- 學位論文
警察對於死刑存廢之態度－以北部地區某縣市警察局為例
A study of police attitude toward the abolition of the Capital Punishment - An example of one northern Taiwan police department.
摘要
警察對於死刑存廢的態度，具體反應在刑事政策上是否擁有正確觀念－因為爭議最多！警察死刑存廢觀涉及民眾權益，過去未曾有人做過深入探討。我國成文法規範有關逮捕和詢問嫌疑犯實務上由警察主導，而警察的陞遷、考績及獎懲等，跟報案量與破案量之比例、案情大小直接相關，導致警察有誘因作假，足以影響案件偵辦，對於人權的影響舉足輕重。透過研究警察對於死刑存廢的態度，檢視其死刑存廢觀對於刑事司法體系之影響，以作為警政與刑事司法改革參考。此外，我國現今係以逐步廢除死刑為刑事政策走向，司法改革方向與警察死刑觀之間落差的問題有必要加以探討，藉由研究警察與一般民眾死刑存廢態度差異獲得解答。 本研究以北部地區某縣市警察局具有警察官任用資格之編制內員警為研究對象。問卷設計主要參考2006年第一次社會意向電話調查有關死刑態度問題，及法務部犯罪問題研究中心於1993年所做《死刑存廢之研究》問卷當中之司法官版問卷，並經專家學者建議，完成本研究問卷編製。使用因素萃取、獨立樣本t檢定、單因子變異數分析、迴歸分析等統計方法，找出影響警察死刑存廢觀之關鍵因素，及警察與民眾死刑存廢觀差異為何，作為相關政策參考。 研究發現：非現職外勤工作、對法律功能持負面看法、刑求接受度較高、支持社會契約觀、不認同減少死刑使用、重視犯罪人受到法律制裁或受害者得到合理補償甚於嫌犯權益、認同死刑有刑罰威嚇之一般預防功能、採取較嚴格之刑事政策立場、認同判處死刑對扼止重大犯罪有幫助、發生誤判仍會支持死刑、認同執行死刑對社會治安有幫助之員警，傾向使用死刑制度；親友觸犯死罪或重大犯罪被害有13%-35%的員警，會改變死刑存廢意向。民眾與警察在死刑各項議題上大多有顯著差異，惟「反對死刑改為法官一致決」、「反對法務部暫時停止執行死刑」、「反對廢除死刑」、「犯綁架案但沒有殺人不應判處死刑」、「販賣大量毒品但沒有殺人應判處死刑」警民具有高度共識。 研究建議：加強非現職外勤工作者之教育訓練、實施修復式司法與提升被害人保障、提升警察人權教育、妥適擬定刑事妥速審判法配套措施。
並列摘要
Police attitude toward the abolition of the Capital Punishment is the specific reaction in Crime Policy if police have the correct concept – Because it’s the most controversial! Police attitude toward the abolition of the Capital Punishment involves the rights of people; this had never been done in-depth discussions in the past. Arrest and interrogate suspects by the police-led in fact was ruled in Taiwan’s statutory provisions. Promotion, performance appraisal, rewards and punishments of the police is directly associated with the amount of report, proportion of the detection and the severity of the case. Cause that the police have an incentive to fraud, enough to affect the cases of investigation, important for the human rights impact. Through researching police attitude toward the abolition of the Capital Punishment to view the impact of the Criminal Justice System as a reference of Policing and Criminal Justice reform. In addition, the gradual abolition of the Capital Punishment as a Crime Policy is taking in Taiwan now. Toward the gap between the direction of judicial reform and police concept of Capital Punishment needs to be explored by researching police and the general public of the Capital Punishment attitude differences. In this study, object of study is one northern Taiwan police department with the establishment of the appointing qualified police. The main reference for the design of the questionnaire was the Capital Punishment attitudes of "Social Image Survey in Taiwan: the Initial Regular Survey of 2006" and the Judges' version of the questionnaire in "The Study of Capital Punishment retention or abolition", which Ministry of Justice Crime Research Center made in 1993. The questionnaire of this study was completed by expert scholars’ suggestions. To identify the key factors affecting the Police attitude toward the abolition of the Capital Punishment and finding out police and the general public of the Capital Punishment attitude differences as a reference for relevant policies, this study used factor analysis, independent sample t-test, one-way ANOVA, multiple regression analysis and other statistical methods. The results showed the following : The police who tended to use the Capital Punishment system was the field work of the non-serving, had a negative view of the legal function, accepted a higher degree of torture, supported the social contract concept, agreed not to reduce Capital Punishment use, put emphasis on the offenders being subject to legal sanctions or the victims receiving a reasonable compensation rather than suspects interests, agreed that the Capital Punishment for deterrence of the general preventive function, adopted more stringent crime policy stance, agreed with the imposition of the Capital Punishment to help deter serious crime, miscarriage of justice will continue to support the Capital Punishment, agreed that the Capital Punishment help in the social order. Friends and relatives for committing a capital offense or a serious crime victims had a 13% -35% of the police, will change the Capital Punishment attitude., Many of the public and the police in the issues of the Capital Punishment were significantly different. But "against the Capital Punishment Judges unanimously decided instead", "opposed to the Ministry of Justice temporarily stop the Executive conducted the Capital Punishment", "opposed to the abolition of the Capital Punishment", "guilty of kidnapping cases but no murder should not be sentenced to Capital Punishment", "trafficking in a large number of drugs but no murder should not be sentenced to Capital Punishment", the police and the public had a high degree of consensus. Research suggestions: Education and training to strengthen the non-serving field workers; the implementation of Restorative Justice and enhance victim protection; to enhance police’ human rights education; appropriate to develop the Criminal Speedy Trial Act supporting measures.