Criminal Law
sana kazempour; mohammad farajiha
Abstract
Sentencing studies indicate that female offenders typically receive less severe punishments than males and that the criminal justice system treats women more leniently than men. The current study, through theories such as paternalism (and its more recent versions) and evil woman theory, seeks to answer ...
Read More
Sentencing studies indicate that female offenders typically receive less severe punishments than males and that the criminal justice system treats women more leniently than men. The current study, through theories such as paternalism (and its more recent versions) and evil woman theory, seeks to answer how gender as an extralegal factor affects the process of sentencing in drug offences and whether there is a difference in the effectiveness of theories depending on the social structure of the two societies, Iran and the United States.In this study, qualitative research methods have been used. The content of documents, including cases of drug offences conviction (60 samples) between 2010 and 2020, and criminal justice officials’ discourse have been analyzed. In-depth interviews with judicial activists and drug lawyers (24 cases) were also used to understand the factors that encourage judges to impose lenient or severe punishments on women.The findings of this study show that paternalistic attitudes toward women in Iranian society, Childcare, the social costs of punishing mothers, and the subordination of the partner are the main factors that reduce the likelihood of conviction of harsh sentences, such as the death penalty for women in Iran. On the other hand, criminal records in drug offences, high quantity of drugs, or illegal relationships are factors that lead to violations of gender norms and deprivation of women of leniency approach in the criminal justice system about drug offences.
Criminal Law
Jafar Reshadati; Ali Rezaei
Abstract
In recent years, the debate of publishing and reporting the punishments of economic offenders in the media has been challenged. This matter enhanced its importance about judges and prosecutors for the necessity of dealing with corruption at the level of sovereignty and, at the same time, the importance ...
Read More
In recent years, the debate of publishing and reporting the punishments of economic offenders in the media has been challenged. This matter enhanced its importance about judges and prosecutors for the necessity of dealing with corruption at the level of sovereignty and, at the same time, the importance of maintaining the place of judgment. From their point of view, the release of images and names of the convicts was also sensitive. From criminologists’ perspective, each punishment contains advantages and disadvantages. Meanwhile neglecting the purposes of scandal's pathology and Tash'hir, in Iranian penal system that is imposed on corrupt judges, leads to overcoming incommodities instead of gaining benefits. This article seeks to review the country's laws regarding to Tash'hir and recent approaches of the judicial authorities and to conclude that according to the current rules and doctrines, the public disclosure of corrupt judges may be more offensive than promoting.
