The adverse effects of alternatives to imprisonment on deterrence theory

Articles in Press

Document Type : Research Paper

Authors

1 PhD student of Guilan university and lecturer of comprehensive university of applied sciences

2 Law Dep. Faculty of Literature & Humanities, University of Guilan, Rasht, Iran.

10.22034/mr.2023.5730.5407

Abstract

Since the early eighteenth century, prison punishment gradually replaced the terrible bodily punishments and presented itself to the criminal justice system as a useful, fair, deterrent, reformative, alternative, and most importantly free from the common violence of that time. Today, the main strategy of the justice system is to reduce the number of prisoners as much as possible. But instead of taking advantage of the differential criminal policy and avoidance fruitless criminalization, it has only attempted de-imprisonment and the "guess of punishment." With the assumption that the harmful consequence of such an action is the weakening of the foundations of criminal law and the ineffectiveness of the effect of intimidation and deterrence of punishment. And for this reason, not only the perspective that has been drawn for de-incarceration will be an unattainable expectation. Rather, this strategy will lead to a wave of repetition of crimes and an increase in the phenomenon of crime in the future. Nevertheless, the question that comes to mind is whether the purpose of using the prison alternative strategy is to reform the criminals and re socialize them, or is there another goal? In this descriptive article, in addition to answering this question, the contradictory effect of Alternatives to incarceration and other beneficial institutions on deterrence theory has been analyzed.

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Main Subjects

Majlis and Rahbord

Articles in Press, Accepted Manuscript
Available Online from 31 August 2024

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