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KCI 등재
미국의 사형제도 개괄
Considering the Death Penalty in the United States
박용철 ( Yong Chul Park )
UCI I410-ECN-0102-2012-350-002432637

The United States of America is a country where the death penalty not only be provided in law as a form of ultimate punishment but be actively utilized. The yearly numbers of death row inmates executed have maintained relatively high since the number hits record high in the year of 1999 with the number, 98. Since the year of 1976, when the Country decided to resume executions, more than twelve hundred death row inmates have been executed. The supporters of the capital punishment take the horrific case of the United States of America as the main example why the system needs to stay status quo, meaning that the Ultimate Punishment should continue to exist as it is because it is being used in the Country of the most advanced democratic system in the world. Does that mean that the example of the United States can be applied to Korea? When it comes to the Constitution in that matter, the US Constitution takes totally different view from most of other countries on earth. That is, as long as it is "due" procedurally as well as substantively, taking someone`s life in the name of justice can be justified given the 8th Amendment and the 14th Amendment. The debates in the U. S. on the death penalty seems that it overlooks the essence of the Punishment. Ending someone`s life can never be humane no matter what method is used to minimize the pain coming with the Punishment. Also there is a problem of possible errors in the death penalty. Some scholars in the U. S. predict that capital punishment will be abolished sooner or later because the problems with it are too significant and too overt for the practice to survive. Because no one is able to dispute that the capital punishment leaves no room for any error, it requires the most completely reliable procedures. After all, the U. S. can never be a good example to maintain the death penalty. One of the best reasons is what is applicable under the U. S. law cannot be the precedent to follow give the vast difference in the letter of law and the other is that the death penalty itself is flawed in many ways. Therefore any attempt to use the U. S. as a supporting example to praise for the death penalty should never be made.

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