A Comparison between ‘Crime-Centeredness’ Approach of Criminal Jurisprudence and ‘Felon-Centeredness’ and ‘Victimized-Centeredness’ Approach in Criminal Law
Following the changing of society’s attitudes, the alteration of thinkers’ attitudes of every age toward ‘criminal phenomenon’, regulations and, rules of criminal law has always been changed. Thereby, criminal law has so far passed three stages of ‘crime-centeredness’, ‘felon-centeredness’ and ‘victimized-centeredness’. Determining the ‘scale of Crime committed’, ‘measurement of felon's dangerousness’ and ‘rights and needs of victimized persons’ are respectively the criteria of determining the punishments or responding appropriately toward criminal phenomena in scales of justice. Due to being conventional many of the answers of our criminal jurisprudence, it seems that they are also based on ‘crime-centeredness’ approach of the customary practice in the age of divine legislation. Moreover, in addition to punishing, there is not enough attention paid to the need of individualizing these punishments commensurate with the variety of felon's dangerous situations and the kinds of rights and needs of Victimized. By highlighting the domination of crime-centeredness’ approach of criminal jurisprudence, this article reminds you to pay more attention to time and place demands and specialized thoughts of criminal law in respect to making more measured criminal policy for modern criminal jurisprudence. Because it seems that some conventional developments in criminal law have gained such acceptance and generality that resisting these developments will cause damage to the acceptability and validity of criminal jurisprudence. The Infallibles practical way of life about the correction and recovery of felons and their attention to the rights and needs of victims should be received much attention and the high capacity of discretionary punishment must be used in order to complete the current punishment for intentional crimes. Key Words: Dynamic Jurisprudence, Criminal Jurisprudence, Crime-Centeredness, Felon-Centeredness, Intentional Crimes.
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