Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Reexamination the New Patterns of Responding to the Juvenile Delinquency in English Law with a Glance at Iranian Law

Document Type : scientific research paper

Authors
1 Doctoral student of criminal law and criminology, Kish International Campus, University of Tehran, Tehran, Iran.
2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran
Abstract
The response to juvenile delinquency is one of the ways to recognize the level of development of the criminal justice system in any legal system, in such a way that sensitivity in this category, in addition to providing the grounds for correction and treatment, is considered a kind of penal savings, in the light of which today's juvenile delinquent will become normative citizens of society in the not-so-distant future, which ultimately, ignoring modern response patterns and 111failing to implement them will lead to failure in this field. This research, which was developed using a descriptive-analytical method, aims to identify new patterns of response with a comparative approach in the legal systems of England and Iran after dispelling some of the ambiguities in the issues, and then concludes: The benefit pattern; the minimal intervention model; the restorative justice model; the risk management model (collectively known as general models) and then under the estimated response pattern; the use of media; new rehabilitation method; implementation of disabling the criminal model and implementation of the tendency of criminals to follow socially acceptable norm, and then, under the restorative response pattern; Response by the local community and response by accountability, rehabilitation and reintegration (collectively known as the special pattern), are considered as criminal response models to juvenile delinquency in a new model in English law. Whereas in Iranian law, general patterns have been largely accepted in regard to crimes subject to ta'zir, special patterns have not been recognized and paid attention to.
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  • Almasi, N., & Ganjizadeh, H. (2024). How Marriage impacts the Nationality of Couples in the Iranian Legal System with a Glance at Turkey's Legal System. Journal of Research and Development in Comparative Law, 7(23), 36-60. doi: 10.22034/law.2024.2025477.1319  (in Persian)
  • Bevan, H.K. (2007) The Law of the Child, 3rd edn, London, Butterworth.
  • Blumstein, T. et al., (2005). "Countermeasures of National Punishment", in: Crime and Justice, vol. 33: Crime and punishment in western countries,
  • Braithwaite, John, (1999) "Restorative Justice: An Assessment - Optimistic and Pessimistic Accounts", in: Crime and Justice, Vol. 25, ed. By Michael Toneri.
  • Cavandino, M. and J. Dignan (2006). "Penal Systems, A Comparative Approach", Sage Publications, London.
  • Chapman, T. and Törzs, E. (eds.) (2018), Connecting people to restoring just relationships: A practical guide to values ​​and standards for restorative justice practice, Leuven, European Society for Restorative Justice.
  • Darvishzadeh, Javad (2017). Examining the effects and results of labeling children and adolescents, the first din (2013). "Challenges of the idea of ​​selective incapacitation of criminals". Justice national conference on the globalization of children and adolescents' rights from a legal and psychological perspective, Mashhad, 2017. (in Persian)
  • Dunkel, F (2014), "Juvenile Justice Systems in Europe - Reformatory Developments between Justice, Welfare and the 'New Punishment'", Criminological Studies. 1 (1)
  • Fathi, Hojjat Allah (1392). "Criminal responsibility of children with an approach to Islamic Penal Code", Islamic Law Journal, 21(6). 132-99. (in Persian)
  • France, Alan and Hummel, Ross. (2012). Developmental prevention (collection of articles), translated by Baqer Shamlou and Mehdi Moghimi. First edition. Tehran: University of Police Sciences Publishing. (in Persian)
  • Green, David E., (2007) "Comparing Penal Cultures: Child Versus Child Homicide in England and Norway", in: Crime, Punishment and Politics in Comparative Perspective, ed. By Michael Toneri
  • Habibzadeh, M. J., aghaee, N., & Darvishzadeh, M. J. (2024). Feasibility of Re-enforcement of Hadd that Are Punishable by Death in Case of Incomplete Enforcement in Jurisprudence and Iranian Law. Journal of Research and Development in Comparative Law, 7(23), 93-124. doi: 10.22034/law.2024.2015010.1270 doi: 10.22034/law.2024.2015010.1270 (in Persian)
  • Hamah-Moffat, Kelly & Paula Maurutto, (2003) Youth Risk/Need: An Overview of Issues and Practices, Department of Justice, Canada.
