Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 963-978 |
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Bensaeed R, Heidari M, Malmir M. Alternative Punishments to Imprisonment in Achieving the Goals of Punishments. MLJ 2021; 15 :963-978
URL: http://ijmedicallaw.ir/article-1-1393-en.html
URL: http://ijmedicallaw.ir/article-1-1393-en.html
1- Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
2- Department of Criminal Law and Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
2- Department of Criminal Law and Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
Abstract:
Background and Aim: Punishment is one of the most common tools and manifestations of social reaction to the commission of a criminal act. In criminal law, punishments are chosen by legislators to achieve the goals of the criminal justice system. In the present study, the main goal is to what extent alternatives to imprisonment can achieve the goals pursued in the design of punishments.
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: Inspired by new perspectives on criminology and criminal science and criminal sociology, the United Nations criminal policy and advanced contemporary legal systems are based on the premise that prison use faces challenges, one of these challenges is the failure to achieve the goals of punishment in imprisonment.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The punishment of imprisonment has some characteristics and purposes that prevent the commission of a crime and in return has consequences that have a negative impact on the offender and society. Given the disadvantages of imprisonment, alternative punishments are discussed. Lawyers attributed positive features to alternatives to imprisonment, provided they were implemented correctly, accurately, and in principle, which could reduce crime in society; Including meeting punishment goals such as: Correction of the offender, means to adapt to society and to act as a committed citizen in society. Deterrence, both for the offender and for members of society, his assistance and supervision, strengthening the sense of responsibility, increasing the offender's commitment to society, increasing his presence in society, civil society participation in the execution of punishment and characteristics that do not have negative consequences of imprisonment.
Cite this article as: Bensaeed R, Heidari M, Malmir M. Alternative Punishments to Imprisonment in Achieving the Goals of Punishments. 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: Inspired by new perspectives on criminology and criminal science and criminal sociology, the United Nations criminal policy and advanced contemporary legal systems are based on the premise that prison use faces challenges, one of these challenges is the failure to achieve the goals of punishment in imprisonment.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The punishment of imprisonment has some characteristics and purposes that prevent the commission of a crime and in return has consequences that have a negative impact on the offender and society. Given the disadvantages of imprisonment, alternative punishments are discussed. Lawyers attributed positive features to alternatives to imprisonment, provided they were implemented correctly, accurately, and in principle, which could reduce crime in society; Including meeting punishment goals such as: Correction of the offender, means to adapt to society and to act as a committed citizen in society. Deterrence, both for the offender and for members of society, his assistance and supervision, strengthening the sense of responsibility, increasing the offender's commitment to society, increasing his presence in society, civil society participation in the execution of punishment and characteristics that do not have negative consequences of imprisonment.
Cite this article as: Bensaeed R, Heidari M, Malmir M. Alternative Punishments to Imprisonment in Achieving the Goals of Punishments. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/04/28 | Accepted: 2021/09/1
Received: 2021/04/28 | Accepted: 2021/09/1
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