Analysis and evaluation of the lawmaker's approach of criminalism and zero tolerance in the hijab and chastity bill with an emphasis on the (three Strikes You're Out) of America

Bakhtiari, Fatemeh; Ghiyasi, Jalalodin

doi:10.22034/thdad.2024.2028732.2766

Analysis and evaluation of the lawmaker's approach of criminalism and zero tolerance in the hijab and chastity bill with an emphasis on the (three Strikes You're Out) of America

Document Type : Original Article

Authors

fatemeh Bakhtiari ¹

Jalalodin Ghiyasi ²

¹ PhD student in criminal law and criminology, Qom University

² associate professor of law faculty of Qom university

10.22034/thdad.2024.2028732.2766

Abstract

Adhering to hijab and keeping it requires the existence of appropriate legal mechanisms as a guarantee to respect it. It is an undeniable fact that the existence of an inappropriate law in this area will create a bipolar approach between the government and the nation. Such a fact reveals the necessity of the present research. This article elaborates on the hijab and chastity bill and considering the zero tolerance policy, the three strikes law and then deportation from the United States and the concept of risk and risk control to justify the increase in the punishment of the perpetrators. Investigations show that the legislator's approach in the Hijab and Chastity Bill is not very appropriate in case of repeated crimes and aggravation. In Article 37 of this bill, deprivation of social rights and imprisonment have been put in the same line without observing the proportionality of fines. Also, in paragraph 1 of article 28 of this bill, a big paradigm shift has occurred towards a zero tolerance policy with a growing priority of control instead of resocialization; This article clearly emphasizes the establishment and strengthening of closed-circuit cameras to identify the perpetrators, that such intensity of action will lead to techniques based on creating restrictions and coercion; This will cause loss of public trust.

Keywords

hijab

legislator

criminalism

zero tolerance

three Strikes You're Out

risk

Subjects