متون حقوقی

2021-10-17 23:22:17 Some of the victims are very distressed, homeless or psychotic, and not easily accessible to interviewers. Young men who usually experience a lot of violence are often either black or exposed to violence instead of interviewing about violence. Some types of crime do not have a specific victim and are therefore unlikely to be reported: such as illegal environmental pollution.
The value of such surveys, however, is that they correct very low estimates of crime rates resulting from "underreporting" and "underreporting." Many abuses are not reported to the police because those who have to report them are either too intimidated or too embarrassed (for example, in sexual assaults), or they consider the offense trivial, or they do not want to be interrogated. Some prefer to deal with offenders in their own way, especially when the offenders are teenagers. Some violations are not recorded even if they are reported, the least of which is due to statistical considerations. Reporters may not be trusted and may find their statements to be hateful. Reporting the story may seem trivial. An increase in the number of registered crimes that remain unsolved could mean police incompetence. The end result of underreporting and underreporting is that there is a very low estimate of the crime rate, which victim surveys correct to some extent. It is conceivable that these surveys will eventually one day replace official police statistics, but only in the case of general crimes such as extortion, theft, and petty assault (Mayhew et al., 1989).
Criminal correction
The criminologist is usually a scientist, not a social or judicial reformer, and only prepares and interprets research findings. It is the activists and social activists who promote and propagate these findings if they are consistent with their goals. But this distinction is often blurred in practice. The subject of criminological research - for example, the negative effects of imprisonment - is usually determined by the research funding institution, and even when the choice is the responsibility of the researcher, it may have traces of his or her ideology. Fortunately, there are criminologists whose honesty leads to reporting unexpected or unusual findings - such as when they find that judicial reformers are studying the negative effects of imprisonment (see Bottoms and Light, 1987, ch. 8).
Article Source:
AutoWitt, William. Batamor, Tom; (2013), The Culture of Social Sciences of the Twentieth Century, translated by Hassan Chavoshian, Tehran: Nashr-e Ney, first edition
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2021-10-17 23:22:17 Investments can be made a little more secure with security devices and signs. If street lighting is better, indoor passages (such as underground tunnels) are less, and architectures are smarter, thieves and looters can be more difficult to hide from view. Neighborhoods are increasingly calling for the organization of "neighborhood watchdogs" and even task forces, although law enforcement agencies do not welcome such groups because their activities may violate the limits set by law (police). All of these methods are called "centralized methods". Decentralized methods such as improving housing, improving schools, and improving employment opportunities are also popular. There is little evidence that such methods have a positive effect on crime rates, and it is not easy to interpret this evidence; But these methods have other advantages on the basis of which they can be recommended.
Victimism
Victimology is to some extent supportive of preventive methods. It was in the early twentieth century that proponents of the natural history of crime approach recognized that victimization was not entirely accidental, and that certain occupations, activities, and behaviors increased the likelihood of victimization. Prostitutes, taxi drivers, security guards, and these days school teachers and social workers are well aware of this fact. In the 1950s, a study by Marvin Wolfgang (1958) on murder drew public attention to methods of inciting or inviting killers through the victim's type of action, and he coined the term "seductive victim." Most violence against women is perpetrated by husbands or lovers; Child abuse is often perpetrated by parents or family members. It has even been suggested that some personality types, especially among the lesser, may seek violence or sexual abuse. Victims of scams and scams are often those who turn a blind eye to the irrationality of what is being offered to them. In the case of a dispute, it is difficult for the police or the court to identify the victim and the assailant with confidence.
Victims may not always be innocent; But that does not diminish their needs. Victims of violence need medical attention, but especially when they are sexually assaulted, they need more humane treatment during interrogations and interrogations. Facing an aggressor or assailant in court can add to the victim's emotional distress. Especially for children. For this reason, special methods have been developed to obtain and present evidence about children. Many lawsuits now allow adult victims of sexual assault to remain anonymous and not have news coverage of them in the mass media. The Rape Crisis Center provides free psychological counseling and assistance to these victims. There have even been experiments to bring together perpetrators and victims of crimes such as coercion and rape that may work in both ways; It is very difficult to evaluate the results of these experiments.
Compensation
Compensation means paying attention to the material needs of many victims, especially the poor. In many Western countries, victims can seek financial compensation in criminal courts instead of looking at the lengthy process of providing civil assistance. But this method does not solve the main problem - many offenders are unable to pay the sums ordered by the court, especially if they have been sentenced to forced labor. The government's plans to provide such compensation are limited to a number of offenses, usually involving psychological harm or violent physical injury. Compulsory insurance for financial crimes has not yet been implemented in any country. This issue has not yet been fully addressed (for example - Hodgson, 1984).
