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  • In New York v. Belton, the United States Supreme Court decided the subject about the recent criticism from scholars and Supreme Court Justices, alike, calling for the Court to re-examine its broad construction of the search incident to arrest exception to the Fourth Amendment’s prohibition against warrantless searches and seizures in the vehicle-search context. The Court seized the opportunity to revisit Belton in Arizona v. Gant. While narrowing the scope of the search incident to arrest exception in some situations, the Gant holding ex-tended its scope in others, perhaps straying from the principles of the Fourth Amendment. The current study was organized in the following manner: First, summarizes the case, including the facts, is-sue, holding, legal rule and reasoning; second, reviews the social realities that affect the ruling of the case; Fi-nally, addresses the impact of the decision on law enforcement processes and/or social behavior. The present study relied on the several research paper and book, and media stories. The current study focused the review Arizona v. Gant, and the purpose of the present research is to provide an overview of the social realities that affect the case and the impact of the case on law enforcement processes. Prior to the Court’s decision in Gant, Fourth Amendment jurisprudence was in a state of muddled, silent chaos. Supreme Court precedent had been stretched beyond its “breaking point.” In an effort to resolve unanswered questions surrounding the search incident to arrest exception the Court accepted Gant for review. By leaving the existing exceptions to the Fourth Amendment requirement intact, the Court did not handcuff law enforce-ment into overly stringent constraints. Instead, police officers have wide discretion in their creative selection of alternative exceptions in rationalizing further searches. Gant presented the Court with an opportunity to estab-lish a “bright-line” rule in order to secure the safeguards of the Fourth Amendment and provide guidance to police for conducting searches incident to arrests. The study’s review showed that the Supreme Court’s decision in Gant cuts two ways: First, it returns to a narrow search incident to arrest exception for non-evidentiary crimes, although its wording might result in con-fused application of the rule by lower courts; Second, it reflects a continuing trend placing higher value on suc-cessful prosecution of suspected criminals than on the intent of the Fourth Amendment’s framers. Implications for warrantless searches and seizures in the vehicle-search context are discussed.
    Keyword:Criminal Case, New York v. Belton, The Fourth Amendment, Searches and Seizures, Law En-forcement Processes
  • This paper is for seeking a solution to establish a combined supporting system for child abuse prevention based on cause of child abuse and post management system. Child abuse occurs in various places such as home, kindergarten, school, and child caring center but 80% of child abuse occurs in homes, therefore, it is more harmful than other crimes. Furthermore, the problem is that forms of child abuse by parents are becoming various and the severity and the damage from child abuse is be-coming more cruelly serious than before. According to child abuse cases which have been reported more than once, total 6,332 child abuse cases were reported to child protective services for last decade. 20 child abuse cases reported in 2001 rose to 1,262 in 2010 so the number of cases reported is constantly increasing compared to consulting reports. The number of child abuse cases reported in child protection centers across the nation were 9,199 in 2010, 10,146 in 2011, 10,943 in 2012, 13,076 in 2013, and 17,791 in 2014. The number of child abuse reported in 2014 increased up to 36% compared to 2013. The reason for this surge is that as many people became interested in child abuse through child abuse death occurred in Woolsan in 2013 and Incheon kindergarten’s child violence case occurred in January, 2015, the number of reports increased. Among the cases reported in 2014, the number of suspected child abuse cases including emergency cases were 15,025 which is 84.5%. Among the suspected child abuse cases, the number of actual child abuse cases were 10,027 which is 66.7%. Based on the statistical data, the number of child abuse crimes occurred in a year is almost 10,000 which is a very serious problem. Child protection service needs to play a major role for solving child abuse and establishment and utilization of various connection of local community with many other related institutions and cooperation are required in stages. Firstly, establishment of supporting system with law enforcement agencies is required. Secondly, establishment of supporting system by a medical center is required. Thirdly, supporting system with educational institutions is necessary. Teachers in daycare center, kindergarten, elementary, junior high, and high school have a responsibility to detect child abuse in the early stage and report child abuse to child protection center. Also, if necessary, teachers identify existence of child abuse through con-sultation with the victim’s family and provide education for parents. Fourthly, supporting system with administrational organizations needs to be built up. Administrational organ-izations requiring an establishment of supporting system include Ministry for Health, Welfare and Family Affairs, provinces and metropolitan areas, municipal governments, sexual abuse prevention and protection of victim of the Ministry of Gender Equality. Fifthly, establishment of supporting system with private sectors is required. The role of private sectors is to actively participate in child abuse judgement committee and volunteer workers in various professional fields pro-vide music therapy, art therapy, and play therapy to child abuse victims. Finally, establishment of supporting system for child abuse prevention needs to be made in a level of province and metropolitan city. Based on child protection centers built in metropolitan cities, supporting system combined with law enforcement agencies, medical centers, educational institutions, administrational organization, social welfare centers, private sectors need to be built up and utilized.
