مطالب مرتبط با کلیدواژه
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Prison
حوزههای تخصصی:
Today, the overcrowding of prison populations has caused serious problems in all societies so that in many ways undermined the correctional and educational achievements. In many countries of the world, the overcrowding population of prisoners has brought nothing except huge costs, an impediment to the public order of the prison, conflict, riot, strike, etc. It has made the authorities to take steps to reduce the prison population. The prison sentence for any form of criminal behavior that is determined arbitrarily neither based on scientific logic nor on the basis of the personality characteristics of individuals and entities of society, on the one hand, causes the increase of the prison population and represents an ugly face of the Islamic Republic of Iran to the world and, on the other hand, causes the family of prisoners to be wandered and overwhelmed by the effects and consequences of this punishment. It is impossible to deny the prison functions because it has punitive and corrective functions so that multiple objectives can be achieved by its implementation. Therefore, it cannot be ignored totally. Imprisonment is still considered as a solution, and if it turns to be a problem in some cases, it is due to other factors and conditions that need to be addressed and improved. If imprisonment is used logically, then it will be effective and will certainly not be problematic. In particular, it should be emphasized that non-criminal solutions and imprisonment alternatives will be effective when it is used in place. Accordingly, the penal policy in post-revolutionary penal law has contributed to the increased prison population by imposing ineffective and prison-based laws in the general section, and also by increasing the criminalization and determination imprisonment as the dominant type of punishment in the section of general laws defining punishment with increasing crime However, following the problems and corruptions as well as the need for resolving this challenge, the legislature took steps to change its legislative penal policy through the Islamic Penal Code of 2013 in accordance with the inspirations and solutions of international organizations. It resulted in the reduction of imprisonment and consideration of prison as the last punishment.
Blackness in America and the Presumption of Innocence: How the American Police and Mass Media Poisoned Everything(مقاله علمی وزارت علوم)
منبع:
حقوق بشر سال پانزدهم پاییز و زمستان ۱۳۹۹ شماره ۲ (پیاپی ۳۰)
153 - 174
حوزههای تخصصی:
In American history, the ‘Black body’ has been commodified both during the slavery era and in the contemporary period whereby the private management of prisons has partly resulted to mass Black incarceration. The abolition of slavery some 150 years ago is still fairly recent compared to the 400 years it was practiced: thus some of the heinous treatments by slave owners were carried over into the criminal justice system, causing the police, jury, judges, etc., to treat Black people unequally and unfairly compared to their White counterparts. From the ‘proceedings of the rebellious negroes’ in the slavery era to the racialized media coverages of police brutality against Black people, Black protests, treatment of criminal suspects, etc., the American mass media have been identified as playing a major role in the maintenance of the deep racist structures that perpetuate mass Black incarceration. This paper links up some historical practices against Black people with the contemporary racist practices in order to show that slavery is still functionally alive in America and manifests concretely through the justice system: this paper aims at amplifying the ongoing debates toward obliterating the remnants of slavery in America.
From Guantanamo Bay to Abu Ghraib: Challenging and Reconciling the Universality of Human Rights(مقاله علمی وزارت علوم)
منبع:
حقوق بشر سال شانزدهم پاییز و زمستان ۱۴۰۰ شماره ۲ (پیاپی ۳۲)
173 - 204
حوزههای تخصصی:
Over the past few years, two events have radically transformed American identity and global perceptions of America with respect to human rights. The first of these is the detention of “enemy combatants” at Guantanamo Bay and the second is the abuse of prisoners at Abu Ghraib prison in Iraq. This paper considers how Guantanamo and Abu Ghraib have altered the intellectual and popular perceptions of human rights in America and abroad. The paper argues that the very different reactions to these events in the US and abroad suggest a move toward a relativist view of human rights in the US, limited by necessity and legality, but a universalist approach to human rights abroad. Moving toward a common global understanding of necessity and legality is critical to the pursuit of universal human rights. The reactions to Guantanamo indicate a growing acceptance in the United States of a relative conception of human rights. In the winter and spring of 2003, United States military forces at Abu Ghraib prison committed a range of often gruesome violations of Iraqi prisoners.
