crime with heavy punishment. Through the provisions of three-strike law. On the other hand, the criminal's recidivism. Alternatively, is there a result of other fairness and justice? The main motivation for investigator research. The purpose of the study was to understand how the inmates under the three-strike law were subjected to implication after they entered the correctional institutions. How to adapt to deprivation. Moreover, this paper will discuss the future expectations. The paper, through semi-structural interviews, records the experiences of 8 inmates with long term imprisonment due to the 'Three-Strikes Law'. Generally, these inmates have some similar characters. (1)The attachment to the prison or institutional dependence can be formed in these inmates. (2)The ability of adapting prison life can be affected by family support. (3)The sense of sentence are low. (4)The correctional function of the prison is unreliable. (5)The knowledge of subculture can be acquired from inside and outside the prison. (6)Dying in the prison is the greatest impact. (7)The abrogation of 'Three-Strikes Law' is expected. Thus, the following suggestions are expected to be a proposal or an amendment of coming policy. (1)Self-run fund of the prison should be expanded by labor-work fund to strengthen the vocation training that helps their further career. (2)The sentence guideline should be established, therefore those without parole of judgment can be returned to judges. (3)The Polarized criminal policy is necessary to be reviewed and be implemented strictly. (4)The affiliated measures for the inmates without parole shall be improved to avoid the repetition of Kaohsiung Prison event. For Felony recidivism without parole inmate. In addition to reliance on various kinds of corrections. Still need to integrate to improve other affiliated measures, Can be effective correction, improve the occurrence of their recidivism, provide specific suggestions, As the development and revision of future criminal policy.

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