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Paper Information

Journal:   JOURNAL OF LAW AND POLITICS   fall 2018 , Volume 14 , Number 37 ; Page(s) 77 To 113.

An Analysis about Principles and Necessities of Performance of Imprisonment Alternatives for Children and Adolescents (In light of the comparative look at the experience of Iranian-United States law)

Author(s):  Pourkhaghan Zaynab, Yaghoubpour Roza, Heidarpour Hamid Reza*
* Shahreza Azad University
Today, it is emphasized that juvenile delinquency is different from what is customary for adults (adult). This approach, from which it is referred to as a differential criminal procedure, has components and requirements that are all based on conscience, the reduction of severity, tolerance, approach to the future rather than the look of the past, orthopedic correction, and central therapy and retrospective insight. One of the most important issues discussed in this regard is the use of imprisonment alternatives as a means to reduce the harmful effects of prison sentences on children and adolescents. The implementation of these alternatives to this vulnerable and community-protected group has some important foundations, and at the same time, it explains and justifies the need for alternative punishment instead of imprisonment. In this article, while analyzing these principles and necessities, the Iranian-American legal system has been compared to this category. The choice of the recent legal system for this study is due to initiatives that have committed offenses against subjection to children and adolescents. Despite the many similarities between these two systems, despite the fact that Iran's criminal law, especially after the adoption of the Islamic Penal Code of 1392, has paid special attention to substitutes for imprisonment, it has committed abusive alternatives to children and adolescents. Crime, American law, and Iranian law have significant differences. The results of this study show that while in the United States, substitute detention is the most important response to the crimes committed by children and adolescents, and detention is the most important basis for judges of the courts in this country. In Iran, this tendency As it should and should not be judged by judges.
Keyword(s): Substitutions of imprisonment,differential penal proceedings,children and adolescents committed crimes,Iranian legal system,United States legal system
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