Criminal Law
Mehrdad Rahnavard Vaqef; Seyed Doraid Mousavi Mojab; mohammad farajiha
Abstract
Prison is a setting where convicts still act logically in a setting full of power relations; hence, it cannot be said that prisoners commit the violence for enjoy the violence. Prison violence adheres to logic's rules perfectly. But how can violence be described within the framework of logical and rational ...
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Prison is a setting where convicts still act logically in a setting full of power relations; hence, it cannot be said that prisoners commit the violence for enjoy the violence. Prison violence adheres to logic's rules perfectly. But how can violence be described within the framework of logical and rational behavior? The culture of prisons may contain the resolution to this query. The boundary between rational and irrational conduct is drawn by prison culture. The main questions of the article are, what’s the role of culture in regulating violence in prisons and how does culture influence escalation of violence? These are the questions the current article seeks to answer to them. To answer the questions of the article, qualitative methods and specifically in-depth interviews with 15 prisoners of three prisons in one of the northern provinces of the country (Iran) have been used. The findings of the research show that the cultural assumptions reproduced in the prison culture, as a whole, lead to the formation of the mentality of seeking immunity through resorting to violence. Prisoners develop the cultural understanding that they have to resort to violence in order not to be victimized inside the prison. Prisoners who are known as hard (tough) prisoners are considered to be prisoners who show the strongest reaction to the slightest disrespect, and if they are assaulted, they not only resist well, but also they will definitely take revenge for the assault. The mentioned prisoners, see every dispute as a vital battle to determine the winner, and from their view point, the outcome of this battle has a great impact on whether or not they will be injured in the future. Also, in any quarrel, the hard prisoner considers resorting to violence as the first option to resolve the conflict
Criminal Law
Hamidreza DaneshNari; Mahdieh Maali
Abstract
Religion is a collection of practical and moral beliefs and orders that are set for the guidance and advancement of humans. Due to the fact that adherence to religious teachings leads to the prevention of sin, experts believe that religion has a preventive function in social fields and in forms such ...
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Religion is a collection of practical and moral beliefs and orders that are set for the guidance and advancement of humans. Due to the fact that adherence to religious teachings leads to the prevention of sin, experts believe that religion has a preventive function in social fields and in forms such as crime and deviance. Although the relationship between religion and crime is one of the most challenging issues in criminology, criminological findings have often emphasized the preventive role of religion. However, religious-historical cuts show that in some cases, eclectic interpretations of religion lead to crime. Thus, this research aims to describe, interpret and explain the thoughts of criminals with religious eclecticism by using Fairclough's discourse analysis method. The findings of this research show that eclectic criminals, emphasizing divine duty, ideological traditionalism, holy jihad, and ideological pressure, on the one hand, seek to create Sharia discourse, and on the other hand, reproduce Sharia-based domination relations. However, as a final assessment, it should be said that eclectic criminals commit crimes by misunderstanding religion and misunderstanding religious teachings. Therefore, in these cases, the crime-causing religious ideology is the result of religious epistemological eclecticism, and this cannot negate the positive function of religion in crime prevention.
Criminal Law
Ali Azizi; Mohammad Farajiha
Abstract
Problem-Solving Courts with a specialized and independent structure were established in some countries with common law legal system to use the authority of courts to address the underlying problems of offenders and victims, the structural problems of the justice system, and the social problems of communities ...
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Problem-Solving Courts with a specialized and independent structure were established in some countries with common law legal system to use the authority of courts to address the underlying problems of offenders and victims, the structural problems of the justice system, and the social problems of communities and finally to reduce the recidivism rate. However, because they reach only a small proportion of litigants compared to the traditional courts, the idea of applying core principles of problem-solving courts to traditional courts was put forward. This article, with a qualitative method, first examines the necessity of problem-solving approach in judicial system and then analyses the opportunities and barriers to applying problem-solving principles and practices in traditional criminal courts of Iran. The findings of the research show that some principles like changing traditional attitudes and role orientations of judges, prosecutors, attorneys, and other justice system actors is the basis for adopting problem-solving approach in traditional criminal courts of Iran and it can hardly be transferred, but enhancing the direct interaction between judges and litigants is the most easiest. Moreover, resource constraints (lack of time, money, and staff) and educational and electronic systems limitations pose serious barriers in implementation of other principles and effectiveness of problem-solving approach. Tangible results show that the application of these principles and indicators can help increase the quality and effectiveness of the criminal justice procedure and reduce its non-therapeutic consequences.
Criminal Law
Baqer Shamloo; aref khalili paji
Abstract
In today's world, technology is progressing at a great speed. Criminals are well aware of this new opportunity and take advantage of them to reach their goals. In addition to the creation of new crime tools, information and communication technology itself has also been a source of new crime, which with ...
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In today's world, technology is progressing at a great speed. Criminals are well aware of this new opportunity and take advantage of them to reach their goals. In addition to the creation of new crime tools, information and communication technology itself has also been a source of new crime, which with the expansion of the criminal environment beyond the geographical boundaries of a country, the process of globalization has accelerated the progress of this crime. The invention of virtual currencies has accelerated the process in its own way. Virtual currencies that claim to be in line with conventional currencies, are trying to break the traditional taboos of production and distribution of money by governments and provide an informal currency with user-generated capabilities. This has led to the transformation of some of the traditional criminological concepts. White-collar delinquency is one of those concepts that has evolved with the expansion of virtual space and its specific tools, as some Scholars refer to as "virtual collar crimes." After examining the dimensions of virtual white-collar crimes, this study analyzes the tendency of virtual criminals to use virtual currencies in committing delinquency according to some criminal cases.
Criminal Law
ALI SALEHI; Seyed mahmoud Mirkhalil Mirkhalili; Doraid Mousavi Mojab
Abstract
Abstract In today world, by impacting on public opinions an established interactions between them, Police and Media play a vital role in penal policymaking at different countries so that the outcomes of such interaction in different legislative, judicial and executive fields are not hidden for anyone. ...
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Abstract In today world, by impacting on public opinions an established interactions between them, Police and Media play a vital role in penal policymaking at different countries so that the outcomes of such interaction in different legislative, judicial and executive fields are not hidden for anyone. Alongside media positive role in improving public awareness on criminal acts, crime prevention and relapse and their interactions with different penal justice system entities especially police, sometimes, we are observing limitations on operations by actors of such system, penal populism, contrasting approaches, severe penal responses, ethical disgusting or making the climate security on some crimes due to their undesired performance. An important issue is to consider the media active and effective role playing in penal policy arena and positive and constructive interactions with police and to study its different aspects. The experiences by successful countries in this regard indicate that strengthening penal justice, securing judicial independence, media control in penal affairs, avoiding unreal programs and news or media orientation and selection, and leading them to use analytical programs along with logic and scientific clarification of police position in confronting with criminal occurrences can keep penal policy of countries from precipitance trap, emotional reactions, penal populism and performance against justice judgment principles.
