نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Certainly, the increase in the number and population of prisoners has not only led to an increase in the rate of recidivism by people with a history of imprisonment condemnation, but has also had a negative effect on the efficiency and capabilities of the penal policy system in society, in addition to all the problems such as generating enormous costs for the society and inflicting a lot of damage on the convicts themselves and their families, as well as the many scientific and human rights criticisms that come with it, from the point of view that it causes the transmission of more criminal ideas in among the imprisoned population, and for its control and management, there are not very comprehensive correctional programs at the global and national level. Therefore, the need to contain and adjust has been considered for years and many international guidelines have been devoted to the necessity of solving it.
The increase in the penal population is a serious crisis in many societies, which is the result of several causes and factors. In the meantime, judicial factors, and in fact, the way of judges and courts functions and how they interpret legal requirements and authorities, and powers in choosing the imprisonment retribution play a very prominent role in the emergence and increase of this phenomenon.
In summary, the research results of this paper, which was carried out using a descriptive-analytical method, show that the dogmatic and pessimistic interpretation of legal texts, less attention of the judges to the requirements and ways of institutionalizing the principle of judicial authorities, and the existence of locked-in thinking in the society and the country's judicial structure are among the most obvious judicial factors affecting on increasing the rate and amount of the penal population in Iran's juridical system.
کلیدواژهها English
