Culmination of Law

Culmination of Law

Identifying and investigating the judicial factors and contexts affecting the increase in the criminal population

Document Type : Original Article

Authors
Mahmood Nozari 1
Cyrus Zarghami 2
1 PhD Student in Criminal Law and Criminology, Department of Criminal Law and Criminology, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran
2 Assistant Professor, Department of Criminal Law and Criminology, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran
10.22034/thdad.2024.2029279.2771
Abstract
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.
Keywords
Penal Population
Imprisonment
Judicial Factors
Prison Space

Subjects

References
Ashouri, Mohammad and Karimi, Mohammad Reza; Criminal Pathology of Imprisonment in the Approach of Iranian Criminal Policy, Quarterly Journal of Criminal Law and Criminology Research, No. 24, 1400
Tafarshi, Ali Reza; Principles and Foundations of Crime Prevention, Journal of Legal Thoughts, Year 2, 2008
Hosseinzadeh, Ali; Generalities of Crime Prevention, First Edition, Tehran, Tengah, 2011
Ali Abadi, Abdol Hossein; Criminal Law Course, Volume 2, Tehran: Joint Stock Company Publication, 1974
Kaveh, Mohammad; Pathology of Social Diseases (Volume 1), Tehran: Sociologists Publication, First Edition 2012
-Kunani, Salman et al.; Criminal Policy: From Discourse to Rhizomatic and Unlawful Constructions, Fourth Edition, Tehran: Majd, 2017.
Mehra, Nasrin; Punishment in criminal schools, Journal of Legal Research, No. 44, 2011
Arrigo, B; Criminal Law: An Introduction, third edition, London: MacMillan Publication, 2007
Cohen, W; Prisons and Human rights in Criminal law, 4th edition, New York: Polity press, 2014
Clian, S, and Morphy, D; Understanding Criminal Justice, London: Sage publication, 2019
Frink, A.T.; Great offenses: Concept and Scopes, London: sweet & Maxwell, 2021
Jerome, G.M.; The Debate on Rehabilitation of Criminals: Is it True that Nothing Works?, Printed in the Washington post, March 1989
Harper, S.H.; Criminal Statistics and criminal law in UK, Second edition, London: Sage publication, 2015
Hulsman, G.W.; Punishment in Critical Criminology, first edition, London: Sage, 2017
Glory, H.F.; Prison and Prisoner in Criminal System, Second edition, London: Polity press, 2009
Morris, G; Prison and Other Punishment: An Introduction, 3rd edition, New York: MacMillan Publishing, 2016
Mirandal, A; Offense against Security, Oxford: Oxford University Press, 2019
McGuire, A; Crime and Punishment: The History of Prison in UK, Third edition, London: Polity press, 2008
Martinz, D; Criminal Justice in the United States, second edition, New York: H.CO Press, 2012
Taylor, I, Walton, P; Prison Population: Critical approaches and New Problems, First published, London: Routledge, 2003
Salizar, A; Prison and Criminal Justice, Second edition, London, Sage publication, 2017
Stefan, A.M.; Prison in 21 Century: Changes and Challenge, First edition, New York: polity press, 2009
Schmidt, L; Criminal Justice: Issues and Scope, Second edition, Oxford University Press, 2013
Raymond, B; The crime problem, 4th. Ed, New York: Albert Publications, 1998
Rose, E; Crime and Punishment in 21 Century, first edition, London: Hamilton CO Press, 2009
Waraith, G; Prison Population in Modern Society, First edition, London: Polity press, 2018
Culmination of Law
Volume 11, Issue 2
Autumn 2025
Pages 159-188