[Home ] [Archive]   [ فارسی ]  
:: Main :: About :: Current Issue :: Archive :: Search :: Submit :: Contact ::
:: Volume 1, Issue 2 (Interdisciplinary Legal Research, Jul 2020) ::
ILR 2020, 1(2): 35-49 Back to browse issues page
Ethical Considerations In Dealing With Terrorist Crimes In Iran And U.S. Law
Seyed Vali Noorashrafoddin1 , Hasan Hajitabar Firoozjai 2
1- PhD in Criminal Law and Criminology, Attorney at Law, Iran
2- Department of Law, Faculty of Humanity Science, Islamic Azad University, Qaemshahr Branch, Qaemshahr, Iran. (Corresponding Author)
Abstract:   (1107 Views)
Background and Aim: Today, the spread of terrorism as one of the most important security challenges has led to an implementation of a discriminatory procedure; That is, the defendants of these crimes have been prosecuted in a different and more rigorous manner than other criminals, and some of the rights that other defendants enjoy are denied.
Materials and Methods: This is a descriptive - analytical Study.
Ethical Considerations: Honesty and confidentiality have been observed.
Findings: Implementing a discriminatory procedure for defendants of terrorist crimes is socially beneficial and is a moral choice; because by taking hard on defendants ensures the maintenance of public order and enhances the community security. It also provides the groundwork to prevent citizens from harms as a result of terrorist acts in the future. However, the restriction of individual liberties (such as the prolongation of temporary detention) and the deprivation of these defendants' rights over other criminals have led to unfair discrimination and question the judicial justice.
Conclusion: Discriminatory procedure of terrorist crimes defendants is an unethical, unjust and discriminatory choice. But it will be an ethical choice from the viewpoint of society as a whole and the need to maintain order and security of citizens.In both, the United States and Iran, the same approach of preferring the interests of society to the individual has been confirmed.
Keywords: Procedure, Social and Moral Justice, Terrorist Crime, Security, Public Order, Ethics
Full-Text [PDF 1236 kb]   (382 Downloads)    
Type of Study: Research |
Received: 2020/05/23 | Revised: 2020/06/12 | Accepted: 2020/06/23 | Published: 2020/07/1
1. Alinaghi, A (2002). "The Position of Security in National Strategy". Strategic Studies Quarterly, 5(16):22-39. (Persian)
2. Ardebili, M (2015). "Understanding the Accusation or the Right to Know the Subject and the Reasons of the Accusation". Journal of Legal Research, 19(4): 11-24. (Persian)
3. Browntie, L (2016). Principles of Public International Law. California: Stanford University Press.
4. Dain, C (2017). "The Protective Principle of International Criminal Jurisdiction". Plea Bargaining's Triumph j, 16 (102):88-114.
5. Geoff, G (2015). Crimes Sans Frontiers: Jurisdictional Problems In USA code, The British Yearbook of International Law. New York: Council on Foreign Relations.
6. Ghorbani, A (2015). The Case Study of the European Court of Human Rights on the Right to Freedom and Security and the Right to a Fair Trial. PhD Thesis in Criminal Law and Criminology, Tehran: University of Tehran. (Persian)
7. Gordon, J (2016). Civil liberties VS. Civil Rights; on the Issues. Vol 27. Massachusetts: The Challenge of Democracy.
8. Janda, K (2017). American Government in Global Politics. Vol 25. Massachusetts: The Challenge of Democracy.
9. Jazayeri, M (2016). "Terrorism and Its International Instances, Lecture Series and Proceedings of the International Anti-Money Laundering Conference". Criminal Law & Criminology, 16(10):50-64. (Persian)
10. Jazayeri, M (2016). "Terrorism and Its International Instances". Criminal Law & Criminology, 16(10):50-64.
11. Kavanagh, A (2017). "Special Advocates, Control Orders, and the Right to a Fair Trial". Journal Compilation, The Modern Law review, 33(1): 89-121.
12. Kittichisaree, K(2018). International Criminal Law. New York: Oxford University Press.
13. Konani, S (2015). "The Interplay of Human Rights Standards and Security Criminal Policy in the Horizon of International Law with a Reflection on American Patriot Law". International Police Studies, 20(11):36-43.
14. Mahmoudi, A (2017). "Human Rights in International Criminal Proceedings, Commission of the Judiciary". Criminal Law and Criminology Resea, 11(1): 32-74. .(Persian)
15. Plosi, S (2019). The Right of Suspects and Accuseds. New York: Oxford University Press.
16. Prentzas, G (2006). Miranda Rights of the Accused. New York. NY: The Posen Publishing Group.
17. Silver, A (2016). Prosecuting Terrorists after Septambr 11. Council on foreign Relations. New York: Tata McGraw-Hill Education.
18. Stephenc, S (2015). "Two Lawyer one Client and the Duty to Communicate". University of new Hampshire law review, (5): 36-41.
Send email to the article author

Add your comments about this article
Your username or Email:


XML   Persian Abstract   Print

Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:

Noorashrafoddin S V, Hajitabar Firoozjai H. Ethical Considerations In Dealing With Terrorist Crimes In Iran And U.S. Law. ILR. 2020; 1 (2) :35-49
URL: http://ilrjournal.ir/article-1-37-en.html

Rights and permissions
Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Volume 1, Issue 2 (Interdisciplinary Legal Research, Jul 2020) Back to browse issues page
فصلنامه علمی تخصصی پژوهش‌های حقوقی میان‌رشته‌ای The Quarterly Journal of Interdisciplinary Legal Research
Persian site map - English site map - Created in 0.04 seconds with 29 queries by YEKTAWEB 4374