Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 37-58 |
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Ghasemi Falavarjani S, Masoud G, Tavakoli A. Interactions of public conscience and public opinion in the light of populist criminal policy. MLJ 2021; 15 :37-58
URL: http://ijmedicallaw.ir/article-1-1357-en.html
URL: http://ijmedicallaw.ir/article-1-1357-en.html
1- Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
2- Department of Jurisprudence and Basics of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
2- Department of Jurisprudence and Basics of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
Abstract:
Background and Aim: Among the social manifestations of the current era that have spread the criminal phenomenon in society is the public conscience and its effectiveness on the criminal phenomenon and crime and punishment. Criminal law and the manifestation of crime and punishment are not safe from this area. In the areas of legislation, adjudication, and enforcement, public conscience policies have forced the legislature to criminalize conduct in some areas. As a result, the executive and judicial organs are also influenced by the concept of public conscience in order to exercise their powers.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Populist criminal policy is based on daily events and crimes that hurt the public conscience as a cross-cutting criminal policy that cannot control the criminal phenomenon in the long run. Moreover, this kind of populist policy ignores the basic principles of legislation, which is the justice and interest of all.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In fact, public feelings and conscience have certain characteristics such as being explosive, transient, irrational, etc.; These descriptions, in turn, have made populist criminal policy harsh, popular, dramatic, emotional, and lacking in theory and science. A look at the characteristics and procedures of populist criminal policy reveals that the elements of the rule of law are challenged in the face of this policy in the field of criminal law.
Cite this article as: Ghasemi Falavarjani S, Masoud GH, Tavakoli A. Interactions of public conscience and public opinion in the light of populist criminal policy. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: Populist criminal policy is based on daily events and crimes that hurt the public conscience as a cross-cutting criminal policy that cannot control the criminal phenomenon in the long run. Moreover, this kind of populist policy ignores the basic principles of legislation, which is the justice and interest of all.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In fact, public feelings and conscience have certain characteristics such as being explosive, transient, irrational, etc.; These descriptions, in turn, have made populist criminal policy harsh, popular, dramatic, emotional, and lacking in theory and science. A look at the characteristics and procedures of populist criminal policy reveals that the elements of the rule of law are challenged in the face of this policy in the field of criminal law.
Cite this article as: Ghasemi Falavarjani S, Masoud GH, Tavakoli A. Interactions of public conscience and public opinion in the light of populist criminal policy. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/03/6 | Accepted: 2021/07/15
Received: 2021/03/6 | Accepted: 2021/07/15
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