  • Hogg, Russell and David Brown, (1998). Rethinking Law and Order, Pluto Press.
  • Jarberg, Nils, (2004). "Crime as a Last Resort (Final Ratio)," Ohio Journal of Criminal Law, Vol. 2.
  • Khwaja Nouri Yasman (2012). The results of fair proceedings in the criminal law of children in the new criminal sciences under the supervision of Ali Hossein Najafi Ebrandabadi, third edition, Tehran: Mizan.(in Persian)
  • King & Resodihardjo, (2010). "To the maximum or not to the maximum: dealing with high-risk prisoners in the Netherlands and England and Wales", in: Punishment and Society, Vol. 12.
  • Lapispala, Tapio, (2007). "Penal Policy and Imprisonment Rates in Scandinavia," in: Festschrift in honor of Aimo Lahti, ed. by Kimmo Nuotion,
  • Mak-kai, Toni & John Braithwaite, (2004) "Reintegration Shame and Compliance with Regulatory Standards", Criminology, Vol. 32, No. 3,.
  • Marr, Sonja, (2006). "Reductionist Penal Policy and European Human Rights Standards", European Journal of Criminal Policy and Research, Vol. 12,
  • McCold, Paul, (2004) "What is the role of society in restorative justice theory and practice?", in: Howard Zehr and Barb Toews (2007.), Critical Issues in Restorative Justice, New York, Muncie, Willan Criminal Justice Press.
  • Niazpour, Amir Hassan. (2011). "Criminological tasks of the judicial system in the light of the law of the fifth program of economic, social and cultural development". Justice Journal, 4(80), 220-019. (in Persian)
  • Omrani Far et al., (2019), "Investigation of a murder case from the perspective of criminal law and criminological foundations (case study: Benita's murder)" Judiciary Quarterly, No. 10(6). 151-130. (in Persian)
  • Omranifar, Adnan and Shidaiyan, Mehdi (1403). "Accusing people; Causes and consequences from the perspective of Quranic and narrative foundations", Jiroft Quranic Studies Quarterly, 4(56), 52-76. (in Persian)
  • Rahmdel, Mansour (2012) Fair proceedings and the provisions of criminal proceedings in Iran under the supervision of Ali Hossein Najafi Ebrandabadi, first edition, Tehran: Mizan. (in Persian)
  • Saedi, Zahra, and Qalazi, Jalalud Journal, 78(86), 119-139. (in Persian)
  • Scott, Elizabeth S. and Lawrence Steinberg, (2008). Rethinking Juvenile Justice, Harvard University Press, Cambridge, MA.
  • Sherman, L. and H. Strong, (2007). restorative justice; Evidence, Smith Institute Press,
  • Tauss, Barb, (2007) The Restorative Justice Handbook for People in Prison, Good Book Publishing.
  • Viske, Kayali. (2007). "Welfare States and Crime Rates: An Analysis of the Impact of Welfare State Pervasiveness on the Production of Youth Crime Statistics," PhD Thesis, Canada, Quebec and Ontario.
  • Western, Bill, (2001) 'Governing the Social Margin: Welfare, Incarceration and the Transformation of State Policy', Punishment and Society, Vol. 3.
  • Yazdani, Yusuf Ali, Zahdian, Mohammad Hossein, (2013), "Differential criminal policy against child delinquency and child victimization in Iran's legal system", World Scientific Research Conference in Management, Accounting, Law and Social Sciences, Mashhad 2013, (in Persian)
  • Young, MC and J. Gainsborough, (2000) "Juvenile Prosecution in Adult Courts: An Assessment of Trends and Consequences", Washington DC: Sentencing Projects.Recognizing the new patterns of criminal response to the delinquency of children and teenagers in a desirable model in English law with a look at Iranian law.
  • Zohr, Howard (2008). Little Book of Restorative Justice. Translated by Hossein Gholami. second edition; Tehran: Majd Publications. (in Persian)