The Role of Democracy in the Legitimacy, Policy-Making and Criminal Process*

Document Type : Original Article

Authors

1 Ph.D. Candidate, Faculty of Humanities, Islamic Azad University (Qom Branch), Qom, Iran

2 Professor of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran Corresponding Author

3 Associate Professor of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

4 Associate Professor of Law, Faculty of Law & Political Sciences, University of Tehran, Tehran, Iran

10.48308/jlr.2022.227031.2214

Abstract

In democratic policymaking, the demands of citizens in Criminal Normalization are taken into
consideration. The legitimacy of criminal measures is achieved through the identification of citizens and
the protection of their freedoms. In a democratic system, citizens have the most democratic participation in
the Criminal process. In this research, this question is answered in a descriptive-analytical way through
library information in the light of the three principles of representation, citizenship rights, and limitation of
power. What is the position of citizens' demands for a fair criminal policy that is maximally acceptable and
to what extent should the will of the general public be taken into account? The result of the present study
is that the principles of democracy in any society, in terms of the degree to which it is conceptualized, affect
the type and manner of criminal policies. Democracy by providing citizens' satisfaction and providing
democratic participation while influencing criminalization can provide the basis for a fair criminal response
in society. Paying attention to the will of citizens in democratic policy-making causes criminal responses
to be redefined in the light of the concepts of civil rights, and criminalization and Sentencing to be carried
out following the culture and civilization of society. the findings in this study are positive this fact, That
the coercive result of establishing the concepts of democracy in societies is not necessarily the establishment
of humane criminal responses, and in some cases, policymakers deviate from democratic concepts to
establish strict responses

Keywords

Main Subjects

References

  1.  

    References

    Books

    1. Ābed-Al-Jāberi, M., Democracy and the Human Rights, 2010, Translated by: Armin, M., Tehran: Morvarid, 2019. (in Persian)
    2. Boyd, E. Democracy, the Expansion of the Government in the Globalization, Translated by: Mowasaghi, A. First edition, Tehran: Nashr-e Rokh, 2017. (in Persian)
    3. Corlett, j. Angelo, Responsibility and Punishment, San Diego, United States, Published by Springer, 2006.
    4. Delmas-Marty, M., Les Grands Systèmes de Politique Criminelle, 1992, Translated by: Najafi Abrandabadi, A., Tehran: Mizan, 2019. (in Persian)
    5. Easton, S., Prisoners' Rights: Principles and Practice, (2011). Translated by: Shahlaei, F., Tehran: Negah-e-Bayyeneh, 2015. (in Persian)
    6. Falcón y, Tella, M AND Falcón y Tella,F, Punishment and Culture: A Right to Punish? Netherlands, Martnus Nijhoff Publishers, 2006.
    7. Jafari Tabar, H., Wondering Logic in the Legal Reasoning, Tehran: Nashr-e- no & Nashr-e- Asim, 2020. (in Persian)
    8. Julian V, R., Criminal Justice: A Very Short Introduction (Very Short Introductions), 2015, Translated by: Ghourchi Beigi, M., Tehran: Samt, 2021. (in Persian)
    9. Lazerges, C., Introduction à la Politique Criminelle, 2001, Translated by: Najafi Abrandabadi, A., Tehran: Mizan, 2021. (in Persian)
    10. Najafi Abrandabadi, A., Internationalization- Fundamentalization of the principles of Criminal Law, Encyclopedia of Legal Policy, Tehran: of Legal Affairs of Vice President Press, 249 -260, 2019. (in Persian)
    11. Norval, M., Rothman, D., The Oxford History of the Prison: The Practice of Punishment in Western Society, 1999, Translated by: Ishraq, P., Tehran: Nahid, 2019. (in Persian)
    12. Pratt, J., Punishment and Civilization: Penal Tolerance and Intolerance in Modern Society, 2002, Translated by: Hozhabr-Al-Sadati, H., Tehran: Mizan, 2017. (in Persian)
    13. Qomashi, S., Human Dignity and its Role in Criminalization, Tehran: Mizan, 2014. (in Persian)
    14. Roger, H., Hoyle, C., The Death Penalty, Translated by: Shahlaei, F., Tehran: Neghah-e-Bayyeneh, 2012. (in Persian)
    15. Sevdiren, Ö., Alternatives to Imprisonment in England and Wales, Germany and Turkey: A Comparative Study, 2011, Translated by: Daneshnadi, H., Safaei, H., Tehran: Mizan, 2020. (in Persian)
    16. Tocqueville, A., De la démocratie en Amérique, 1840, Translated by: Moqaddam-e-Maraqei, R., Tehran, Elmi & Farhangi, 2017. (in Persian)
    17. Turaine, A., What is democracy? (1997), Translated by: SadeqZadeh, S., Tehran: Sales, 2020. (in Persian)
    18. Van Prooijen, J, The Moral Punishment Instinct, Oxford University Press, 2018.

