Challenges to Private Enforcement of Social Correction Penalties Alternative to Imprisonment in Iranian Law and the United States of America in the Light of Ethical Principles
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 11 No. 1 (1400),
2 November 2021
,
Page 7-22
https://doi.org/10.22037/bioeth.v11i1.36074
Abstract
Background and Aim: Today, despite significant ambiguities as well as fundamental criticisms of the privatization of prison sentences, the growing popularity of private or non-governmental institutions interfering with alternatives to imprisonment or social punishment can be seen. The cooperation of these non-governmental organizations is very evident in various ways, especially in American law, including towards vulnerable people such as children and adolescents. In Iranian criminal law, despite the negative attitude towards the privatization of prisons, the involvement of public institutions in social reform punishments can be considered in line with some teachings and some regulations emphasize this. In line with the fundamental question of the feasibility of such an approach, examples of social penalties in US criminal law and their contexts in Iran will be discussed.
Materials and Methods: This research is theoretical. The research method is descriptive-analytical and the method of data collection is library, which was done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while respecting the originality of the texts, honesty and fidelity have been considered.
Findings: It seems that the involvement of private non-governmental organizations as the implementer of some alternative correction responses, complying with moral norms, can at the same time strengthening the participatory policy and achieving the goals of social punishments by reducing the density of criminal cases and increasing their accuracy by attracting the cooperation of private sector experts.
Conclusion: Incentives to generate income and profit from convicts, as well as some structural-executive challenges such as discrimination and violence can overshadow the effectiveness of private enforcement of social correction penalties. Therefore, strengthening monitoring, case and limited implementation combined with expression and periodic pathology of performance can prevent the emergence of such obstacles. In Iranian criminal law, this policy is at the beginning of the road and despite anticipating some aspects of it, many of its components and practical formalities have been silenced that indicating the need for more technical legislation in this regard.
Please cite this article as: Khorshidi E, Shekarchizadeh M, Ghasemi Kahriz Sangi R. Challenges to Private Enforcement of Social Correction Penalties Alternative to Imprisonment in Iranian Law and the United States of America in the Light of Ethical Principles. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 7-22.
- Privatization; Alternative Punishments; Iranian Law; US Law
How to Cite
References
Parchami D, Derakhshan F. Examining social penalties alternatives for imprisonment and crime reduction. Journal of Sociological Studies. 2018; 11(40): 49-68. [Persian]
Khaksar D, Gholami H. Factors affecting the issuance of alternative punishments to imprisonment. Criminal Law Research. 2019; 7(26): 9-40. [Persian]
Haji Dehabadi A, Jalilzade M. Formation of private prisons: A Comparative study in Iran and United States. Legal Journal of Justice. 2013; 77(83): 9-34. [Persian]
Kalanfar M. Privatization of prisons in Iranian criminal law. Studies in Political Science, Law and Jurisprudence. 2017; 3(4): 40-49.
Cullen T, Jonson L, Stohr K. The American prison: Imagining a different future. Thousand Oaks: Sage; 2014. p.3-9.
Appleman L. Nickel and Dimed into Incarceration: Cash Register Justice in the Criminal System. Boston College Law Review. 2016; 57(5): 1483-1541.
Lindsey A. Punishment and Privatization: Examining the Theoretical Logic and Consequences of Privatized Corrections. Florida: Florida State University; 2018. p.18-19.
Cole G, Smith C, DeJong C. Criminal Justice in America. Washington: Cengage Learning; 2021. p.340-341.
Aviram H. Are We Still Cheap on Crime? Austerity, Punitivism, and Common Sense in the Trump/ Sessions/ Barr Era. Hastings Journal of Crime and Punishment. 2020; 1(1): 3-32.
McGowan M. Location, Location, Mis-Location: How Local Land Use Restrictions Are Dulling Halfway Housing's Criminal Rehabilitation Potential. The Urban Lawyer. 2016; 48(2): 329-363.
Mamun S, Li X, Horn P, Chermak M. Private vs. public prisons? A dynamic analysis of the long-term tradeoffs between cost-efficiency and recidivism in the US prison system. Applied Economics. 2020; 52(41): 1-13.
Deisler F. Group Therapy Approaches for Working with Criminal Justice Clients. New York: American University & College Press; 2010. p.102-105.
Ax R, Fagan T. Correctional Mental Health: From Theory to Best Practice. New York: SAGE Publications; 2010. p.345-346.
Siegel L, Bartollas C. Corrections Today. Washington: Cengage Learning; 2015. p.154-155.
Harris D, Henzel C. For-Profit Prisons. London: Abdo Publishing; 2019. p.40-51.
Moosavi M. The minimal government guarantees the protection of individual freedoms. Reflection of Thought. 2006; 27(1): 78-80.
Habibi A. The evolution of the concept of national sovereignty of governments in the light of the doctrine of the responsibility of protection. International Relations Research. 2017; 7(25): 149-174.
Ghaffari H. The relationship between the rule of law and the rule of law in the judicial system of the Islamic Republic of Iran. Public Law Research. 2011; 14(36): 107-132. [Persian]
Clear T, Reisig M, Cole G. American Corrections. London: Cengage Learning; 2021. p.253-254.
Lewandowski C, Bumgarner J. Criminal Justice in America: The Encyclopedia of Crime, Law Enforcement, Courts and Corrections. London: ABC-CLIO; 2020. p.45-50.
Modaberan A, Nikkhah R, Jafarzadeh S. Ethics and criminal justice in the Nuremberg International Special Criminal Court based on customary international law. Scientific Quarterly of Free Legal Research. 2020; 13(47): 25-42. [Persian]
Siegel L, Worrall J. Essentials of Criminal Justice. Washington: Cengage Learning; 2016. p.98, 302.
Kosiak D. Legal Aspects of Corrections Management. London: Jones & Bartlett Learning, LLC; 2021. p.371-375.
Davies P, Wyatt T. Crime and Power. London: Springer; 2020. p.148-149.
- Abstract Viewed: 344 times
- PDF (فارسی) Downloaded: 215 times