• Title/Summary/Keyword: offender responsibility

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The Effect of Victim Typicality on the Judgment of Dating Violence Cases (데이트 폭력 사건 판단에서 '피해자다움'의 영향)

  • Hayeon Lim;Jisun Park
    • Korean Journal of Culture and Social Issue
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    • v.29 no.3
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    • pp.305-320
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    • 2023
  • Research on offense judgment differing by victim typicality has usually focused on sexual violence, and studies on victim typicality of dating violence remain scarce. However, the social concern for the recent increase of dating violence cases demands research on social stereotypes of dating violence victims, especially focusing on how they affect judgments of dating violence cases. We examined if judgment of dating violence cases differed by victim typicality. The results based on 160 adults (80 females and 80 males) showed that the higher the level of victim typicality, the more seriously the offense was evaluated. In addition, the level of offense seriousness mediated the relationship between victim typicality and judgment of offender responsibility and victim blame. The higher the level of victim typicality, the more seriously the offense was evaluated, and the bigger the offender responsibility and the less the victim was blamed. Finally, we discussed policy implications of the study for preventing secondary victimization in criminal proceedings and developing education programs for jurors.

Nursing Students' Knowledge, Attitudes, Perceived Behavior Control and Intention to Report Cases of Child Abuse (간호대학생의 아동학대 지식, 태도, 지각된 행위통제력과 아동학대 사례별 신고의도)

  • Cho, Kyung-Mi;Kim, Eun-Joo
    • Child Health Nursing Research
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    • v.22 no.2
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    • pp.145-152
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    • 2016
  • Purpose: This study was designed to explore nursing students' knowledge, attitudes and intention to report cases of child abuse. Methods: A descriptive research design was used with a convenience sample of 202 nursing students. After explaining the purpose of the study, participants who signed the consent form were asked to complete a self-descriptive questionnaire, which included the Child Abuse Intension Scale (CARIS). Results: The number of correct answers for knowledge of child abuse and the law was 7.0 /13. The mean scores were, for attitude toward childrearing belief and discipline, $17.1{\pm}5.2$, for punishment and culpability of offender or victim, $24.6{\pm}4.1$, for professional responsibility, $30.5{\pm}5.1$, and for perceived behavioral control, $25.3{\pm}5.0$. The intended reporting behavior differed significantly by severity of abuse. Factors influencing the intention to report child abuse were attitude towards punishment of parents, professional responsibility, and perceived behavioral control ($R^2$=.133). Conclusion: On the basis of our finding, developing education programs to help nursing students detect child abuse and improve reporting rates is important. Thus, we suggests that nursing students be provided with educational protocol for detection and reporting of child abuse.

A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment (치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로-)

  • Cho, In-Ho
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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The influence of rape myth on evaluating rape victim and perpetrator: focusing on moderation effect of victim's deviant behavior (판단자의 강간통념이 강간사건 피해자와 가해자에 대한 판단에 미치는 영향 - 강간 사건 전 피해자의 일탈행위 여부의 조절효과 -)

  • Kim, Bo Kyung;Kim, Beom Jun;Choi, Jong An
    • Korean Journal of Forensic Psychology
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    • v.11 no.3
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    • pp.309-327
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    • 2020
  • Rape myth acceptance may influence victims are treated and perpetrator blamed and sentenced. And this relationship could be moderated by victim's deviant behavior before rape such as teenage running away from home or drinking alcohol. The present study examined the relationship among rape myth, deviant behavior, blaming victim, pain of victim, responsibility and blame for perpetrator and punishment for the perpetrator. Findings suggest that participants with high rape myth acceptance compared to participants with low rape myth acceptance blamed victim more and blamed and thought responsible the perpetrator less. And this relationship was only significant when the victim had deviant behavior before rape happened. This result shows that specific information(deviant behaior) about victim could trigger rape myth to blame victim and judge the perpetrator leniently. The suggestions for future research and limitations were discussed.

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An Qualitative Study on Correctional institution Counselors' Perception of Ex-Offender's Experience regarding Reintegration into Family (수감자의 출소 후 가족복귀 경험에 관한 교정기관 상담자의 인식)

  • Dong Hun Lee ;Su Eun Kang ;Seung Hee Jee
    • Korean Journal of Culture and Social Issue
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    • v.22 no.4
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    • pp.595-622
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    • 2016
  • This study aims to understand the process of family reunion of the ex-offenders. To this end, Korea Rehabilitation Agency under Ministry of Justice and Healthy Family Support Center conducted intensive interviews with ex-offenders, their families and with 8 counselors who are in charge of ex-offenders and their families' residential, psychological, and educational support. The data collected through the interviews were analyzed by Consensus Qualitative Research(COR). The followings are the results: the counselors found out that most of ex-offenders had experienced unhappy childhood which was lack of healthy relationship with their parents. Secondly, counselors noticed a common feature among the families of ex-offenders. The common feature was that they keep the fact that one of their parents was imprisoned to their children as a secret. Thirdly, through the data analysis, counselors could understand various factors that affect reunion of ex-offenders' families: the factors that helped successful reunion were ex-offenders' sense of responsibility, open and healthy communication among family members, and mutual understanding of being a good family member, whereas, irresponsible dependance to other family members, denier and avoidance from the family members against ex-offenders, and lost sense of being a family member were the factors that discouraged the reunion. It turned out that the kinds of crime that ex-offenders committed also affected family reunion. The processes of reunion were easier for those who served their time with fraud, embezzlement, whereas, it was much more challenging for those who served their time with rape, violence, or murder. Fourthly, counselors learned that "relaxation" is the key factor in the process of reunion of ex-offenders' families. They also emphasized that there should be thorough monitoring process before the intervention in the reunion process. This study contributes in terms of finding healthy ways of intervention with ex-offenders' families and developing programs that help ex-offenders to recover their relationship with their family.