Aboriginal Defendant''s Difficulties and Solutions in Criminal Proceedings
Date Issued
2014
Date
2014
Author(s)
Lin, Yu-Hung
Abstract
Aborigines have been living on this island for over 6,000 years. In the context of their long history, Aborigines have their own unique traditions and customs. However, these aboriginal traditions and cultures, are not only incompatible with the legal norms, but also often cause serious conflicts. Accordingly, when the "Tribal Customs" collides with "Criminal Penalties", it also pulls the trigger of judicial war between tribes and state. In this battle, there are many adverse factors in the Aboriginal Defendants'' criminal proceedings. For example, the lack of legal resources and professional judges, aborigines'' cultural and linguistic barriers, and the improper conduct of trial mode, etc. These factors make Aboriginal Defendants retreat in the battle, and also make them trapped in quagmire.
Therefore, this article will explore many problems faced by Aboriginal Defendants from the beginning of criminal investigation to the end of trial, such as Judicial Interpreter issues, Defense in Investigative Procedure, Mandatory Defense of Trial, and the implementation of Aboriginal Dedicated Court. And then attempt to put forward the corresponding solutions. Besides, one of the most important issues for Aboriginal Defendants, is whether judges or prosecutors have "empathy" to deal with every Aboriginal Defendant''s case.
This article believe, legislators should profoundly consider the judicial interests of Aboriginal Defendants, and make several relevant amendments or decriminalization clauses. Moreover, the civilian law enforcers'' decisions should be made based on tribal perspectives, and supplemented by their legal profession. So as to implement the aim of Aboriginal Basic Law and Additional Articles of the Constitution to protect the multiculturalism, and to achieve the purpose of returning the rights to "Aborigine".
Subjects
原住民被告
通譯問題
偵查中之辯護權
優惠性差別待遇
審判中之強制辯護
原住民專業法庭
文化抗辯
SDGs
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-103-R01a21068-1.pdf
Size
23.32 KB
Format
Adobe PDF
Checksum
(MD5):ec6429bd5700656bd8ddceb7141fa950