Document Type : Scientific
Authors
1
PHD Student of Criminal Law and Criminology, Criminal and Criminology Department, Bandar Abbas branch, Islamic Azad University, Bandar Abbas, Iran. nozari6478@gmail.com
2
Assistant Professor, Criminal and Criminology Department, Bandar Abbas branch, Islamic Azad University, Bandar Abbas, Iran, (Corresponding Author). cyrus.zarghami@gmail.com
3
Assistant Professor, Criminal and Criminology Department, Bandar Abbas branch, Islamic Azad University, Bandar Abbas, Iran. saybani.a@gmail.com
Abstract
The increase in the number of prisoners in various societies has become a structural, legal and social crisis. This crisis has caused criminal and cultural decision-makers to seek solutions to reduce this problem. Legal systems have also realized that problems such as the acceptance of prison culture by prisoners, the negative effects of criminal experiences in prisons, the transmission of more criminal ideas among the prison population, the stability of the crime rate in society and the return of many prisoners to prison after release indicate the inefficiency of criminal, legal, social and judicial structures in managing crime and disorders. The increase in the criminal population is due to several causes and factors, including judicial factors, which this article examines the role and impact of the performance of criminal judges on the increase in the criminal population of prisons and attempts to identify the judicial factors affecting this increase. In this study, a hybrid research method including a descriptive-analytical method at the theoretical level and a field method (qualitative interview with a statistical population of 15 judges in Bandar Abbas) was used to validate the theoretical findings of the study. The results of the analysis of the data obtained from the interviews show that factors such as traditional thinking and the approach of the laws and legislators, the prevailing belief of judges in the criminal justice discourse that advocates the comprehensive implementation of imprisonment, the alignment of courts with the policy of extreme imprisonment in laws and regulations, the courts' acceptance of the punitive-security-oriented thinking of the legislator, judges' inadequate and insufficient recognition of the harms of staying in a prison environment, judges' distrust of non-punitive programs of correction and treatment, and the populist imprisonment policy are among the important judicial factors affecting the increase in the criminal population of Bandar Abbas prison.
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