Victims' Surveys
A remarkable development in recent decades has been the Victims' Survey, which asks questions from examples that represent the general public about abuses or crimes committed against them or their children over the past year (or other specific time periods). These scrolls deal with some minor bugs. باز کردن / نظر دهید

2021-10-17 23:22:17 Even when these variables are combined mathematically, the maximum result is that the probability of members of each category committing a violation can be distinguished. For example, a girl with a favorable family life, a good education, and a clerical job is much less likely to commit a crime than a boy who divorces his parents, with a low education, and a temporary job. Here we have a puzzle to explain, some parts of which are missing. There are many people who are subject to the law throughout their lives with the same conditions, and to clarify this, we only need to consider the life history of more individuals.
Some criminologists prefer the "situational" approach. In this approach, the main determinant is considered to be situations in which opportunities arise that are accompanied by the temptation of the offense or stimulate the motivations to commit the offense. It is assumed that the vast majority of people, if they are sure that they will not be punished, will take advantage of the opportunities that arise for - for example, theft. People differ in the things that tempt them and in the certainty that they are likely to be condemned; But wherever there is an attractive and deceptive "target", it will be hit sooner or later. There can be no denying the existence of those who have strong moral deterrents, but when we look at the prevalence of deceptive transgressions and all kinds of deceptions, we cannot pay much attention to these moral principles. This view, like most of the new achievements in the field, is accompanied by exaggeration and exaggeration; But as we will see in the section on prevention, it is not without value (see, for example, Laycock and Heal, 1986).
Cypriotism
In this branch of criminology, they deal mainly with formal and administrative methods of dealing with identified offenders, which include: the death penalty, deportation, imprisonment, fines, education and forced labor, and other non-criminal measures; Some criminologists are also interested in informal public reactions such as defamation and rejection. Among the achievements of criminological research are the following findings: The death penalty is less than "life imprisonment" (ie long and indefinite imprisonment) leads to the pursuit of murder; Deterrent punishments are not very effective when there is little prosecution; Offenders who accept corrective measures are in the minority and cannot be easily identified at the sentencing stage. Offenders who have long been in prison or hospital to support others are not in fact dangerous individuals and can be released under surveillance. Criminologists also deal with the unintended consequences of methods such as imprisonment and have corrected some exaggerations, such as the psychological effects and consequences of these methods. The debate over the reasons for punishment or the scope of the powers of criminal law is more in the realm of philosophy of ethics than criminology, but those who enter into these debates should be familiar with criminology.
prevention
Although detention is strictly one of the types of crime prevention efforts (and is classified as such in continental Europe), in Anglo-American criminology prevention usually means paying attention to potential goals. It is a crime, not potential offenders that are more difficult to identify. The situation approach described earlier, as well as some disappointing findings about the effectiveness of offenders' approach, suggest that more resources should be devoted to vulnerable targets. These vulnerable targets may be individuals or assets or even the "environment". To reduce the vulnerability of people, they can be made aware of the dangers of being in certain places and times and being careful when associating with strangers. Women can be advised not to carry handbags. In some countries, citizens can be armed with small pistols; However, the consequences of such practices are probably more harmful than not being armed. باز کردن / نظر دهید

2021-10-17 23:22:17 Criminology
Criminology is the general title of a group of related topics: the study and explanation of lawlessness; Formal and informal methods of societies dealing with lawlessness (criminal); And the characteristics and needs of victims of lawlessness (victimology). The slang use of the term by novelists and journalists, which means finding and examining evidence that may lead to the conviction or acquittal of suspects (scientific scientific experiments or forensic science), is completely incorrect.
The study of criminals and their behavior is currently the work of psychologists and sociologists. In the past, psychiatrists such as Cesare Lambroso and Henry Modsley, and psychoanalysts such as Edward Glover, have written about antisocial behavior as if it could always or usually be attributed to innate or acquired personality disorders. Today, the wise psychiatrist limits his generalizations to only criminals with disorders with clear and infallible complications. Such people are just a small minority, even when "antisocial personality disorders" are considered.
Natural history
Early attempts to explain lawlessness were accompanied by a neglect of the "natural history" of these behaviors - the realities of criminal life. Some nineteenth-century scholars, especially Henry Meyhew (1851-62), described the violence and deception of the urban poor with all realism. But the anti-social behavior of the upper classes was left to the novelists and reporters of the courts. It was not until the twentieth century that criminologists, especially Sutherland (1937), were able to provide more accurate and comprehensive descriptions of criminals' lifestyles, and middle-class publishers discovered a good market for the memories of educated criminals (see, for example, Curtis, 1973). ). These descriptions were not free of bias and distortion, but gave real flesh and blood to ideals in which nothing more than age, past crimes, and sometimes the official occupations of criminals were reported.
Explanation
As a result of the above developments, a more mature approach to crime explanation emerged. The pandemic and variety of law-breaking were gradually acknowledged. A number of sociologists and psychoanalysts have resorted to "general theories" to explain all crimes and even perversions (crime and perversion); But proponents of the natural history approach knew that these general theories were as futile as providing a single explanation for all "diseases." Even very specific types of offenses, such as shoplifting or infanticide, were committed by people with completely different personalities, different lifestyles, and most importantly, different motives. They also knew that it was one thing to explain the high (or low) prevalence of certain types of abuse in a particular country, culture, region, or school, and to explain why people tend to engage in delinquent behavior. In addition, explaining one's tendency to transgression is logically and scientifically different from explaining a single, recurring offense; in such cases, "narrative explanation" seems to make more sense (Walker, 1977).
