Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Jun 2020)
Challenges to the effectiveness of the execution penalty for drug offenses in the light of the theories of the economic analysis of crime
Abstract
Abstract The logic of benefic cost which forms the base of some ideas named as the economic theories to explain the offences, although it was stated by Gary Becker the economist, so its roots can be seen in idea of Beccaria and Bentham in the 18th century.. This logic beside its strength points has become a serious support to protect the execution resorting to its preventive function. Analyzing the drug offenders’ decision procedure is necessary to evaluate this claim and to emphasize or reject the deterrence of execution. Indeed , in drug offences in Iran, confidence in some conditions such as logic calculations and standard percentage of committed offences , the offenders’ knowledge about the benefits and risks of the crime, possibility of voluntary decision making and selection of the type and weight of the materials. While, analysis the present situation and referring to the judges’ evidences and experiences indicate that for some reasons such as the chained structure of smuggle in the country and conditions of the south-eastern regions and the characteristics of the accused, this confidence is not present
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