Discrimination and Conflict of Technological Preventive Measures and the Growth of Surveillance Communities with the Principle of Presumption of Innocence

Nasr, Ghasem; EbneTorab, Maryam

doi:10.22034/thdad.2021.476147.1338

Discrimination and Conflict of Technological Preventive Measures and the Growth of Surveillance Communities with the Principle of Presumption of Innocence

Document Type : Original Article

Authors

Ghasem Nasr ¹

Maryam EbneTorab ²

¹ PhD Student in Islamic Jurisprudence and Fundamentals of Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.

² Assistant Professor, Faculty of Theology and Islamic Studies, North Tehran Branch, Islamic Azad University, Tehran, Iran.

10.22034/thdad.2021.476147.1338

Abstract

The covering meaning of preventive measures against crimes that are in conflict with the principle of presumption of innocence are all actions that inspire citizens to look at their senses. From the presence of police in the streets to the technological and environmental measures.What preventatives tools that is in conflict with the presumption of innocence is a deterrent that leads to suspected citizens before the crime is committed. When we assuming those people are clean and free from guilt and crime, the execution of decisions that suspects them is in conflict with the innocent presumption.Some of these monitoring measures are exempted as a deterrent to crime of a kind against national security and terrorism. But, in fact, excessive reliance on surveillance measures is a political issue that leads to increase state power.In this research, we refer to various types of preventive actions, and we conclude that virtually the principle of innocence is subject to erosion by the adoption of policies announced by governments, and we will answer this question, which ways to protect this Principle and adherence to these conflicts are considered?

Keywords

Surveillance societies

Discremination

Conflict

Technological Determining Practices

Principle of Presumption of Innocence