In spite of changes in juvenile justice systems, punishment has always existed in them and the governments have preserved the right to punish.
The criminal justice of Iran faces several challenges with respect to juvenile delinquency due to uncertainty of legislator in
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In spite of changes in juvenile justice systems, punishment has always existed in them and the governments have preserved the right to punish.
The criminal justice of Iran faces several challenges with respect to juvenile delinquency due to uncertainty of legislator in adapting criminal policy to scientific and social principles, and in selecting correctional-therapeutic patterns. There is no definite and organized procedure for determining the sentence of imprisonment for juvenile offenders, and legal authorities have little flexibility in this respect.
Today, punishment-based approaches toward offenders, especially juvenile offenders in England is a part of an effort to establish (not re-establish) ethical responsibility, based on which , the degree of punishment is determined.
The present study investigated the freedom-depriving penalties in legal system of Iran and England. It was suggested that incarceration of juveniles should be used in serious crimes and when it is required for public protection, because it might cause undesirable effects on juveniles which can make their correction and rehabilitation period longer. In recent years, different reactive programs have been developed in England for preventing juvenile delinquency including alternatives to imprisonment which do not exist in Iran. Investigating the existing principles and reactions of legal system of England which is the result of comprehensive study made by the legislator can be a solution for Iranian legislator for making modifications in juvenile justice system.
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