The Determinants for Judges' Sentences to the Death Penalty in Taiwan

• Main Authors: CHEN, YU-CHI, 陳又齊
• Other Authors: CHOU, WEN-YUNG
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/55u64g

碩士 === 中央警察大學 === 犯罪防治研究所 === 107 === Because of the particularity of death, death penalty is a unique penalty. Arguments continue over the abolition or retention of the death penalty in every country, and the issue of capital punishment is also controversial in Taiwan. Additionally, Judges have the same human nature as we have. In order to investigate how to form the truth in Judges ‘ mind, we would like to know what factors they should be considered during the trial, which side they should take, or whether there are any factors being overlooked? The study was conducted by means of purposive sampling, the judges who have handled criminal cases in the district court or high court in the past were selected to conduct interviews. A total of two judges from the criminal division of the district court and two judges from the criminal division of the high court were interviewed. We enable the judges to describe their trial experience and to provide information that could not be explored in writing by means of semi-structured interviews.Interviews were conducted in accordance with research ethics. This research found that when judging the death penalty, judges will consider the provisions of the Act to Implement the International Covenant on Civil and Polit ical Rights and the International Covenant on Economic, Social and Cultural Rights. At present, there is no life sentence without the possibility of parole or alternative to death in our country. The focus of debate on the retention or abolition of the death penalty is also concerned by the judges in the criminal court. Precedents have a substantial binding effect on the judge's determination of the death penalty. The main stresses of the first trial judges criminal court include mass media, a discrepancy of legal opinions in superior judges and Judicial Yuan. Judges have their own views on humanity, the rationality and the sensibility interact during the trial. The attitude and behavior of a lawyer's oral defense will affect the judge's hearing of a case. In addition, the characteristics of the criminal the prisoner, the perpetrator and the victim have influence on sentencing the judge. Therefore, this study suggests a clear criminal justice policy shall be established about existence or abolition of death penalty. The government may appoint neutral sentencing investigators to conduct sentencing investigation reports or set up an independent group to provide sentencing information. The law education in colleges and practical education and training of magistrates should be provided to help identify the underlying concepts. At the same time, the education of law and order of the public should be improved to make trade-offs in many different information sources. In the view of the substantive influence and far-reaching influence of precedents on sentencing of judges in Taiwan. And lastly, it is suggested to redesign the court environment for an objective standard.