جستجوی مقالات مرتبط با کلیدواژه « افکار عمومی » در نشریات گروه « فقه و حقوق »

The punishment for the intentional murder of a child by the father in accordance with the Islamic Penal Code of Iran is receiving blood money and ta'zir (Discretionary Punishment). In Islamic jurisprudence, the sentence of prohibition of fathers' retribution has adherents and opponents. The legislator trends to the adherents and has recognized the mentioned sentence. The legislator has announced that one of the conditions in related to Revenge (Avenge for Blood), is discarded of the paternity between the child and father. The mentioned rule has always been challenged and criticized by criminal lawyers and so far they have not succeeded in changing the will and opinion of the legislator in this regard. Due to the proliferation of mass media, public opinion is strongly influenced by media representations of father-child killing, and such crimes are often reported by the media. People's awareness of the non-retribution of the father through the media has consequences that create the need to reconsider. It seems that it is possible to reconsider and modify the legal rule prohibiting in relation of the father in case of intentional killing the child and to persuade the legislator to change and modify it with the help of experts in jurisprudence. This research has been done by descriptive-analytical method based on library resources and news databases.

Public opinion is one of the tools through which public oversight of the state is exercised.  Public oversight of the state, in turn, is one of the most important mechanisms for guaranteeing citizens’ rights and maintaining the stability of the state. Public opinion can turn into civil disobedience if it is truly formed and ignored by the state. Citizens' enjoyment of social freedoms, the form of government, the manner by which state authorities are elected, are among the factors influencing the formation and influence of public opinion as one of the most important elements of power control in any country. Explaining the role of public opinion in controlling state power, this research examines how public opinion is formed and how it exerts influence. The paper will also study the exercise of supervisory power by public opinion from the perspective of public law.

One of the social phenomena that has an important place in criminal policies is public opinion. This phenomenon has different functions in criminal policy according to the structure and framework of political and legal systems. One of the influential aspects of this phenomenon in Iran's criminal policy is the discussions related to criminalization. This issue and the degree of impact has caused the criminal policy-makers to consider it as an important factor in determining crimes and punishments. Therefore, paying attention to public opinion in determining the basis and criteria of criminalization can have useful results for criminal policy. The current research was conducted with the purpose of explaining the role and influence of public opinion on Iran's criminal policy, with a descriptive and analytical method, based on library studies. The findings of the research indicate that the public opinion with its reaction to the incidents committed in the society has had a significant impact on criminalization and this issue has provided grounds for attracting the attention of the criminal policy makers to the public opinion. Therefore, the criminalization of acid attacks, land grabbing, criminalization of activities in pyramid companies, etc. are among the criminalizations affected by public opinion on criminal policy.

public hearing Instead of having a one-dimensional nature, has a composite structure that can be divided into different elements, and even with the absence of one of these elements, its true meaning is overshadowed. In the international human rights system, often specific mechanisms are established through human rights monitoring institutions such as the European Court, the American Court and the Human Rights Committee to monitor and protect the right to public hearing and closely monitor its implementation in national courts, and through the handling of cases raised in these institutions, several components have been defined for the structure of public hearing. This article with the aim of examining these components, seeks to answer this question: To what extent do the concept, nature and elements of public hearing in Iranian criminal proceeding system comply with the standards accepted by the international human rights system? In this regard, the current research, with a descriptive-analytical approach and by using library resources, describes the position of the discussed subject in a comparative manner in these two systems. The comparison of this issue in the international human rights system and the Iranian criminal proceeding system shows that, Although the public hearing has been recognized as a fundamental principle of Iran's constitution, its implementation in the country's legislative and judicial systems requiring not only that the legislator stipulates some components of the public hearing which have been neglected so far, but also meet the executive and practical challenges of criminal court proceedings.

