disproportionate punishments are those punishments passed or enforced without considering the criteria of proportionality, namely the criteria of harm done, the absolute or relative seriousness of crimes, the kind of committed crime and offender characteristics, the degree and kind of victim’s culpability. considering the penological aims, such as retribution, deterrence and securing social def...

as a rule, like other criminal legal systems, insane people are exempted from criminal liability in iranian criminal law. the previous penal code, replaced in 1982, had classified the mentally ill people into two groups. those completely insane were totally free from criminal liability and those suffering from less serious mental illnesses benefit to some extent liable to a certain lenient degr...

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Different nations’ tendency to expand their judicial and legislative territory outside their ruling kingdom has caused conflicts in the criminal qualification and the coming into existence of legal bad effects. Among these bad effects is the double or additional punishment of someone who has been tried and received their penalty in another country before, which is at odds with the principles of...

Criminal sanctions are usually public, stable and predictable. In contrast, the practices governing the determination of the probability of detection and conviction reinforce uncertainty. We invoke psychological insights to illustrate that criminals prefer a scheme in which the size of the sentence is uncertain while the probability of detection and conviction is certain. Consequently, the choi...

Women with mental disabilities confront sexual assault at an alarming rate. We have argued elsewhere that this reality should be reflected in our understanding of the concepts of consent and capacity in the criminal law of sexual assault (Benedet and Grant 2007a; Benedet and Grant 2007b). In this paper, we examine recent developments in Canadian sexual assault law and consider whether they are ...