نوع مقاله : علمی - پژوهشی
1 دانشجوی دکترای تخصصی، گروه حقوق، دانشگاه آزاد اسلامی، واحد قم، قم، ایران.
2 دانشیار گروه حقوق جزا و جرمشناسی، دانشکده حقوق، دانشگاه مفید، قم
عنوان مقاله [English]
The new penology teachings classify offenders to punish based on criteria such as crime risk and community security. The purpose of applying such teachings is management of the cost-effectiveness in enforcing legal penalties that impose a dual policy of strict and alternative punishment. The present study conducted on Adolescent Juvenile Delinquency, based on the legal and judicial data of Iran and The United States of America. The obtained results indicate that the criminal justice system of Iran has been functionalize by using the cost-benefit management model as an innovative measure of the new penology teachings in order to eliminate punitive and delinquent labeling of juvenile offenders. However, the US criminal system seems to be leading in strict monitoring of the behavior of juvenile offenders after committing crimes and simultaneously enforcing judicial measures. Our studies have shown that juvenile delinquency attributed to the threatened and colored people by virtue of the rule of retributivism and labeling, as well as the privatization of criminal justice in US has resulted in the use of de-deductible privileges from new penology has been largely deprive of justice. Our final study showed that the purpose of the Iranian criminal justice system in applying the teachings of new penology is classifying the perpetrators with a view to avoiding the maximum financial and social costs of imprisonment, as well as the reform and socialization of adolescents. The transformation, along with inherent functionalism, faces challenging aspects such as Penal populism and security-oriented in the interpretation of risk criteria.