Positivism has also had a huge and valuable contribution, although sometimes this contribution has had a negative and negative aspect. Researchers have found statistical relationships between lawbreaking (or, more accurately, a history of violent or fraudulent offenses) and a host of other variables: gender, age, parental crime, parental differences, place of residence, intelligence, academic achievement, unemployment, status Employment, religious and ethnic affiliations, body shape, alcohol or drug use, membership in gangs and, in the case of violent crimes, even hot weather. Of course, some of these variables, such as illiteracy and dropout, may be the cause, not the cause. However, these statistical relationships are rarely significant (only with the exception of gender). باز کردن / نظر دهید

2021-10-17 21:50:41 ماده ۱۰
بزه دیده شخصی است که از وقوع جرم متحمل ضرر و زیان می گردد و چنانچه تعقیب مرتکب را درخواست کند، «شاکی» و هرگاه جبران ضرر و زیان وارده را مطالبه کند، «مدعی خصوصی» نامیده می شود.
Article 10
The victim is a person who suffers losses from the occurrence of the crime, and if he requests prosecution of the perpetrator, he is called a "plaintiff" and whenever he demands compensation for the damage, he is called a "private plaintiff".
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2021-10-17 21:50:32 ماده ۹
ارتکاب جرم می تواند موجب طرح دو دعوی شود:
الف - دعوای عمومی برای حفظ حدود و مقررات الهی یا حقوق جامعه و نظم عمومی
ب - دعوای خصوصی برای مطالبه ضرر و زیان ناشی از جرم و یا مطالبه کیفرهایی که به موجب قانون حق خصوصی بزه دیده است مانند حد قذف و قصاص
Article 9
Committing a crime can lead to two lawsuits:
A. Public litigation to maintain the divine limits and regulations or the rights of society and public order
B- Private lawsuits to claim damages resulting from the crime or to demand penalties for violating the law of private law, such as the hadd punishment of qazf and qisas
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2021-10-17 21:50:23 ماده ۸
محکومیت به کیفر فقط ناشی از ارتکاب جرم است و جرم که دارای جنبه الهی است، می تواند دو حیثیت داشته باشد:
الف- حیثیت عمومی از جهت تجاوز به حدود و مقررات الهی یا تعدی به حقوق جامعه و اخلال در نظم عمومی
ب- حیثیت خصوصی از جهت تعدی به حقوق شخص یا اشخاص معین
Article 8
The sentence of punishment is only due to the commission of a crime, and a crime that has a divine aspect can have two meanings:
A- Public prestige for violating the divine limits and regulations or violating the rights of society and disturbing public order
B- Private status in terms of violating the rights of a certain person or persons
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2021-10-17 21:34:40 ماده ۷
در تمام مراحل دادرسی کیفری، رعایت حقوق شهروندی مقرر در «قانون احترام به آزادی های مشروع و حفظ حقوق شهروندی مصوب ۱۳۸۳/۲/۱۵» از سوی تمام مقامات قضائی، ضابطان دادگستری و سایر اشخاصی که در فرآیند دادرسی مداخله دارند، الزامی است. متخلفان علاوه بر جبران خسارات وارده، به مجازات مقرر در ماده (۵۷۰) قانون مجازات اسلامی (تعزیرات و مجازات های بازدارنده) مصوب ۱۳۷۵/۳/۲ محکوم می شوند، مگر آنکه در سایر قوانین مجازات شدیدتری مقرر شده باشد.
Article 7
At all stages of criminal proceedings, the observance of citizenship rights stipulated in the "Law on Respect for Legitimate Freedoms and Protection of Citizenship Rights approved on 2/15/2004" by all judicial authorities, judicial officers and other persons involved in the proceedings is mandatory. Violators, in addition to compensating for the damages, will be sentenced to the punishment provided for in Article (570) of the Islamic Penal Code (Punishments and Deterrent Punishments) approved on 2/3/1375, unless more severe punishments are provided in other laws.
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2021-10-17 21:34:33 ماده ۶
متهم، بزه دیده، شاهد و سایر افراد ذی ربط باید از حقوق خود در فرآیند دادرسی آگاه شوند و ساز و کارهای رعایت و تضمین این حقوق فراهم شود.
Article 6
The accused, the victim, the witness and other relevant persons should be informed of their rights in the trial process and mechanisms should be provided to ensure and guarantee these rights.
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2021-10-17 21:33:33 ماده ۵
متهم باید در اسرع وقت، از موضوع و ادله اتهام انتسابی آگاه و از حق دسترسی به وکیل و سایر حقوق دفاعی مذکور در این قانون بهره مند شود.
Article 5
The accused must be informed as soon as possible of the subject matter and evidence of the attribution charge and enjoy the right of access to a lawyer and other defense rights mentioned in this law.
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