    Keyword:Crime, Child Abuse, Serious Social Problem, Welfare Law, Social Problem
  • After the 9/11 terror attack in America in 2001, the world is modifying laws related to aviation safety for measures of air terrorism and crime prevention, and is reinforcing professionals. However, Korea, the key point of the aviation distribution in Northeast Asia, air terrorism began mainly through the isolation of North Korea and conflict in the international society and these cases are : the kidnapping of Chang-rang aircraft of Korean National Airlines(1958), the kidnapping of YS-11 of KAL(1969), kidnapping of F-27 of KAL(1971), emergency landing of B747 of KAL of Murmansk attack(1978), attack of MIG-23 on KAL007(1983), attempted case of the kidnapping of B727 of KAL(1985), destruction of KE858 of KAL(1987), at-tempted case of the kidnapping of B747(1988), attempted case of the kidnapping of KAL388(1993), and the cur-rent isolation of North Korea is threatening Northeast Asia and is intensifying tension. Furthermore, overseas tourists are rapidly increasing in Northeast Asia including Korea and the use of aircraft is expanding, so the safety of Northeast Asia is severely threatened through terror and crimes in the airplanes and airports. Therefore, this study randomly selected Korean tourists who used airports and planes and investigated recog-nition in air terrorism outbreaks, and first, as the place of the occurrence of air terrorism and crime, 75.1% said airports and 24.9% said on board. Many of these thought air terrorism and crime could occur easily before board-ing as it is freer and there is a big floating population so it is easier to hide bombs in baggage. Second, the tourists thought the cause of air terrorism and crime outbreaks was because of the insecurity of the North Korean government with 86.9%, and 13.1% in the conflict of international society. Recently, because North Korea is suffering from the 3 generation leadership, nuclear development, lack of food, and the restriction and isolation of the international society, the tourists thought the internal conflicts that rise can lead to terror in South Korea. With the discussion point of this study, Korean tourists thought the cause of air terrorism and crime outbreaks in Northeast Asia was North Korea. However, these kinds of air terrorisms and crime can kill many lives at once and while these outbreaks can lead Northeast Asia into war, North Korea has committed many air terrorisms and crimes in the past. Therefore, the isolation of the international society which began from the nuclear development of North Korea, must make an effort not to threaten Northeast Asia into air terrorisms and crimes but for the peace of Northeast Asia.
