ISSN : 1229-0653
Three studies examined how different purposes of punishment affect peoples' punitive judgment. Korean college students assigned an appropriate sentence to a hypothetical perpetrator whose crime was varied with respect to the key components of three punishment purposes:retribution, general deterrence and incapacitation. Study 1 compared retribution and general deterrence purposes and showed that the sentence judgments were highly sensitive to retribution-related factors (magnitude of harm, extenuating circumstances, criminal intent) but were insensitive to factors associated with general deterrence (frequency, detection rate, publicity). Study 2 compared retribution and incapacita- tion purposes and revealed that both the retribution factors and incapacitation-related factors (criminal record, impulsiveness, recidivism) had a significant, but independent impact on sentence judgments. These findings were replicated in Study 3 which included all three punishment purposes in a single experimental design. Mediational analyses revealed that effects of the retribution factors were mediated by moral outrage. They also revealed that effects of the incapacitation factors were mediated by dispositional inference about the perpetrator and the perceived need for protecting the society from the perpetrator. Implications of the findings and directions for future research are discussed.
고재홍, (1991) 잘못,책임 및 처벌:처벌 판단에 관한 한 가상적 모형, 한국심리학회지:사회 및 성격
고재홍, (1995) 처벌크기판단에 관여하는 정보들의 통합방식, 한국심리학회지:사회 및 성격
고재홍, (1996) 책임 판단 연구의 개관, 한국심리학회지:사회 및 성격
김일수, (1998) 법치국가와 형법, 세창출판사
김지현, (1992) 법 전문가와 비전문가의 선고 목적 선호와 형량 결정 과정에 미치는 선고 맥락의 효과,
박광배, (2004) 법심리학, 학지사
법원행정처, (1999) 양형실무, 법원행정처
한정환, (1998) 예방목적의 통합형벌이론(상), 사법행정
한정환, (1999) 예방목적의 통합형벌이론(하), 사법행정
Alicke,M.D., (2000) Culpable and the psychology of blame, Psychological Bulletin
Anderson,M.C., (1999) Goal conflict in juror assessments of compensatory and punitive damages, Law and Human Behavior
Austin,W., (1976) Equity and the law:The effect of harmdoer’s suffering in the act on liking and assigned punishment.In L.Berkowitz & E.Walster(Eds.),Advances in experimental social psychology, Academic Press
Baron,R., (1986) The moderator-mediator variable distinction in social psycho-logical research:Conceptual,strategic,and sta-tistical considerations, Journal of Personality and Social Psychology
Carlsmith,K.M., (2006) The roles of retribution and utility in determining punishment, Journal of Experimental Social Psychology
Carlsmith,K.M., (2002) Why do we punish?:Deterrence and just deserts as motives for punishment, Journal of Personality and Social Psychology
Carroll,J., (1987) Sentencing goals,causal attributions,ideology,and personality, Journal of Personality and Social Psychology
Darley,J.M., (2000) Incapacitation and just deserts as motives for punishment, Law and Human Behavior
Ellsworh,P.C., (1994) Hardening of the attitudes:Americans' view on the death penalty, Journal of Social Issues
Ellswoth,P.C., (1998) Psychology and law.In D.T.Gilbert,S.T.Fiske,& G.Lindzey(Eds.),Handbook of social psychology, McGraw-Hill
Ellsworth,P.C., (1983) Public opinion and capital punishment:A close examination of the views of the views of abolitionists and retentionists, Crime and Delinquency
Feather,N.T., (1998) Reactions to penalties for offenses committed by the police and public citizens:Testing a social-cognitive process model of retributive justice, Journal of Personality and Social Psychology
Feather,N.T., (1999) Judgments of deservingness:Studies in the psychology of justice and achieve-ment., Personality and Social Psychology Review
Feather,N.T., (2000) Reactions to a motorvehicle accident in relation to mitigating circumstances and gender and moral worth of the driver, Journal of Applied Social Psychology
Feather,N.T., (2002) Reactions to man-datory sentences in relation to the ethnic identity and criminal history of the offender, Law and Human Behavior
Hamilton,V.L., (1980) Social consensus on norms of justice:Should the punishment fit the crime?, American Journal of Sociology
Heider,F., (1958) The psychology of interpersonal relations, Wiley
Hogarth,J., (1971) Sentencing as a human process, University of Toronto Press
Lerner,M.J., (2003) The justice motive:Where social psychologists found it,how they lost it,and why they may not find it again, Personality and Social Psychology Review
Lerner,M.J., (1998) Sober second thought:The effects of accountability,anger,and authoritarianism on attributions of responsibility, Personality and Social Psychology Bulletin
McFatter,R.M., (1978) Sentencing strategies and justice:Effect of punishment philosophy on sentencing decision, Journal of Personality and Social Psychology
McFatter,R.M., (1982) Purpose of punishment:Effects of utilities of criminal sanctions on perceived appropriateness, Journal of Applied Psychology
Nisbett,R.E., (1977) Telling more than we can know:Verbal reports on mental processes, Psychological Review
Reyna,C., (2001) Justice and utility in the classroom:An attributional analysis of the goals of teachers' punishment and intervention strategies, Journal of Educational psychology
Roberts,J.V., (1989) The purposes of sentencing:Public support of competing aims, Behavioral Sciences and the Law
Rosen,B., (1974) Factors influencing disciplinary judgments, Journal of Applied Psychology
Sarat,A., (1976) Public opinion,the death penalty,and the Eighth Amendment:Testing the Marshall hypothesis, Wisconsin Law review
Tangney,J.P., (2004) High self-control predicts good adjust-ment,less pathology,better grades,and interper-sonal success, Journal of Personality
Tetlock,P.E., (1996) Revising the value pluralism model:Incorporating social content and context postulates.In C.Seligman,J.Olson,& M.Zanna(Eds.),Values :Eighth annual Ontario Symposium on personality and Social Psychology, Erlbaum
Thomas,C., (1977) Public attitudes toward capital punishment:A comparative analysis, Journal of Behavioral Economics
Tindale,R.S., (2000) Procedural mechanisms and jury beha-vior.In M.A.Hogg & R.S.Tindale(Eds.),Blackwell handbook of social psychology:Group procsses, Blackwell Publishers
Vidmar,N., (1974) Retributive and utilitarian motives and other correlates of Canadian attitudes toward the death penalty, Canadian Psychologist
Vidmar,N., (1974) Public opinion and the death penalty, Stanford Law Review
Vidmar,N., (1980) Social psycholo-gical processes underlying attitudes toward legal punishment., Law and Society Review
Walster,E., (1966) Assignment of responsibility for an accident, Journal of Personality and Social Psychology
Warr,M., (1983) Norms,theories of punishment,and publicly preferred penalties for crimes, The Sociological Quarterly
Weiner,B., (1995) Judgements of responsibility:A foundation for a theory of social conduct, The Guilford Press
Weiner,B., (1997) An attributional examination of retributive versus utilitarian philosophies of punishment, Social Justice Research
Ziming,F.E., (1995) Incapacitation, Oxford University Press