نوع مقاله : علمی-پژوهشی
نویسندگان
1 دانشجوی دکتری گروه حقوق جزا و جرم شناسی، واحد یاسوج، دانشگاه آزاد اسلامی، یاسوج ، ایران.
2 استادیار، گروه حقوق ، واحد یاسوج، دانشگاه آزاد اسلامی، یاسوج ، ایران
3 استادیار، گروه حقوق ، واحد یاسوج، دانشگاه آزاد اسلامی، یاسوج ، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Criminal justice is one of the most important social institutions that is responsible for maintaining the order and security of the society and implementing justice. In modern legal systems, the government is responsible for providing criminal justice services. However, in recent years we have seen an increase in the privatization of criminal justice around the world. In this article, we are trying to answer the question of what opportunities and challenges the privatization of criminal justice as a social problem entails. The findings of the research indicate that there are generally two general views in the field of privatization of criminal justice; The first or neoliberal view argues that privatization increases efficiency and cost savings, innovation, performance-based contracting, flexibility, reduction of bureaucracy, central specialization and reduction of government monopolies; On the other hand, the second point of view or the commodification of criminal justice suggests that the commodification of criminal justice causes deprivation of justice and freedom, reduction of services, simplification, instability, lack of accountability, conflict of interests, deprivation of public trust. In this article, by using the descriptive and analytical method and with a sociological perspective, we examine the privatization of criminal justice and different views.
Keywords: Privatization, Commodification, Criminal Justice, Neoliberalism, Social Justice
Introduction
Starting in the 1980s, governments initiated privatization efforts across industrial and welfare sectors, aiming to bolster revenue, expand stock ownership, and diminish union influence. This shift aimed at enhancing consumer choices, service quality, and cost-effectiveness. Unlike earlier periods where economic activities toggled between public and private realms, recent decades witnessed a pronounced transfer of governmental responsibilities to the private sector, a departure from post-World War II trends of extensive government ownership and service provision. This global wave of privatization, beginning in the late 1970s, encompassed diverse public services, including the outsourcing of functions within criminal justice systems.
Materials & Methods
The study employs analytical-descriptive methods within legal sociology to explore and analyze theories, literature, and empirical findings regarding the privatization of criminal justice, aiming to delineate both its opportunities and challenges.
Discussion
Criminal justice encompasses principles such as acquittal, legality, moral responsibility, and punishment's personal nature, aiming to ensure individuals' rights against governmental criminal actions while maintaining public safety, deterring crime, rehabilitating offenders, and administering justice. Its paradigms include retributive justice focusing on punishment, restorative justice emphasizing reform, and social justice addressing crime's social roots and inequalities.
Result
The sociological examination of the privatization of criminal justice reveals two predominant perspectives. Proponents of privatization argue that the private sector can deliver criminal justice services more effectively and with higher standards through competition, economic incentives, and innovation. They contend that privatization enhances flexibility, specialization, and overall efficiency, while also breaking down government monopolies in this domain. Conversely, critics caution against the commodification of justice under privatization, asserting that profit motives inherent in private companies jeopardize clients' rights and access to justice. Concerns also center around potential instability, inadequate accountability, conflicts of interest, and a erosion of public trust in the criminal justice system.
کلیدواژه‌ها [English]
)