大學生對冤獄錯判的認知、價值觀與活動參與經驗之調查

College Students’Perceptions, Attitudes, and Participated Actions Related to Miscarriage of Justice and Wrongful Imprisonments

目前國內有關冤獄錯判（以下簡稱「冤案」）的研究大多著重於為何會誤判，以及刑事補償法的討論，鮮少研究社會大眾對冤案認知及價值觀。本研究目的在探討網路上大專院校學生對冤案的認識、價值觀以及參與相關活動。研究方法透過自編問卷於2023年9月至10月在社群媒體發送，邀請在學學生填寫，共423份。結果發現：一、大多數學生聽過冤案，但不理解內容；認為冤案不常發生、自己不會有機會遇到；多數知道無罪推定原則，只有半數知道罪疑惟輕原則；關於刑事補償內容也不甚理解；認為平反者最大的創傷是名譽受損，最需要也是名譽回復。二、多數同意司法會有疏漏，也認為有人需要為冤案負責、捲入冤案不需要有一定原因，不認為平反後可以回復原來生活、被起訴就是有罪；不過有6.9%同意寧可錯判不可漏一、2.4%同意先認罪入獄再申請重審。三、關注及參與冤案相關議題活動只有少數。四、就讀科系對知識、價值觀、參與活動有顯著的影響。本研究結果可提供司法議題實務工作者進行司法教育的參考。

At present, domestic research on unjust imprisonment and wrongful convictions mostly focuses on the reasons for wrongful convictions and discussions on the Criminal Compensation Law. There is little research on the public’s perception and values of wrongful convictions. The purpose of this study is to explore university students’understanding of wrongful convictions, their values, and their participation in related activities. The research was conducted through a self-designed questionnaire distributed via website social media from September to October 2023, and received a total of 423 responses. The findings revealed that: 1) Most students have heard of wrongful conviction but do not understand the details; they believe wrongful convictions rarely occur and that they are unlikely to encounter them; while most are aware of the presumption of innocence principle, only half are familiar with the principle of in dubio pro reo (doubt favors the accused); they also have limited understanding of criminal compensation, considering reputational damage as the greatest trauma for those exonerated, and view the restoration of reputation as the most needed remedy. 2) Most students agree that the judicial system has flaws, believe that someone should be held accountable for wrongful convictions, think that being involved in a wrongful convictions does not require a specific reason, and do not believe that life can return to normal after exoneration or that indictment equates to guilt; however, 6.9% agree with the statement“better to convict wrongly than to let one go,”and 2.4% agree with“plead guilty first and then apply for retrial.”3) Only a small number of students are concerned about or participate in activities related to wrongful convictions. 4) The field of study significantly influences students’knowledge, values, and activities participation. The results of this study can serve as a reference for judicial education by practitioners in judicial issues.