    Keyword:Crime, Terrorism, Airplane, Airport, National Security
  • A recent series of shocking child abuse and murder cases has inspired the society to shed new light onto children's issues and welfare. After it was revealed that most of the perpetrators in those cases were the biological parents and stepparents of children, the society went into shock. Post-abuse murder cases of children are clearly distinguished from other murder cases in terms of motives and forms and have tremendous influences on the society. Therefore, In the wake of recent cases of parents abusing and then killing their children, this study set out to analyze the causes and characteristics of major post-abuse murder cases of children in 2016 and search for preventive measures. The causes of post-abuse murder cases of children were as follows: First, the study considered the causes of post-abuse murder cases of children with a focus on the characteristics of parents from a psychological perspective. The emotional, psychological, and personality characteristics of abusive parents are part of the major causes. Secondly, the causes come from the economic hardship of families from the perspective of social environment. The unstable economic situations of families cause conflicts among the family members and even lead to murder cases. The case analysis results were as follows: first, many of abused children were seven years old or younger. When younger children were subjected to ongoing serious physical abuse, they might be killed, not enduring it. Secondly, most perpetrators of child abuse and murder cases were their biological parents. Finally, the causes of post-abuse murder of children include psychological issues such as depression, lack of parenting abilities, conflicts with their spouses, and economic difficulties. Some parents were addicted to games and abused and neglected their children. Based on the case analysis results, the study proposed the followings to prevent child abuse and murder: first, there is a need to develop effective programs to separate children from their parents when child abuse is suspected, provide perpetrators with education, and treat victim children. It is also needed to secure professionals for such programs. Secondly, it is critical to offer low-income parents supports and aids and also education and training about parenting methods. Finally, it is the most important to establish a social atmosphere of respecting and loving children so that various measures can achieve their effectiveness.
    Keyword:Domestic Crime, Domestic Violence, Parent's Child Abuse, Child Abuse, Killing
  • There has been diverse changes in the age of first criminal offense and both types and patterns of crimes amid the changes in social structure. In relation to that, this study was intended to provide explanation from the standpoint of anomie theory postulated by Emile Durkheim. Anomie refers to a state in which there is an absence of dual standards or norms. In other words, dual standards or absence of norms arise from failure to establish new norms in the midst of weakening influence of previously prevailing norms, thereby causing a confusion reverberating throughout the society. Particularly, the spread and use of SNS, spurred by advancement of ICT(Information and Communication Technology), are weakening social norms, and furthermore, online norms are still remained in unchartered territory. Amid such confusion over norms, juvenile delinquency has been increasing. Social media is characterized by far-reaching dissemination, openness, accessibility, relationship, and diversity of contents. This kind of social media, which grows like an organism, is not subject to ordinary mechanism for consumption and production. Rather, social media is characterized by two-way communication allowing users to participate spontaneously, share information, and create contents in the process. In particular, social network service(SNS) has the characteristics of media influencing the mode of thinking and behavior of users. Thus, cyber space improves solidarity, bond, and mutual understanding which bring down the wall of race, ethnicity, gender, and transforms the structure of consciousness, viewpoint, and lifestyles of people based on formation of shared values, and tear down traditional social structure. Social media has far-reaching ripple effect and influence as it is a service enabling simultaneous interchange and communication with many unspecific people without any constraint on time and space. Especially, social media functions as a stepping stone to recognize the peer group norms while the recognized norms serve as barometer of social value and efficiency. Therefore, social media is likely to open the path to juvenile delinquency. Friends in cyber space on social media platform have some extent of mutual psychological relevance and tend to share many things over specific matters. This share ability may lead to norm recognition among peer groups, and the recognized norms will function as universal norms in society. As social media is triggering this anomic social environment and strengthening online interpersonal relationship, creating a social network structure separately from offline relationship through solidarity reinforced via SNS. Social media has been widely accepted as a tool for communication, information gathering/exchange, and contact among adolescents, which eventually increases the chances of contact resulting in juvenile delinquency. In Korea, however, institutional regulations or policies have not been clearly laid out in Korea despite some research findings that social media has direct or indirect influence on youth crimes or realistic issues swirling over adolescent criminal offenses. This reality suggests that social media has been used as hotbed of crime and that cyberspace is likely to see an upswing in number of youth crimes for the upcoming period.
    Keyword:Youth Crime, Anomie, Juvenile Delinquency, Social Media, SNS