Mahdi Gholampour; Mohammad Farajiha
Abstract
AbstractThis paper aims to consider some problems that challenge the criminal investigation of the cases of death in custody. While the complainants want their complaint to be recognized by the criminal justice system, systematic creation of some challenges marginalizes them and finally limit their access ...
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AbstractThis paper aims to consider some problems that challenge the criminal investigation of the cases of death in custody. While the complainants want their complaint to be recognized by the criminal justice system, systematic creation of some challenges marginalizes them and finally limit their access to justice in this kind of case. Reversing the truth, victim defamation, the control of the state on media, and arbitrary directing of the related news to the event as well as early comments of authorities before any independent investigation are some examples of the challenges ahead of the criminal investigation of death cases in prison. The paper along with using related sources to the issue of death in custody, by analyzing the content of reports, information and news as well as discourse analyzing of officials in relation to 12 cases of death in custody/prison in Iran, analyze the investigation challenges that concern the victim’s families of death in custody. Data analyzing of 12 cases of Iran show that reversing the truths related to the surrounding condition of the death and adumbrate of the event, makes it difficult to detect the real cause of the death. On the other side, defaming the victim and smearing his/her dignity or his/her family’s, distracts the attention from the misconducts of the prison officials to the failure of the victim him/herself and induces the deservedness of their death. In the same way, lack of liberty for media in reflection of the related news of cases, and bias the dependent media to the political system that generally express the cautious attitudes of the authorities, decrease the transparency of these cases. Finally, the early comments of authorities surrounding the cause of the deaths, challenge the possibility of an independent investigation in reaching to a different result of that comment.
morteza arefi; Mohammad Jafar Habibzadeh; Jalil Omidi; Mohammad Farajiha
Abstract
Realization of social justice is one of the obligations of states. The government promises to citizenships to realize it. Reduction of inequality, income inequality and creation of equal opportunities and facilities are afforded to the government support the poor, prevent from social isolation and criminal ...
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Realization of social justice is one of the obligations of states. The government promises to citizenships to realize it. Reduction of inequality, income inequality and creation of equal opportunities and facilities are afforded to the government support the poor, prevent from social isolation and criminal behaviors. Nowadays, we are seeing that many of the politicians neither proceed in eradication of poverty and elimination of illegal discrimination nor recognition of fundamental human rights. They assume underclass and the poor as threatening of political and social order. Politicization of crime and social ills, dominance of conservative thoughts on political system and hegemony of neoliberal thoughts on economic system, new right criminology and new penology are reasons that create contexts of criminal intervention in the area of poverty and justify the punitive decision-making to the poor. Consequently, in present era the War on Poverty Policy has transformed to the War on the Poor Policy.
azade sadeghi; mohammad farajiha
Abstract
Increasing costs and risks of crimes is emphasized in the police controls of drug markets. So that, dealers will be reluctant to work in the market or arrested. From this viewpoint, reactions of drug markets and dealers against these programs determine their effectiveness. So, the main question is how ...
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Increasing costs and risks of crimes is emphasized in the police controls of drug markets. So that, dealers will be reluctant to work in the market or arrested. From this viewpoint, reactions of drug markets and dealers against these programs determine their effectiveness. So, the main question is how drug markets respond to the police programs? Whether these policies decrease supplying of drugs or induce temporal, tactical, and geographical displacements in drug markets?In this study, three methods were used: a) in depth interview with 27 drug dealers b) non-participant observation of drug dealers activities in the drug market, and c) discourse analysis of formal official. The Findings suggest that dealers manage the risks in drug markets by different strategies: Changing times of selling drugs, using different techniques such as carrying small amount of drugs, changing market place, selling drugs to friends and etc. From this point of view, staying in the drug market and selling drugs challenges the effectiveness of police intervention in drug markets. Moreover, the entry of new dealers, change in type of drugs and adding impurities in the drugs make police interventions ineffective.
mohammad farajiha; jamshid gholamloo
Volume 3, Issue 11 , June 2015, , Pages 39-62
Abstract
The purpose of the criminal justice system is to deal with criminals by punishing them. However, in some cases, instead of the actual criminals, innocent individuals are convicted for a crime. The main question of this study is to consider the mechanisms of the criminal justice system to improve the ...
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The purpose of the criminal justice system is to deal with criminals by punishing them. However, in some cases, instead of the actual criminals, innocent individuals are convicted for a crime. The main question of this study is to consider the mechanisms of the criminal justice system to improve the unfair and inaccurate result of trail. Reopening trail, which is a mechanism that Iran's legal system, like many other countries, has predicted. However, some procedural restrictions such as laps of time, make problem to hear all claims of innocence. Actually, there will be innocent convicts who never will get the opportunity to prove his/her innocence. After conviction, criminal justice system assumes the conviction is completely true. Hence, it does not find itself responsible so much.Few countries, have special system includes commission and procedure to consider the claims of innocence. finally,the role of non-governmental organization and innocence movements in this connection is undeniable.
Muhammad Farajiha; Jamshid Gholamlou
Volume 3, Issue 8 , October 2014, , Pages 63-86
Abstract
Wrongful conviction of the innocent is a type of miscarriage of justice. Thus, the perspective that believes these two concepts are equivalent is false. Innocence can be actual or legal. The actual innocent is who does not commit the crime. The legal innocent is who commit a crime but his/her conviction ...
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Wrongful conviction of the innocent is a type of miscarriage of justice. Thus, the perspective that believes these two concepts are equivalent is false. Innocence can be actual or legal. The actual innocent is who does not commit the crime. The legal innocent is who commit a crime but his/her conviction was achieved through a violation of due process/fair trial. Despite some advantages of this division, it is somewhat misleading. Because, in practice, in many cases legal and actual innocence overlap each other. For example, researchers who provide this division, include insufficient evidence as a procedural error, not substantive. While, normally, an accused be wrongly convicted when there is no enough evidences. Actually, the criminal justice system ignores presumption of innocence. Despite disagreements, most researchers have applied actual concept of innocent and objective criteria in determining innocence in their studies.
