The Optimal Framework for Criminal Policy in Addressing Acts of Violence Perpetrated Against Children and Adolescents.

Document Type : Original Article

Authors

1 M.A. in Criminal Law and Criminology, Faculty of Humanities, Tehran Unit, University of Education, Tehran, Iran.

2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Humanities, Tehran Unit, University of Education, Tehran, Iran.

Abstract

Undoubtedly, the period of childhood is widely recognized as a critical developmental phase in human existence. It is during this time that a multitude of physical and mental dimensions of the child undergo formation and maturation. Consequently, any acts of violence perpetrated against children during these delicate years can have profound and detrimental effects on their overall growth and well-being. The escalating prevalence of violence directed towards children and adolescents, along with the imperative to provide assistance to the most susceptible segment of society, necessitates a comprehensive examination of this topic. The implementation of an appropriate framework for addressing offenders holds the potential to effectively address the issue of violence perpetrated against children and adolescents, leading to a reduction in the incidence of this phenomena in the future. Hence, the objective of this study is to develop an appropriate framework for addressing the issue of violence perpetrated against children and adolescents. The present study employs descriptive and analytical research methodologies, utilizing data obtained through both library and field-based data collection techniques. The investigation encompassed three distinct groups within the legal profession: law professors, judges and lawyers, and jurists and legal specialists. Out of the total population, a subset of 140 individuals was chosen using the stratified random sampling technique. The research findings suggest that an effective approach to addressing violence against children and adolescents would need a combination of restorative and punitive measures. The restorative model is employed when addressing those who perpetrate acts of violence against children and adolescents, whereas the punitive model is utilized for individuals who engage in violence that not only offends public sensibilities but also undermines the overall social order.

