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The Interaction of Social Justice and Criminal Justice through Active and Reactive Policies; with Emphasis on Guaranteeing the Differential Rights of Children and Adolescents
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Seyed Ali Reza Mirkamali   , Amin Alizadeh , Mehrab Ahmadi |
| Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran. |
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Abstract: (65 Views) |
Background and Aim: Juvenile delinquency is considered one of the most important concerns of criminal justice systems in the world. Prevention of this phenomenon is on the agenda of international and national activists within the criminal justice system. Social justice as the most influential factor in preventing juvenile delinquency encompasses components such as equal opportunities, fair distribution of wealth, dignified behavior with people, and structuring of social institutions, especially the family institution.
Method: This research was done with a descriptive-analytical method.
Results: The realization of social justice has a significant impact on the prevention of delinquency among children and adolescents, and the above-mentioned and subordinate documents, especially the Constitution and the 7th Development Plan, have emphasized the necessity of realizing the indicators of social justice.
Conclusion: This study, while establishing an analytical positive correlation between social justice and the prevention of juvenile delinquency, emphasizes that social justice is not limited to proactive prevention. Rather, at the reactive stage, in order to prevent recidivism, differential responses and specialized judicial procedures for juvenile offenders must be considered. This approach is regarded as an integral part of a social justice framework based on respectful and dignity-oriented treatment of them. Moreover, to prevent delinquency, necessary criminal protections for children must be implemented in a way that fully guarantees their fundamental rights, including the right to education and schooling. Although various laws have addressed this issue by employing a differential criminal policy, these regulations face practical challenges, which the present study examines in detail. |
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| Keywords: Delinquency, Social Justice, Family, Children and Adolescents, Prevention and Response, Right to Education. |
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Full-Text [PDF 535 kb]
(23 Downloads)
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Type of Study: Original Article |
Subject:
Special
Received: 2023/08/20 | Accepted: 2023/12/2
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