In populist thought, emphasizing the thoughts of individuals in society as the basis of public policy is doubly important. The centrality of public opinion and political intervention in criminal policy has led to a populist approach. In other words, populist criminal policy seeks to combat crime by engaging public opinion. In the Iranian penal system, in recent years, under the influence of the prevailing atmosphere in society, populist policies have emerged. In fact, the idea of ​​criminal populism emphasizes the model of crime control through hostility to the perpetrator. This type of criminal policy deviates from the principled and scientific process of criminological teachings and makes it subject to political considerations, in a way that damages the structural implications of criminal law and the moral rights of criminal law subjects. In this article, we will examine the issue in a descriptive-analytical manner and answer the question: What factors cause populism and what are the characteristics of this phenomenon? In the following, we will examine the reflection of populist laws and make suggestions in this regard.

Public opinion is one of the forces that has always pursued certain demands in such a way that its impact on various events and happenings in society in various dimensions, even the penal system cannot be ignored. The present study seeks to examine the position of public opinion in criminal courts from the perspective of those involved in the criminal justice system. This research is descriptive-analytical in terms of research method and survey in terms of data collection method. The statistical population is all judicial justice professionals (lawyers, judges and reputable university professors) that 84 people were selected by simple random sampling. To collect information, a researcher-made questionnaire with direct questioning mechanism, closed questions and multiple choice of spectral or grading type was used and to summarize the data, descriptive statistics (frequency, frequency percentage, etc.) were used. Inferential statistics (one-sample t-test) was used to reject or confirm the hypotheses. Findings showed that the personal characteristics of the victim affect the position of public opinion in criminal courts (sig = 0.000). Public opinion influences judges' hearings in criminal courts (sig = 0.000). The type of crime affects the position of public opinion in criminal courts (sig = 0.000). Channels of influence affect the position of public opinion in criminal courts (sig = 0.000). Public opinion has an impact on the conduct and observance of court proceedings in criminal courts (sig = 0.000). As a result, the influence of public opinion in various cultural, political, social and legal fields is an undeniable issue and in many cases, the criminal justice system has been forced to adopt a similar approach

The phenomenon of punitiveness of public opinion is complex and influential on policy making, which derives from varying factors. The rate and factors of this phenomenon are not the same everywhere and among individuals depending on complicated interaction between different influential factors. The purpose of this article is to investigate the effect of four variables on the phenomenon, namely knowledge, sex, religious beliefs and education in three cities of Tehran, Mashhad and Qom on three crimes of rape, embezzlement and establishment or membership of pyramid companies. The present study was conducted using a survey method. The study population included all people 18 years and older in three cities of Tehran, Mashhad and Qom. Were selected 180 of them as the research sample using the available sampling method. The descriptive statistics method was used to describe the data and the chi-square correlation test was used to test the questions.Findings showed that there is no significant relationship between awareness and gender variables with the tendency to punitiveness. The level of education variable also proved to have a significant relationship with the degree of punitiveness only in the case of the crime of rape. Regarding the city variable and its effect on the tendency to punitiveness, a significant relationship was found only in the crime of rape. The findings of the present study emphasize the importance of using criminal experts in legislation for various crimes, as well as the need to inform public opinion about the nature and social effects of various crimes and their punishment.

Today, the phenomenon of information and communication revolution and its well-known product, cyberspace and social networks, are making fundamental and wide-ranging changes in the nature of socio-political forms and structures in various societies, and this has occupied the minds of researchers about how and the consequences and effects of these changes. Is. Cyberspace has been effective on all social, political, economic and cultural spheres of societies and due to its capacities such as speed, learning, permanent access, two-way and multi-way interaction, extra-space and extra-temporal, it has been able to be considered as a basic and effective tool on citizen relations. . The research seeks to investigate the role of cyberspace and social networks on creating and strengthening the public sphere among Iranians. The research has been done using descriptive-analytical method and study of documents and libraries and in collecting information from books, articles and websites. Findings show that cyberspace and its latest achievement, namely social networks, play an important and fundamental role in directing and enlightening public opinion, raising awareness in society, strengthening the functions of civil society and non-governmental organizations. The results indicate that cyberspace has played an effective and positive role in redefining and strengthening the public sphere among Iranians.

