Dig into contents of the Containment Theory; A Comparative approach on the Levers of rehabilitation at the constitution of the Islamic Republic Iran

Subject Areas : Recent Developments in public law

Gelavizh  Sheikholeslami vatani ¹ (Ph.D. Student in Criminal Law and Criminology , Department of Criminal Law and Criminology, Faculty of Law Theology and Political Science , Science and Research Branch , Islamic Azad University , Tehran, Iran)
Mohammad  Ashouri ² (- Professor Department of Criminal Law and Criminology, Faculty of Law ,Theology and Political Science , Science and Research Branch , Islamic Azad University , Tehran, Iran)
Nasrin  Mehra ³ (Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University , Tehran, Iran)
Mohammad Ali  MahdaviSabet ⁴ (Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science , Science and Research Branch , Islamic Azad University , Tehran, Iran)

Received: 2023-03-09 Accepted : 2023-05-12 Published : 2023-09-23

Keywords: Containment theory, Adaptive Approach, Constitutional Law, rehabilitation levers,

Abstract :

The implementation of a justice system founded on unequivocal culpability is likely to yield no outcome other than recidivism. As such, the present study endeavors to redefine the mechanisms that are capable of deterring criminal recidivism within a specific geographical area, while simultaneously enhancing the process of criminal reintegration. This is achieved by mitigating the detrimental effects of punitive measures, such as incarceration. The foundation of the study is established on a fundamental inquiry, which, through a comparative methodology, endeavors to elucidate the means by which non-criminal mechanisms of rehabilitation may be comprehended in offenders. The research question posits the objective of elucidating the scope of containment ideology through a correlation between social theory and crime prevention, through an examination of analogous facets in the Islamic Republic of Iran's constitutional principles, the Quran, and interpretive resources. The present study is grounded in the examination of cognitive theory, employing a descriptive-analytical approach, and utilizing content analysis as a means of data collection. The research's findings describe that the rehabilitation of offenders and its progression follows a gradual and incremental process that by strengthening non-criminal self-restraint measures, it can logically and practically provide appropriate opportunities for crime management and prevention to society.