Effective executive factors in increasing the criminal population

Document Type : Original Article

Authors

1 Phd Candidate, Institute of Governance & Policy, Islamic Azad University: Bandar Abbas Branch, Bandar Abbas, Iran

2 Assistant Professor, Institute of Governance & Policy, Islamic Azad University: Bandar Abbas Branch, Bandar Abbas, Iran Corresponding Author Email: cyruszarghami@iauba.ac.ir

3 Assistant Professor, Institute of Governance & Policy, Islamic Azad University: Bandar Abbas Branch, Bandar Abbas, Iran

Abstract

In addition to all judicial factors with legal and criminological aspects, there are also a series of executive factors or judicial factors arising from administrative and executive conditions in different social systems,each of which is somehow related to the increase in the criminal population, they are identified and introduced among the effective factors of its aggravation. These factors generally show the perception and understanding of judges and courts on issues such as the quality and efficiency of the intervention of non-governmental sectors in responding to various crimes,which in many legal systems have not yet gained a favorable position, and these factors are really among ones that increase the criminal population. In this article, with a descriptive and analytical method, the most effective executive factors in the phenomenon of the increase in the criminal population are discussed. The findings of the research show that issues such as statism and lack of sufficient time for the courts to deal with cases, distrust of courts and their problems in communicating with non-governmental sectors and the executive branch in implementing the system of alternatives to imprisonment,and individual,cultural and social bases that are effective in the tendency of judges to incarcerate, the involvement of non-judicial authorities who defend incarceration in proceedings and the lack of supervision by higher decision-making authorities on the way of extreme judicial incarceration are among the most obvious factors influencing the increase in the prison population. They are considered that any way of ignoring them will be crisis-creating and even anti-normative.

Highlights

*The judicial criminal policy of the Islamic Republic of Iran, grounded in the Constitution, the Code of Criminal Procedure, and related regulations, aims to promote reform oriented and preventive approaches, safeguard fundamental citizens’ rights, and align with Islamic legal principles.
*In recent years, decarceration and the reduction of prison admissions, and consequently the prison population, have become major objectives of Iran’s judicial criminal policy.
*Judges' response to crime, relying on legal provisions and influenced by their professional training and personal backgrounds, coupled with restriction of responses to formal criminal justice and weak institutional cooperation, can lead to an increase in prison populations.

Keywords

Main Subjects

References

References
Books
Anry, D. E. Crime, Punishment and Society, Oxford University Press, 2014.
Ashworth, Andrew and Julian V. Roberts. Sentencing and Criminal Justice, Cambridge: Cambridge University Press, Sixth Edition, 2015.
Blomer, Z. Criminal Law in 20th Century, Rotherdam Press, 2014.
Davidson, M. Crime and New Punishment, London: University of London, 2018.
Filberg, V. New Zones in Criminal Law, New York: Routledge, Fifth Edition, 2011.
Hollin, C. R. and E. J. Palmer. Offending Behavior Programmes: Development, Application and Controversies, John Wiley and Sons, 2006.
Hossein-Zadeh, Ali, Generalities of Crime Prevention, Tehran: Tendency, First Edition, 2011. (in Persian)
Jeremin, D. H. New England Criminal Law, London: Sage, 2021.
Jones, S. English Legal System, London: Polity Press, Eighth Edition, 2019.
Kaveh, Mohammad, Pathology of Social Diseases, Tehran: Sociologists, First Edition, 2012. (in Persian)
Kelly, S. Criminal Law and International Rules, London: Macmillan, 2016.
Konani, Salman, Decriminalization and Reduction of Criminal Titles, Tehran: Official Newspaper, First Edition, 2021. (in Persian)
Moris, G. Prison and Other Punishment: An Introduction, New York: MacMillan Publishing, Third Edition, 2016.
Philipe, G. Z. England Criminal Procedure: An Introduction, London: Polity Press, 11th Edition, 2019.
Radzinowich, F. Security-oriented Criminal Law, London: Routledge, Second Edition, 2022.
Reymond, B. The Crime Problem, New York: Alber Publication, Fourth Edition, 1998.
Rick, D. P. Public Values in Criminal Law, New York University Press, First Edition, 2016.
Robert, A. The Basis of Criminal Law in United State, Washington University Press, Third Edition, 2018.
Rozenberg, H. Crime and Social Punishment in American legal system, New York: Hamilton Press, 2020.
Salizar, A. Prison and Criminal Justice, London: Sage Publication, Second Edition, 2017.
Waraith, G. Prison Population in Modern Society, London: Polity Press, First Edition, 2018.
Williams, H. The Policy of Judgment in Modern Society, Manchester: Free Press, Sixth Edition, 2008.
Articles
Ashouri, Mohammad and Jamal Ansari, “Factors Behind The Increase In The Criminal Population Due To Pre-Trial Detentions”, Justice Legal Journal, Volume 82, Issue 102, 2018. (in Persian) Doi: 10.22106/jlj.2018.32731
Dina, R. R and R. C. Todd. “Incarceration, Social Capital and Crime: Examining the Unintended Consequences of Incarceration”, Criminology, Volime 36, 1998.
Kashefi, Hassan and Mohsen Khalesi, “Alternative Punishments To Imprisonment In French Law”, Justice Legal Journal, Volume 65, Issue 36, 2001, PP 11530175. (in Persian)
Konani, Salman, Mohammad Ali Mahdavi Sabet, Ali Safari and Mohammad Ali Ardebili, “A Community-Based Analysis Of The Policy Of Reform And Treatment Of Male And Female Convicts And Its Methods”, Quarterly Journal of Women and Society, Volume 11, Issue 42, 2019, PP 227-255. (in Persian)
Kordi, Mazaher, “Article On The Effects Of Imprisonment On The Prisoner And His Family”, Correction and Training Magazine, Issue 70, 2007. (In Persian)
Sapsford, R. J. “Life- Sentence Prisoners: Psychological Changes during sentence”, British Journal of Criminology, Volume 18, 1978.
Shams Natri, Mohammad Ibrahim and Javad Riahi, “Evaluation Of Social Punishments Included In The Islamic Penal Code Bill In Light Of The Replacement Model”, Islamic Law Quarterly, Volume 9, Issue 33, 2012, PP 191-216. (in Persian)
Zare’zadeh, Sa’eed, “An Analysis of The Incoming Statistics of Prisoners With The Approach of Reducing The Criminal Population”, Reform and Education Monthly, Issue 51, 2015, PP 47-48. (in Persian)
Theses
Bahmani, Zahra, “Analysis of The Conditions And Characteristics of The Implementation of The Provisions of Official Documents In The New Regulations With The Previous Regulations”, Master Thesis, University of Tehran, 2016. (In Persian)
Gargari, Yaser, “The Challenges of Statism in the Iranian Criminal Justice System”, Master Thesis, University of Tehran, 2021.  (in Persian)
Mortazavi, Sayyed Ebrahim, “Legal And Criminological Study Of Suspension Of Prosecution”, Masters Thesis, Imam Khomeini International University, 2011, (in Persian)
Mozaffari, Ahmed, “Alternatives to Imprisonment In Iran's Judicial System; Re-Examination of Objectives, Methods and Challenges”, PhD Thesis, Islamic Azad University, Damghan Branch, 2023.  (in Persian)
Sardari, Hamed, “Necessary Mechanism for Implementing Supervised Suspension in Iran”, Master Thesis, University of Judicial Sciences and Administrative Services, 2018. (in Persian)

Files

History

  • Receive Date: 14 October 2024
  • Revise Date: 16 December 2024
  • Accept Date: 26 January 2025

Share

How to cite

Statistics