刑事量刑之正當法律程序之建構

Project Details

Description

Sentencing is a critical process of criminal procedure in any country. In a criminalcase where a conviction is reached, it is the sentencing that is set to achieve theend goal of the justice system. However, in our country the conviction andsentencing are not separated as two distinct processes; but instead, are mixedinto one, and it is only in the closing argument phase of the trial where the lawhas allotted time for the conviction and sentencing. Thus, not only is sentencingnot taken as seriously as it should be in the achievement of the goals of thecriminal justice system, but also, the sentencing process is left out of the normboth in the Criminal Procedure and Civil Judges Act. Therefore, the sentencingprocess is heavily underregulated and should be reformed.This research project will explore the sentencing procedure of the United States,including United States Supreme Court cases; the law of criminal procedure; andacademic research, on a comparative law basis. Then, the project desires toconstruct the due process of sentencing procedure, the rights of the accused inthe process, and what the perspectives of the sentencing procedure should be inTaiwan. Finally, the project will attempt to propose the essentials in the reformedsentencing procedure.
StatusFinished
Effective start/end date1/08/2231/07/23

UN Sustainable Development Goals

In 2015, UN member states agreed to 17 global Sustainable Development Goals (SDGs) to end poverty, protect the planet and ensure prosperity for all. This project contributes towards the following SDG(s):

  • SDG 4 - Quality Education
  • SDG 10 - Reduced Inequalities
  • SDG 16 - Peace, Justice and Strong Institutions

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