The nature of the state, with regard to human nature, from the perspective of some sociologists and political scientists, is in some ways intertwined with coercion and violence (albeit legitimate and legal), to the point that Max Weber believed that the state means a monopoly on the use of force; on the other hand, some thinkers, such as Foucault, consider the institutions of coercion (such as prisons) to be in fact devices for disciplining subjects and have a critical and negative view of them. Therefore, criminal policy and how to punish offending citizens is one of the functions of the state that needs to be considered and re-examined. In this regard, the main question of this article has been whether social approaches have been used in criminal policy in Iran or not. The hypothesis of the article, with reference to Gabriel Tarde's theory of imitation, is that some recent criminal policies, such as the reduction of punishments and alternative punishments, have been adopted or at least can be justified by relying on a social approach. The research findings have shown that not only can part of the criminal policy in the legal system of Iran be theoretically supported by Tarde's theory of imitation, but also, based on the strength of this theory, it is better to re-examine criminal policies in other cases as much as possible by relying on the results of this theory. The approach of the article is descriptive-analytical and the method of data collection has been documentary and library-based.
Introduction:
Imprisonment, as one of the main punishments, creates many restrictions for an individual, affecting their freedom, movement, speech, eating, and sleeping. Although the methods of imprisonment in prisons have changed, these changes do not indicate the absence of restrictions or that imprisonment is not a punishment. In criminal policy, the state is obligated to guarantee the rights of citizens and punish criminals, but the application of punishment can have consequences such as increased crime and the growth of criminal behavior. In modern views of criminal sociology, emphasis has been placed on the reform and treatment of criminals and their social reintegration, which has shown the ineffectiveness of punishments such as imprisonment.
Gabriel Tarde, based on his theory of imitation, believes that prison is an environment where criminals can find a model for committing crimes. This is one of the important criticisms of imprisonment. In the Iranian governance system, which is based on Islamic Sharia, respect for human dignity is important, and for this reason, it is necessary that criminal policies, instead of imprisonment, pay attention to alternative punishments. The present study examines the criminal policies of the Islamic Republic of Iran in this regard.
Main Body
1.Gabriel Tarde's Theory of Imitation and its Impact on Crime
Gabriel Tarde, a French sociologist and criminologist, presented the theory of imitation to explain the reasons for the increase in crimes and the impact of criminals' behavior on each other. Tarde believed that crime is not deterministic but acquired, and individuals learn it from others. He also emphasized that society is naturally imitating each other's behaviors, and this plays a significant role in the production and proliferation of criminal behaviors. According to Tarde, humans imitate others because they have a social and imitative nature. He even considered traditions and customs as a kind of imitation of the past. In Tarde's theory, imitation, as a cultural and social factor, has a great impact on individual and collective behaviors.
Tarde proposed three main laws in his theory of imitation:
The Law of Closeness: This refers to the influence of close and similar groups on people's behavior. A person imitates more from those who are in their close environment.
The Law of Superiority: This indicates the tendency of lower-status individuals to imitate higher-status individuals. In criminal gangs, newcomers imitate more from veterans.
The Law of Fashion: This explains the changes in behavior and the type of crimes based on social fashions. This law states that every crime and social behavior changes periodically, and over time, the type and methods of committing it also change.
In this regard, Tarde has discussed the impact of imitation with other thinkers as well. For example, in Albert Bandura's social learning theory, observation and imitation of others are an important factor in changing behaviors and increasing aggression. Tarde also points out that imitation of past and contemporary generations can lead to the transmission of criminal behaviors to new generations.
In Iranian society, there are examples of the impact of imitation in criminalization. Such as acid attacks and serial killings, which, due to media attention and highlighting some criminal individuals, become imitated and repeated behaviors.
In general, Tarde's theory emphasizes the importance of social interactions and their impact on learning and imitation, and states that humans learn by observing and imitating the behaviors of others, and this can lead to an increase or decrease in crime in society. However, Tarde's theory has also been criticized, arguing that not all social behaviors can be placed under a single concept such as imitation.
2.The Social Approach in Criminal Law
In the early days, the implementation of punishments was based on instinctive feelings and revenge, and its purpose was to deal with feelings of injustice and the danger caused by the crime. Hobbes's theory of human nature considers man inherently criminal, and to control these behaviors, the authority of the state and criminal policies are necessary. Criminal policy includes three parts: criminalization, criminal responsibility, and punishment, each of which requires a specific model. These policies depend on the social conditions and the ruling ideology, and usually a main model is adopted in each country to determine punishments.
In Iran, a specific punishment model in which punishments are determined for each crime and are binding, especially in cases such as Hudud, Qisas, and Diya, is determined using Sharia and jurisprudential principles. However, in the section of Tazirāt, the government can change the punishments according to the needs of the time and social conditions. These punishments are precisely defined in the Islamic Penal Code and include various types of punishments that differ in terms of type and severity of the crime.
Major changes in Iran's criminal policy in recent years, especially in Tazirāt punishments and the use of alternative punishments to imprisonment, have been observed. These changes include reducing the length of imprisonment, reducing the prison population, and using non-custodial punishments such as free public service, cash fines, and deprivation of social rights. Also, the use of new technologies such as electronic ankle bracelets to monitor criminals outside of prison has been raised to reduce the problems associated with crowded prisons and corruption in them.
One of the most important developments is the approval of the "Law on Reducing the Punishment of Discretionary Imprisonment", which seeks a policy of decarceration and shows a new approach in Iran's criminal policy. This law not only reduces the punishment of discretionary imprisonment but also includes changes in Hudud imprisonments. The aim of these changes is to reduce the inflation of the prison population and prevent the recurrence of crime by improving correctional methods and using alternative punishments.
Therefore, the trend of reforms in Iran's criminal policy indicates a fundamental change in dealing with criminals and the type of punishments, which, instead of focusing on imprisonment, seeks to use corrective and preventive methods of crime. This new approach can help reduce the social and economic problems caused by prisons and generally create a more efficient and humane criminal system.
Conclusion
According to Weber's theory, the state acts as a device for the use of coercive force to defend the rights of citizens. One of the functions of the state is to secure and guarantee the rights of citizens, which leads to the formation of the state and the transition from the state of nature to the civil state. Criminal policy, including imprisonment, is one of these functions. Although imprisonment is recognized as a deterrent punishment, it has disadvantages that can have negative effects. Gabriel Tarde, with his theory of imitation, believes that many crimes result from people modeling their behavior on others, especially in prisons. Based on this theory, some studies emphasize the need to reduce imprisonment and use alternative punishments. In the new criminal laws of Iran, decarceration policies such as cash fines and electronic ankle bracelets have been introduced to reduce the prison population and prevent the imitation of crime in prisons.