Firouz Mahmoudi Janaki; Mehrangiz Roustaie
Volume 1, Issue 3 , July 2013, , Pages 35-66
Abstract
One of the most prominent issues in criminal philosophy is “Justificationof Criminal Intervention” which is done by the State, in the individual rightsand autonomy. This phrase is often used by scholars and critics without anyclear-cut definition. In studying of criminal intervention from ...
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One of the most prominent issues in criminal philosophy is “Justificationof Criminal Intervention” which is done by the State, in the individual rightsand autonomy. This phrase is often used by scholars and critics without anyclear-cut definition. In studying of criminal intervention from two points ofview: moral and political philosophy, the prominent matters such as criminalintervention legitimacy, being wrong or right, State’s right to intervene andso on are considered as the justification. Alongside the moral justification–which is based on violated values by wrongdoer– “social justification”addresses its reflection and the rate of social acceptance. In InstitutionalBureaucracy justification, the quality of political institutes organization,roles which must be embedded in and power that must conferred to theseinstitutes are examined. Although even in the most liberal criminal justicesystems, criminal intervention is done on the base of the different andoccasionally contrary justifications, internal power of State – which isincarnated in system of criminal justice– must not be used in lack of acognitive justification just thanks to its ability in imposing the injustice
