Assistant Professor department of low, Tarbiat Modarres University
Abstract: (8026 Views)
Mohammad Farajiha
Assistant Professor Department of Law, Tarbiat Modarres University
This article attempts to explore the impact of criminological researches and findings on the two main areas of criminal policy: penal policy and victim policy. The question arises, however, that whether there is any connection between the policy reforms and research in these two areas and to what extent. In this article is tried to evaluate how far criminological policy in general and penal and victim policy in particular are research driven? What are the factors that influence policy _ making, and what, if any, is the role of research in it. Regarding penal policy, it draws attention to recent developments in penal law and practice that have caused concern to criminologists and discusses some of the reasons of why criminological finding appear to have had less impact on penal policy than many criminologists had hoped for. It suggests that some of may attach to criminologists for failing to establish a scientific legitimacy for their subject and concludes by arguing that criminology needs independent findings to guarantee a scientific agenda free of direct political influence. Researches on victims of crime in many societies have disclosed some real needs on their part, not only in practical terms, but also in terms of the need for greater attention from criminal justice agencies and for enhanced participation in the legal process. The rights of victims have been recognized on the level of declared policies and legislation, but, as in other areas of criminal policy, these policies are not necessarily based upon the findings of research. In victim policy, however, the conclusion that "nothing works" - which was claimed earlier in relation to penal interventions - would be premature. The problem is rather that "nothing is fully implemented.
Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30