Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Criminal Forensics with an Emphasis on Crimes of Rape and Murder (A Comparative Study of Iran and America)

Document Type : Original Article

Authors
1 Ph.D Student, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
2 Associate Professor, Department of Criminal Law and Criminology, University of Tehran, Tehran, Iran. (Corresponding Author)
3 Assistant Professor, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
10.22034/jccj.2024.458720.1567
Abstract
"Victimology" as a positive approach in supporting the victims is one of the prominent features of criminal doctrines regarding the position of the victim in criminal justice. This new approach not only examines the rights and protection of victims in a victim-oriented system, but also by passing through the transformation of ideas, it has become a classical approach and then a sociological approach; So, if criminal law does not pay attention to the needs of victims, this system cannot achieve its truth, which is the necessary efficiency in fighting criminals and controlling crime. In some crimes such as "murder" and "rape", "crime analysis" is considered one of the important approaches of criminal policy; In this approach, an important model should be set in the judicial dimension in supporting the victims of murder and rape. In this research, judicial criminology will be examined in the two legal systems of Iran and the United States; The question is, what is the position of criminal justice in the crimes of murder and rape in Iranian and American laws. We will see that in both systems, despite the differences in the legal policies for the protection of victims, victimology is one of the most fundamental criminal rights of victims in the criminal justice system. Therefore, the right to compensation for the effects of victimization and respect for the victim's human dignity are considered to be the theoretical foundations of the multiple model of victim protection.
Keywords

Volume 4, Issue 3
Summer 2024
Pages 186-202

  • Receive Date 17 January 2024
  • Revise Date 04 April 2024
  • Accept Date 18 June 2024
  • Publish Date 22 September 2024