摘要
受實證犯罪學派理論之影響，美國原採醫療模式之矯治方法，然犯罪率及再犯率居高不下，社會對於矯治之效果普遍存疑，1974 年美國學者馬丁森採用後設研究的方法，提出矯治無效論，引起矯治學界及實務界之震撼，新理性選擇之犯罪學理論抬頭，1970 年代揚棄實施2、30 年之矯治模式，正義模式代之興起。 嗣後美國又有幾個重大刑事案件的發生，透過媒體之傳播，引起人民恐慌，政黨政治基於選票考量及防衛社會需要，順應民意要求，採取「長期監禁的強硬隔離政策」。我國2004年刑法修正案，亦為數個重大刑事案件發生之後，民意及媒體壓力下之產物。 本文僅就國內外重刑化政策之緣起，背後犯罪學理論之基礎，跟隨刑罰目的變異之矯治模式，將現存體制中原存在之問題，參考國內外文獻、專家學長見解、官方資料、統計數據，做深入剖析整理。在二、三十年刑事政策沒有改變的假設，就將來可能之發展或實務上可能遭遇之困難或矛盾，深入訪談刑事司法專家學者10人及書面訪談一學術機構，做歸納整理及探索性預測。 研究發現，重刑化非降低犯罪率及再犯罪率唯一的選項；如無其他配套措施，受刑人擁擠將更加嚴重；以目前監獄的建築及人員專業訓練及配置，對於重刑犯之管理將發生困難；重刑影響受刑人行為的適應，謀生的出路，增加國庫的負擔。作業剛好有教化作用，及增加個人經濟來源，減輕國庫負擔，但應注意風險管理。另長期受刑人將來仍有復歸社會的一天，教化不能偏廢；重刑犯長期監禁，年久月深容易產生心理及老年疾病之問題。以目前監所設備及人員，因應困難；重刑犯給養費用、醫療費用、人事費用、硬體設備，增加國家財政負擔；重刑化與老年化幾乎劃上等號。更生保護及觀護制度要有預防再犯及收拾殘局雙重的準備。 因此，本研究建議，在降低犯罪率及預防再犯部分，教誨防逃並重，擴大矯正領域為矯治、應報、嚇阻、隔離、重整、修復等，爭取社會及家庭對更生人的支持，請求政府修改不利更生人復歸社會之法令，並制定寬嚴一致的刑事政策；在監獄空間部分，盡量採取配套措施，修法將一年以下之短期自由刑轉向處分，以社區處遇或半機構處遇取代，將超高度安全監獄列為遠程目標，近程、中程則以調撥監獄專區或專監改建；戒護管理及監獄建築部分，迅速增補管理人員，仿造美國建造專收重刑犯之超高安全監獄，採取特殊累進處遇及風險評估；教化及作業部分，妥慎規劃作業項目、作業人數及行銷通路。增加教誨師名額、納編精神科醫師，臨床心理師、社會工作師或心理諮商師，限制集體教誨規模、善用教誨技巧；醫療衛生部分，集中財力，約每15000人至20000人設立相當地區醫院水準之病監一所為後送醫院，並於院內設療養專區，提高待遇吸引優質人才，培訓受刑人為護士或護理師助理為輔助人員。財政負擔部分，檢討創新自營作業，增加監所收入，在人民情感及正義報應心態可接受下，修法去除無意義的矯治。更生保護及觀護制度部分，整合觀護制度與更生保護為統一事權，修改法令，將執行期滿具侵害社會危險之更生人賦予保安處分之法源，仿日本「渡船處遇」措施，促進更生人社會化，協調社福機構銜接更生人安置，協助更生人就業，賦予更保人員假釋參與權。
並列摘要
Due to the influence of positive criminology, early correction method in U.S. adopted medical model. Yet, because the rate of crime and recidivism remained high, U.S. society showed doubt on the effects of such correction method. In 1974, U.S. scholar R. Martinson used the meta-analysis and proposed that medical model based correction did not work. Consequently, it brought new discussions on academic and practical fields. Thereafter, criminology based on new rational choice rose. In 1970s, the corrective model, which prospered in the last decades, was abandoned and emerged the justice model. Later, there were several severe crimes in the U.S. When public media broadcasted these cases, people were panic. Consequently, to defend the society and win votes, political parties proposed the criminal policy of “long term imprisonment in touch isolated environment.” The amendments of criminal laws, which are announced in Taiwan at 2004, are also the results of public wills and media pressures after several major crimes. This study, based on the historical reasons of severe punishment and the theories of criminology, first dissects the problems in current systems by referring to available documents, opinions of specialists, government publications and statistical data. Assuming that the current criminal policy remains the same in the following 20 years or so, we utilize the interview method to collect the thinkings from 10 specialists and scholars in criminology and judicature and 1 written response from an academic organization. Summing up their feedbacks, we do some predictive suggestions. Our research finds that severe punishment is not the only way to lower the rate of crime and recidivism. If there are no complementary measures, the prison would be over-crowded. In current jail building, the management for prisoners is very difficult for available prison officers. Moreover, severe punishment also influences the behaviors of prisoners, their rehabilitated works, and the financial loads to the government. Working in prison can educate and correct the behavior of prisoners, increases prisoners’ income, and lease the financial burden to the government, yet, security risk should be taken into consideration. Moreover, because prisoner will return to the society someday, education and correction are very important. As the term of imprisonment becomes longer, prisoners are more likely to have psycho problems and aged physical problems. Current prison facility and faculty may not be able handle these possible conditions. Severe punishment causes the aged prisoners. Consequently, it leads to more living cost, medical cost, faculty cost and facility cost. Finally, it increases the financial burden to the society. Moreover, rehabilitation and probation system shall take care of possible effects, like recidivism. Concludingly, we propose the following suggestions. 1) In lowering rate of crime and recidivism, education and escape preventing are equally stressed. Correction should be more than correction, but further includes retribution, prevention, isolation, and correction. Furthermore, we urge the society and the family to support the rehabilitated people. We also request the government to modify the codes, which hinder the rehabilitated people from returning to society. What is more, we call the legislative to set more reasonable criminal policy. 2) In the space of prison, complementary measures are necessary. We suggest amending the laws, the punishment of the short term imprisonment can be substituted by social service, etc. In the short term, we suggest to allocate specific area in the jail to prison ward. In the mid term, we urge the build of specialized jail for long term prisoners. In the long term, highly secured jail shall be built. 3) In guarding and prison construction, we should increase the prison officers, build highly secured jail similar to the U.S. for long term prisoners, and adopt special accumulated measures and risk evaluations. 4) In correction and education, we shall properly plan the working items, the number of working prisoners and the marketing for working in prison. The prison faculty shall include instruction officers, psychologists and social workers, thus, the quality of correction can be improved and the number of prisoners in group correction can be limited. 5) In medical care, we suggest to build jails as regional hospitals for every 15,000 to 20,000 prisoners. To hire better prison crew, we suggest raising the salary for prison officers. Moreover, we may train some prisoners as nurses or medical assistants. 6) In financial balance, we shall innovate working in prison to increase the jail income. Also, we call for eliminating some un-necessary corrections under judicial justice. 7) In rehabilitation and probation, we shall integrate rehabilitation and probation. We urge to amend the laws, thus, we can watch for the discharged prisoners when they tend to offend again. We may also adopt the “Ferryboat Measures” in Japan. Thus, judicial system can cooperate with social welfare organizations to settle down the rehabilitated people and to find jobs for them. Thus, returning to society for rehabilitated people is easier. In addition, probation officers shall join the process of probation.