The Influence of Michel Foucault's Theory of Power on Proposing Abolitionist Feminist Criminal Strategies in the Fight against Sexual Violence against Women(مقاله علمی وزارت علوم)
The present study shows that abolitionist feminists, inspired by Foucault's biopolitical and agonistic analysis of power and his view on the capacity of modern power (bio-power) in the construction of subjectivity and the necessity of resistance against all forms of subjectivity as forms of subjugation, have proposed some abolitionist feminist criminal strategies in the fight against sexual violence against women as resistance strategies to subjectivity. The purpose of the study is to consider the inspiration of abolitionist feminist criminal strategies from Foucault's theory of power and provide two concrete examples of these strategies by using the methodology of critical discourse analysis of bio-power. The current study analyzed two abolitionist feminist-Foucauldian criminal strategies: Chloe Taylor's negative abolitionist feminist criminal strategy (2019) and Holly Henderson's positive abolitionist feminist criminal strategy (2007). Explaining the process of construction of the sex-delinquent subject and the process of construction of feminine subjectivity and providing ways to fight against these two forms of subjectivity, as forms of subjugation that are constructed by bio-power, are the principal axes of analysis in these Foucauldian abolitionist criminal strategies. The result of the current study is that Taylor, with a Foucauldian approach, shows how bio-power produces sex-delinquent subjects in two ways: the normalization of sexuality and the normalization of sexual violence in prison. According to Taylor, the only way to end sexual violence is to subvert the sex-delinquent subject as a form of subjectivity, and the only way to do this is to abolish prison. Henderson, with a Foucauldian approach, shows how bio-power produces feminine subjectivity through the normalization of sexuality, and this feminine subjectivity is the reason for the continuation of sexual violence. Henderson argues that to prevent sexual violence, the feminine subjectivity must be deconstructed, or in other words, the female body should be re-conceptualized in the structure of violence by recognizing the capacity of resistance in the female body and her agency. Therefore, inspired by Foucault's view on the agonistic conception of power, she proposed a positive abolitionist criminal strategy by promoting physical feminism and self-defence. Taylor calls for the implementation of transformative justice as an alternative to criminal justice to combat sexual violence, and Henderson calls for the implementation of preventive justice, a type of physical feminism, to prevent sexual violence. The research findings confirm the feasibility and applicability of Taylor and Henderson's strategies in the context of societal models of criminal policy, which seek to combat or prevent crimes outside the state and the criminal justice system. In comparison between these two strategies, transformative justice has been more developed and applicable.
Managing the Sports Status of Prisoners Leisure Time and Its Impact on Prison Violence
حوزههای تخصصی:
Purpose: Leisure time is one of the vital issues in the dynamics of the education process and addressing this issue can untie the knots and the key to solving its problems and finally a strategy for planning to fill the leisure time of prisoners in a desirable and appropriate way The present study investigates the relationship between the status of sports in the leisure time of prisoners and its effect on the rate of prisoners' sleep . Method: The research method of this article is a library review. The researcher has reviewed the previous articles in the field of leisure and prison and searched for the keywords of leisure, prison, violence and sports . Results: Sport has an effect on prisoners, and sport has a positive effect on the well-being of prisoners’ and the prison community. Prisoners who exercise have low levels of depression, stress, anxiety and violence among other prisoners, and exercise is a strategic way to deal with imprisonment. Exercise can reduce violence in prisoners' leisure time . Conclusions: Prison has been one of the most important and long-standing parts of human societies in the world. Today, the approach of human societies to prisons and prisoners has changed and reform, rehabilitation and reconstruction have become the priorities of the managers of this sector. Exercise with its educational role by creating a happy atmosphere helps the physical and mental development of prisoners. Filling the prisoners' leisure time with exercise can be useful in preventing and treating some mental and physical problems of prisoners. Sports in prison according to the findings Research reduces crime and violence in cells .