Securitization Arising from Criminal Stigmatization in Iranian and U.S. Law (with an Emphasis on Individual Rights and Freedoms)(مقاله علمی وزارت علوم)
منبع:
مطالعات حقوقی دوره ۱۷ پاییز ۱۴۰۴ شماره ۳
419 - 450
حوزههای تخصصی:
Criminal stigmatization refers to sanctions or measures, whether mandatory or discretionary for judicial authorities, that result in the shaming and discrediting of offenders and, in some cases, defendants. Historically, these measures have existed in the criminal justice systems of various countries, notably the United States. In the U.S., criminal stigmatization has become more prevalent due to significant political events and the dominance of a securitized criminal policy. In Iran, the concept of stigmatization has a considerable foundation and is currently prescribed or mandated in criminal laws, including the Islamic Penal Code of 2013 and the Code of Criminal Procedure of 2015, particularly in instances such as the publication of conviction judgments. The manifestations of criminal stigmatization in Iranian law, much like in U.S. law, align with the effects of securitized criminal policy, such as zero tolerance, risk-based criminal policy, and the disregard for fair trial standards. Given the undesirable nature of securitization, and while previous research has often analyzed stigmatization or securitization in isolation, this interdisciplinary study examines the nexus between securitization and criminal stigmatization, exploring its manifestations in both U.S. and Iranian law. The observed alignment between these two concepts raises serious doubts about the efficacy and appropriateness of criminal stigmatization. This research concludes that Iranian lawmakers have adopted a securitized approach to criminal stigmatization, necessitating a serious re-evaluation in this domain.