Volume 3, Issue 4 (1999)
CLR 1999, 3(4): 97-111 |
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Gholami H, Najafi Abrand Abadi A H. Just Deserts Theory and Recidivism. CLR 1999; 3 (4) :97-111
URL: http://clr.modares.ac.ir/article-20-2010-en.html
URL: http://clr.modares.ac.ir/article-20-2010-en.html
1- Ph.D. Candidate, Tarbiat Modares University
2- Associate Professor, Department of Law, Shahid Beheshti University
2- Associate Professor, Department of Law, Shahid Beheshti University
Abstract: (8203 Views)
Hossein gholami
Ph.D. Candidate, Tarbiat Modares University
Ali Hossein Najafi Abrand Abadi
Associate Professor, Department of Law, Shahid Beheshti University
In this paper at first this theory is analised and then its approach with regard to recidivism is
explainded. Just deserts theory, is really a return to the crime centerality epoch of crlminal law renewed in 1970s after a number of criminological resarches, implies inefficiency of corrections under the basis of rehabilition theory Just deserts theory was appreciated after a short period of time by penal lawyers, some of criminalogists, and administration of criminial custody centres. The main controversy of this theory and rival ones on recidivism is the justification or nonjustification of aggravating the punishment of recidivists which caused disagreements not only between just deserts theory and the other penal law theories but also among other founders and adherents of this theory with regards to “flat - rate sentencing" and “ progressive loss of mitigation" approaches.
Received: 2012/04/26 | Accepted: 2012/04/26 | Published: 2012/04/26
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