The birth and transformation of the emergence of punishment comes from historical accumulation and the transformation of other social phenomena, and in particular the perception of public opinion about the nature and function of punishment. Due to this dependence, criminal law can’t be overlooked when it comes to criminal law. Field surveys are a way to decipher the criminal will of the community. The present paper aims at analyzing the degree of convergence of public opinion with physical punishment from the socio-cognitive perspective. This research is a descriptive-analytic type that has been surveyed. The statistical population is all citizens of Mashhad in 13 areas in 1395. Sampling was done as a combination of simple, clustering and simple random methods. Data collection was done field by using a researcher-made questionnaire. The respondents' views about non-crime punishments from different crimes were drawn up in the form of five Likert options. The results of the research show that the extent to which public opinion agrees with punishments that directly offend public feelings, such as rape, acidity, and embezzlement. On the contrary, in crimes based on satisfaction (sodomy) and in crimes that are the main cause of socioeconomic issues (drug and robbery), the rate of opposition to severe punishment is high. When legislating criminal, these diverse tendencies of public opinion should be considered. Not paying attention to these tendencies will trigger a chain of public opinion resistance against a formal criminal policy.

 In today world, by impacting on public opinions an established interactions between them, Police and Media play a vital role in penal policymaking at different countries so that the outcomes of such interaction in different legislative, judicial and executive fields are not hidden for anyone. Alongside media positive role in improving public awareness on criminal acts, crime prevention and relapse and their interactions with different penal justice system entities especially police, sometimes, we are observing limitations on operations by actors of such system, penal populism, contrasting approaches, severe penal responses, ethical disgusting or making the climate security on some crimes due to their undesired performance. An important issue is to consider the media active and effective role playing in penal policy arena and positive and constructive interactions with police and to study its different aspects. The experiences by successful countries in this regard indicate that strengthening penal justice, securing judicial independence, media control in penal affairs, avoiding unreal programs and news or media orientation and selection, and leading them to use analytical programs along with logic and scientific clarification of police position in confronting with criminal occurrences can keep penal policy of countries from precipitance trap, emotional reactions, penal populism and performance against justice judgment principles.

If we think that criminal policy is influenced by public opinion as an independent and direct factor, so, the media, pressure groups, interpersonal relationships, government and socio-political leaders can be considered as the most influential factors in changing public opinion, and in particular, public opinion about punishment or public punitiveness. Despite the direct influence of the leaders of the developing governments in the progress of criminal justice, they have not been actively involved in criminal reform in Iran due to the lack of the necessary legal-political contexts and unique historical-cultural backgrounds. However, in recent years, Iran's socio-political leaders have been able to moderate the level of public interest about capital punishment by shifting the fundamental direction from death penalty to the damage inflicted by it. The findings of the present study show that, as political leaders, relying on two macro-structural models, the representatives of Islamic Parliament in Iran have prepared the public opinion to modify the death penalty for drug and psychiatric crime. First, normative assessments relying on ethical considerations, religious doctrines, and human rights requirements; and second, empirical evaluations that include lack of deterrence and recidivism rates in close relatives of the executed, emphasis on the failure of the criminal justice system and the executive to identify the main criminals and finally, highlighting the consequences of the death penalty to the families of the executed. This article seeks to explain the role of political and social leaders in moderating public punitiveness - specifically the death penalty - by emphasizing on how public opinion is changed by political and social leaders.

Today, more than ever, we are witnessing the sexual victimization of children and teenagers. regardless of the growing trend of these crimes, one of the reasons for this is the advancement and ease of access to communications media, which partially minimizes the always dark and hidden part of this type of victimization and reduces its black figure. When the crimes are being processed through journalistic literature and emotional stories, in addition to creating fear and panic in society, there are accompanying publicly-spoken thoughts with expectations. Let's say At this time, the people's demand is to respond quickly and promptly as soon as possible. Therefore, the criminal justice system recognizes the voice of the people and inevitably obeys the justice system and publicizes the justice system in order to restore society's order and calm and gain legitimacy and public acceptance. The unavoidable results and consequences of making such a decision are not clear to everyone and require a critical and specialized view. In this study, using a descriptive-analytical method, it is possible to create the apparently positive consequences of this approach, the creation of tranquility, as well as the temporary emotions of the people, and the assurance of the implementation of justice, and its negative consequences, the lack of a fair trial And fair, which would look at the scientific and pathologic response to the increase in this type of crime and eventually reduce its occurrence.