    Articles

    1. Bibas, Stephanos, "Forgiveness in Criminal Procedure", Faculty Scholarship at Penn Law, 2007.
    2. Brett Schneider,” The Rights of the Guilty: Punishment and Political Legitimacy Political Theory”, Sage Publication, April, Vol 35, No 2, 2007.
    3. Dubber, D, "The Criminal Trial and the Legitimation of punishment, the Trial on Trial", R, A. Duff, et al. (Eds.), 2004.
    4. DZUR, A, & Mirchanani, R, "Punishment and Democracy, The role of public deliberation" SAGE Publications Los Angeles, London, New Delhi and Singapore. Vol 9, 2015.
    5. Ebrahimi, S., Implementing the UN Minimum Rules on the Correctional Treatment to the Prisoners in the Domestic Law, 2018, under the supervision of Shiri, A., Tehran: Mizan, 88-116. (in Persian)
    6. Garland, D, "Sociological Perspective on Punishment, Crime, and Justice", Published by The University of Chicago Press, vol 14, 1991.
    7. Hariri Akbari, M., “Democracy and the Civil Society”, Humanities Research Journal of Shahid Beheshti University, No. 29, 2018: 134-148. (in Persian)
    8. Hazarjaribi, J., “Determination of Novel Community-Oriented Strategies of the Police Based on the Sociology of Emotion’s Theory”, Scientific Research Quarterly of Social Order, No2, 2018:169-189. (in Persian)
    9. Jafari Tabar, H., Yes to Citizenship, NO to Non-Citizenship, Citizenship Rights Conference, Tehran, Faculty of Law and Political Science Press, 2009, 85-92. (in Persian)
    10. Mahmoudi Janaki, F., Moradi Hassanabadi, M., “Public Opinion and Criminalism”, Legal Studies Quarterly (Shiraz Social and Human Sciences), 2013: 175-214. (in Persian)
    11. Najafi Abrandabadi, A., “An Introduction to Research in the Criminal Justice System in the Needs of Research in the Criminal Justice System”, selected articles in the criminal justice system; Opportunities and Challenges, Tehran: Mizan Publishing in collaboration with the General Directorate of Education and Research Office of the Judicial Organization of the Armed Forces, 2012: 9-19. (in Persian)
    12. Najafi Abrandabadi, A., “Refinement and Restoration of Criminal Law with an Emphasis on Iran's Criminal Law”, Collection of Articles of the Restorative Justice Conference, the Bridge between the Civilizations of the Silk Road, Tehran: Mizan, 2017: 823-799. (in Persian)
    13. Rostami, H., Mirzaei, F., “Evolution in the Penal System in the Light of the Civilization Process”, Criminal Law Research Quarterly, No. 34, 2021: 131-99. (in Persian)
    14. Shamlou, B., “Reviewing the Preventive Criminal Policy in the Light of the Covid-19 Pandemic and Chaos Theory”, Legal Research Journal, Law and Corona Special, 2019:111-142. (in Persian)
    15. Shamlou, B., “The Nature and the Role of the Jury in Iran's Criminal Justice System from Rise to Decline”, Journal of Legal Research, 56, 2019: 677-697. (in Persian)
    16. Shamlou, B., Hosseini, A., “The Right to the Mental Health of Delinquent Children and Adolescents in the Light of Differential Criminal Justice”, Journal of Legal Research, No. 2019: 92, 71-96. (in Persian)
    17. Susanne, k, Lafree, G," Democracy, Crime, and Justice", Published The Annals of the American Academy of Political and Social Science journals, Vol 605, Issue1,
    18. Wilkes, Donald E Jr "More on the New Federalism in Criminal Procedure," Kentucky Law Journal: Vol. 63: Iss. 4, Article 2.1975.
    19. Zvi D. Gabbay, "Justifying Restorative Justice: A Theoretical Justification for the Use of Restorative Justice Practices", Journal OF Dispute Resolution, Vol 4, 2005.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

Files

History

  • Receive Date: 07 May 2022
  • Revise Date: 14 April 2024
  • Accept Date: 28 May 2022

Share

How to cite

Statistics