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Information Journal Paper

Title

The legislative Challenges of Community Service Order Implementation From The Judges' Perspective

Pages

  343-375

Abstract

 Community Service Order is considered as the most prominent example of Community-Based Punishments, entered in 2013 into the Iranian Legal and judicial literature. Therefore, it was expected legislator by a set of comprehensive statutes that are far from multiple challenges, created a context for effectiveness of this new institution in line with achieving its main aim of reforming and reintegrating the perpetrator. Thus, the main question of the present article will be whether the set of statutes and rules and in accordance with the targets intended for Community Service Order, so that it leads to the greater effectiveness of this concept? In this regard, the authors at first studied 150 related judicial decisions and identified the judges issuing them (purposive sampling) as the main actors in this study and the gathered the data afterwards by conducting semi-structured in-depth interviews gathered its data. The data indicated that there are legal challenges at the sentencing stage and subsequently after conviction. The research findings also show that Iran's macro-judicial policies related to Community Service Order (reducing the punishment of Community Service Order as an alternative to imprisonment and considering it as a means to reduce prison population) were not commensurate with the inherent goals of this Community-Based Punishment. And finally, it has paved the way for many challenges. This disproportionate targeting can be categorized into the following two classifications: “ Failure to identify actors in proportion to the nature of the punishment” , “ Failure to identify situations appropriate to the nature of the punishment” .

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    APA: Copy

    MOAZENZADEGAN, HASANALI, & Matin Parsa, Mohammad. (2021). The legislative Challenges of Community Service Order Implementation From The Judges' Perspective. THE JUDICIARY’S LAW JOURNAL, 85(114 ), 343-375. SID. https://sid.ir/paper/413739/en

    Vancouver: Copy

    MOAZENZADEGAN HASANALI, Matin Parsa Mohammad. The legislative Challenges of Community Service Order Implementation From The Judges' Perspective. THE JUDICIARY’S LAW JOURNAL[Internet]. 2021;85(114 ):343-375. Available from: https://sid.ir/paper/413739/en

    IEEE: Copy

    HASANALI MOAZENZADEGAN, and Mohammad Matin Parsa, “The legislative Challenges of Community Service Order Implementation From The Judges' Perspective,” THE JUDICIARY’S LAW JOURNAL, vol. 85, no. 114 , pp. 343–375, 2021, [Online]. Available: https://sid.ir/paper/413739/en

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