Securing procedural justice as the basis of efficient criminal policymaking is indebted to that criminal procedure would be health and just. Furthermore, the interference of political structure in criminal policy is unavoidable. Politicians take the advantage of this intervention to get reputation and popularity by directing people’s ‎attitude according to their own desires that has resulted to penal populism.‎ Basically emerging the approach in criminal procedure requires specific contexts and utilizing their function in the adverse direction. Politicians‎ misuse trans systemic contexts such as “ Populist Punitiveness ”, “Sence of fear and insecurity ”, “ The media reflection of crime “ and “ Weakening of the welfare state “ and through which they render the existing and important context such as “ Managerialism “, “ Neglect of rehabilitation “,”legal realism” and “ Distrust of the criminal justice “ their assistant for their own popular policies to hide their failure and bad policies. Not only criminal justice should not to contribute in emerging the approach but also it should try in favorite direction to self – contexts by preceding Politicians‎ and ruling rationality and science in order to benefit from function of them and even it should make trans systemic context in the same way to avoid emerging the performance of the them at the unfavorable way. Therefor identifying these backgrounds and their functions is necessary, thus, to use them efficiently to repel popular approach and governing reason and science in criminal procedure.

Fear of crime and feeling insecure as e result, is one of social problems in todays societies. The press can play a vital role in producing such a feeling. This paper is therefore, planned to analyze the effect of the press on violence and feeling insecure in the community by first looking at the current literature and then by a survey which tries to evaluate the effect of four variants including the level of the knowledge, sex, education in three different towns (Tehran, Mashhad, Qom) on people. This was carried out in1393 by distributing 180 questionnaires amongst people in the three mentioned towns. The data gathered was analyzed by P-Value and Chi-squared test. The result shows that some of the variants have been effective on feeling insecure and violence, but the others did not have any effect on such a feeling of people studied.

The free trade system is going to reduce the tariffs and remove the non-tariffs barriers that WTO undertakes to do them. Some imported products have problems with regard to safety and health and importing countries are concerned that the entrance of such products to their territories will danger public health. These concerns may be as result of public opinion and concerns that may have a scientific basis or not. Under some conditions, "The Agreement on Sanitary and Phytosanitary Measures" permits the Members to prevent the importation of the products that are dangerous to the public health and safety. This essay seeks to examine to what extent can the Member's public opinion about health and safety of imported products be a reason for taking restrictive-free trade sanitary and phytosanitary Measures? The careful survey of the above-mentioned Agreement shows that there is considerable scope for the Members to rely on the non-scientific evidence such as public opinion to take measures for protecting the life and health of humans and environment.

The Islam has special value for management and guiding the society. And it has special effort for human society specially the faith community that has been based on doctrine and teachings of monotheism. This effort naturally requires management and guidance. The society is a combination of people and groups that will form unify coherent whole. The important key element that forms the coherences and unity of the society is the element of thought and thinking that people or groups of the society have about different issues. The public thinking, as predominant thought of the society, usually is known as the common value among them that sometimes management groups have to shine it from doubts’ rusts and sometimes they have to induct some concepts and ideas to it so that in one word, it could put effort on guiding and managing the public’s thinking. Following “slowly” and “toleration” principles along with gaining the attention of the public are the two major approaches for public thinking management. Due to the great effect of the public thinking as a social force on both attitudes and actions of people, the Holy Quran, while having great concerns about the society and the public section, definitely has some blessings regard to this great social force and stimulus.