Keywords

References

1- Aghaei, Sara, Preventing Justice, first edition, Tehran: Mizan, 2017 (in Persian)
2- Abroshan, Hoshang, Alireza Saibani, Hossein Gholami, Behzad Razavi Fard, "Aspects of the criminal justice model in response to juvenile delinquency", Legal Research Quarterly 100(1401):111-128 (in Persian)
3- Ardabili, Mohammad Ali, Ali Hossein, Najafi Abrandabadi, Abdul Reza, Izd Panah and Qasim Mohammadi, "Criminal protection of child victims in Iran's legal system", Judicial Legal Journal 46(1383): 11-66 (in Persian)
4- Azazi, Shahla, family violence, first edition, Tehran: 2019 (in Persian)
5- Akbari Abbas Ali, Seyedah Monira Hejazi, "Iran's criminal policy against child sexual abuse in the light of the child and adolescent protection law approved in 2019", Children's Rights Quarterly, 8(2019): 109-81 (in Persian)
6- Pradel, Jean, History of Criminal Thoughts, 11th edition, translated by Ali Hossein Najafi Abrandabadi, Tehran: Samit, 2016 (in English)
7- Samavati Pirouz, Amir, Restorative justice, the gradual adjustment of criminal justice or its change, first edition, Tehran: Negah Bineh, 2015 (in Persian)
8- Shiri, Abbas, Adalat al-Samani, 2nd edition, Tehran: Mizan, 2017 (in Persian)
9- Shir Ali, Ismail, "Exploration of violence and child abuse in Tehran", Iranian Social Issues Quarterly, 1(1400): 199-224 (in Persian)
10- Abbasi, Mostafa, New horizons of restorative justice of criminal mediation, first edition, Tehran: Danshor, 2012 (in Persian)
11- Gholami, Hossein, legal and criminological investigation of repeat crime, third edition, Tehran: Mizan, 2019 (in Persian)
12- Gholami, Hossein, Adalat Sanamani, 5th edition, Tehran: Samit, 2013 (in Persian)
13- Farjiha, Mohammad, Encyclopedia of restorative justice, a collection of articles of the international conference of restorative justice and prevention, first edition, Tehran: Mizan, 2016 (in Persian)
14- Cottingham, John, "The Philosophy of Punishment", translated by Ebrahim Batani and Mohsen Burhani, Journal of Fiqh and Law 4(1384), 147-170 (in English)
15- Maxwell Gabriel, Ellison Morris, "Restorative Justice, a new model of thinking in criminal matters", translated by Hossein Gholami, Research Journal of Law and Politics, 9(1382): 184-204 (in English)
16- Madani Qahfarkhi, Saeed, Amir Hamzeh Zinali and Ali Hossein Najafi Abrandabadi, Pathology of Children's Rights in Iran, first edition, Tehran: Mizan, 2019 (in Persian)
17- Mirzaei, Mohammad, Abbas, Masoudi, "The role of the police in the implementation of restorative justice programs", Detective Quarterly 17(2010): 84-107 (in Persian)
18- Mahdavi, Mahmoud, Andia Hosseini Kia, "Protection of children and adolescents at risk of being victimized", National Conference on Criminal Policy of Iran regarding the victimization of children and adolescents, (2012): 1-21 (in Persian)
19- Mahdavi Thabit, Mohammad Ali and Saman Abdullahi, "Iran's preventive criminal policy regarding violence against children", Scientific Quarterly of Crime Prevention Studies, 51(2018): 33-9 (in Persian)
  20-Mohammednsal, Gholamreza and Zahra, "Investigation of the causes of the cycle of child abuse with emphasis on the opinion of experts", Women's Police Magazine 22(2014): 1-16 (in Persian)
21-Niyazpour, Amir Hossein "Iran's criminal justice responses to juvenile delinquency", Crime Prevention Studies Quarterly 14(2009): 56-77 (in Persian)
22- Najafi Abrandabadi, Ali Hossein, Hamid, Hashem Beigi, Encyclopedia of Criminology, fifth edition, Tehran: Ganj Danesh, 2017 (in Persian)
23- Najafi Abrandabadi, Ali Hossein, Alireza, Jamshidi, Horizons of Criminal Justice for Children and Adolescents in Iran's Legal System and International Documents, First Edition, Tehran: University of Judicial Sciences and Administrative Services, 2013 (in Persian)
24- braithwaite,John,crime,shame and reintegration,Melbourne,Australia,Cambridge university press,2015(in English)
25- colonization, pratt,powar and silence: A history of indigenous Justice in New Zealand society,in Galaway, 2016(in English)
26-Gains,larry and Miller,roger,criminal law in action,Thomson learming publication,second edition,2003 (in English)
27- Gvrielides, theo,Restorative justice theory and practice Helsinki,Hakapainooy,2007(in English)
28- Garvey, Stephen, Restorative Justice, punish ment, and Atone ment, UTAHLAW REVIEW, 2003(in English)
29-Hudson,Barbara,understanding Justice:An Introductionto Ideas, perspectives and controversies in modern penal theory,2nd edn,Milton Keynes:open university press,2003(in English)
30- Johnstone, Gerry ,restorative Justice: Ideas,values,debates,willan publishing.2015(in English)
31- Marsh, Ian, with john cochraneand gaynor Melville: criminal Justice, an introduction to philosophies, the ories and practice, first published, London and new york,2004(in English)
32-Mandery,evan.Capital punishment: A Balanced Examination. Criminal Justice Illuminated.Jones & Bartlett publishers,New York,2015(in English)
33- Musarella & Szuchman,psychological perspectives on human Sexuality.Landan:John wiley & sons2000(in English)
34-Rahami, Mohsen,Development of Criminal punishment in the Iranian post Revolutionary penal code,European Journal of crimem,criminal Law and criminal justice,vol.13,issue4, 2005(in English)
35-Regoli, Robert, M& Hewitt, john, D. Exploring criminal justice, jones and Bratlett publishers, 2008(in English)
36- strong, van ness, d.w &, k.h. restoring justice: anintrodu ction to restorative justice. 3rd ed.cincinnation. oh: Anderson publishing,2016 (in English)
37-wright,martin,the paradigm of restorative justice,summer,2012(in English)
38- walklate, Sandra, Understanding criminology: current theoretical dabates, second edition,open University press,Buckingham,philadelpia, 2015(in English)
 
 
 
Journal of Criminal Law and Criminology
Volume 11, Issue 22
March 2024
Pages 7-38

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