MEHDI MUSAZADEH KOFI; alihosein najafiabrandabadi; bagher shamloo; firoz mahmodi janaki
Abstract
AbstractThe legitimacy and acceptability of punishment is dependent on the legitimacy of its constructive political structures. To legitimize the political structures, we need the rule of law. Governments acting according to law consider rationality as a measure of legitimacy and credit the values and ...
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AbstractThe legitimacy and acceptability of punishment is dependent on the legitimacy of its constructive political structures. To legitimize the political structures, we need the rule of law. Governments acting according to law consider rationality as a measure of legitimacy and credit the values and moral, social, and cultural norms of society. In modern governments based on wisdom, the principle of preserving the natural rights of humans and freedom has been established on reason. Citizens have the right to protest against it when governments fail to do their duty in protecting citizens’ freedoms. The principle of the right of states to punish, the basis and its principled structure and its effects, are the questions of the present study which has been carried out in descriptive-analytic mode. The right of citizens to rehabilitation and justice desert, as well as the rights of citizens to civil disobedience, and the right not to be punished are the results of the application of the rational-based right to punishment. The consequences of rational punishment are the mitigation and humanization of punishment and providing reasonable benefits to victims, criminals, and citizens.
ali hossein najafi abrandabadi; hossein goldouzian
Abstract
Postmodern or constitutive criminology is one of the theories of critical criminology that was born in 90s and introduced a systematic description of postmodernism into the writings on criminology. Despite the skeptical versions of postmodernism that have influenced humanities and social sciences, postmodern ...
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Postmodern or constitutive criminology is one of the theories of critical criminology that was born in 90s and introduced a systematic description of postmodernism into the writings on criminology. Despite the skeptical versions of postmodernism that have influenced humanities and social sciences, postmodern criminology provides an affirmative approach and despite accepting the criticisms of postmodernism on modernism and in particular positivist empiricism, it does not believe in nihilism and subjectivism. This theory does not accept the one-dimensional readings of crime which pre-existed in criminology and combines different theories from various scientific disciplines and uses all flows of thought in the realm of postmodernism to provide a compressive analysis. Seeing criminology as a social fact has no place in this theory and postmodern criminologists believe that due to complexity of social engagements and personal relationships, complicated causation theories like choatic theory are needed. in postmodernism cause of crime is not predictable and linear rather is sensitive to initial conditions and unpredictable . Therefore, in this descriptive-analytic study we attempted to investigate and analyze the theoretical and intellectual dimensions of postmodern criminology on crime, both in terms of concept and causation
Ali Hussein Nadjafi Abrandabadi; Hussein Ayargar
Volume 2, Issue 6 , April 2014, , Pages 9-37
Abstract
One of the issues in the domain of law and criminology texts which hasreceived special attention in the recent years is offenders supervision,especially dangerous offenders; supervisions which aim at protecting societyagainst the severe crimes committed by dangerous offenders.These sort of supervisions ...
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One of the issues in the domain of law and criminology texts which hasreceived special attention in the recent years is offenders supervision,especially dangerous offenders; supervisions which aim at protecting societyagainst the severe crimes committed by dangerous offenders.These sort of supervisions might lead to some law and criminologychallenges. The present researches have rarely paid attention to thechallenges of offenders supervision or merely referred to the concerns andproblems of one of the dimensions of supervision- by relying on foreignreference. Therefore, the present article seeks to express the most prominentchallenges on offender supervision and provides working procedure toremove them by aiming at taking benefit from statutes in Iran and relying onthe findings of a comparative study.Making the criminal justice practitioners aware of the findings and mostimportant practical challenges of supervision programs in other countriescan either lead to effective enactment of laws and designing a supervisionprogram on dangerous offenders or lead to reform the relevant laws. Theachievement of the present research is that the issue of supervisingdangerous offenders is facing with many failures and problems fromdifferent dimensions such as: conceptually; due to the lack of a clear borderbetween this concept and similar ones; on the definition; due to the lack of alegal criterion and evidence for crime and dangerous offender; and alsofrom the viewpoint of legality and execution. Hence, along with anexpression of the concept of supervision, suggesting the solutions for legaldefinition of crime and dangerous offenders and indication of supervisorytactics i.e. Register, Community Notification in order to improvementofficers’ role on dangerous offenders control is truly necessary.
