Research and development in criminal law and criminology

Research and development in criminal law and criminology

The Position of the Scapegoat Theory in Security-Oriented Criminal Policy: With an Approach to the Iranian Legal System

Articles in Press

Document Type : Original Article

Authors
fatemeh azimi 1
Mohammad Mirzaei 2
shahrdad daraby 3
1 PhD student in Criminal Law and Criminology, Faculty of Humanities, Qom Branch, Islamic Azad University, Qom, Iran
2 Associate Professor, Law Department, Amin University of Management Sciences, Tehran, Iran
3 Department of Criminal Law and Criminology, Qom Branch of Islamic Azad University, Qom, Iran
10.22034/jclc.2025.2075331.1275
Abstract
Criminal policymaking is a process that responds to criminal behavior based on a logical framework based on the values ​​and requirements of society in order to restore order and security to society. In some circumstances, legal-political systems, especially under the influence of a populist atmosphere, tend to focus on specific groups of criminals (such as illegal immigrants, addicts, etc.) as "scapegoats" and implement strict criminal policies. The aim of this work is to divert public opinion from the complex roots of insecurity, create a false sense of security and social unity, and gain political legitimacy through a display of power and decisive response. From this perspective, it can be said that criminal policy is related to and affects each other with security, populism, and the scapegoat theory, and the main issue of this article is to examine and explain this relationship in Iranian criminal policy.
The research method in this study is descriptive-analytical and, using library and documentary resources, explores the theoretical foundations, indicators, and consequences of this approach. The research findings show that the combination of criminal populism and the scapegoat mechanism leads to the formation of policies that are mainly showy, lack real efficiency in reducing crimes, and violate the fundamental principles of criminal law such as justice, proportionality of crime and punishment, and the prohibition of discrimination. These policies not only do not solve the main problem, but also lead to distrust in governing institutions and the weakening of democracy by fueling moral panic, creating social resentment, and ignoring the root causes of crime.
Consequently, it should be emphasized that moving beyond the paradigm of de-securization and short-term populism and moving towards a “rational and evidence-based criminal policy” that focuses on social prevention, rehabilitation, and solving the socio-economic roots of crime is essential. The prerequisite for such an approach, which not only leads to more sustainable security, but is also fully consistent with the standards of a fair criminal justice system and human rights, is the reform of criminal policies in various legislative, judicial, executive, and preventive dimensions
Keywords
Security-oriented criminal policy
populism
scapegoating
strict criminal justice
strict social response

Subjects

o   Islamic Penal Code, 1392 (in Persian)
o   Tazirat Code, 1375(in Persian)
o   Criminal Procedure Code, 1392(in Persian)
o   Aghajani, Mehdi; Mir Khalili, Seyed Mahmoud; Haji Dehabadi, Ahmad, (1400), Pathology of Iranian Criminal Policy in the Light of the Sacrificial Lamb Theory, Scientific Journal of Contemporary Legal Studies, (23)12; 210-185. (in Persian)
o   Amiri Sabet, Hedayatollah, Sarikhany, Adel, Haj Dehabadi, Mohammad Ali.(1404), Iran's Criminal Policy Towards Social Protests, Bi-Quarterly Journal of Research and Development in Criminal Law and Criminology, (3)2, 143-107. 10.22034/jclc.2025.2050260.1146 (in Persian)
o   Taggart, Paul, (2006), Populism, Vol. 2, Translated by Hassan Mortazavi, Tehran, Ashtian Publications. (in Persian)
o   Ghorbanpour, Hamid, Sadati, Seyyed Mohammad Mehdi, Jamadi, (2001), Criticism of the phenomenon of criminal populism with emphasis on the approach of the Iranian criminal justice system, Journal of Interdisciplinary Studies of Jurisprudence » (6)2, 160-143. (in Persian)
o   Rezaei Todeshki, Hossein; Majidi, Seyyed Mahmoud; Baghizadeh, Mohammad Javad, (2002), Manifestations of the emergence of security-oriented criminalization in crimes against security in Iranian criminal law, Quarterly Journal of Ethical Research, (13)4; 137-158. (in Persian)
o   Khagevand Mazaher., and Sheikholeslami Kandolosi Shragim. (2003). Iran's criminal policy towards disruption of the economic system with emphasis on the theory of the sacrificial lamb. Encyclopedia of Jurisprudence and Comparative Law, 2(4), 1-19. (in Persian)
o   Azizi, Somayeh; Mirkhalili, Mahmoud, (2019), The relationship between the scapegoat theory and criminal populism and its impact on Iran's criminal policy, Journal of Legal Studies, (41)11; 242-221. (in Persian)
o   Hazari, Frank; Pakzad, Batoul; Alipour, Hassan; Farahbakhsh, Mojtaba, (2012), Confronting immigrant delinquency in Iran's criminal policy; (Has and Musts), Quarterly Journal of Islamic Jurisprudence and Law Studies, (29)14; 314-277. (in Persian)
o   Moezenzadegan, Hassan Ali. (2014), Denial of the prosecutor's freedom of action in violating the principle of innocence for prosecuting security crimes, Bi-Quarterly Journal of Research and Development in Criminal Law and Criminology, (2)1, 382-368. 10.22034/jclc.2024.2048777.1135 (in Persian)
·        Bandes, S. A. (Ed.). (1999). The Passions of Law. New York: New York University Press. (See Chapter 5: "The Scapegoat"
·        Ashworth, A., & Zedner, L. (2014). Preventive justice. Oxford University Press.
·        Bandes, S. A. (2020). Empathy, Narrative, and Victim Impact Statements. University of Chicago Law Review, 63(2), 361-412. (
·        Bibas, S. (2004). Plea bargaining outside the shadow of trial. Harvard Law Review, 117(8), 2463-2547. https://doi.org/10.2307/4093404
·        Garland, D. (2001). The culture of control: Crime and social order in contemporary society. Oxford University Press.
·        Girard, R. (1986). The scapegoat (Y. Freccero, Trans.). The Johns Hopkins University Press
·        Girard, René. Violence and the Sacred. Translated by Patrick Gregory. Baltimore: The Johns Hopkins University Press, 1977. ( especially Chapters 1, 2, and 11).
·        Lechte, J. (2024). The Scapegoat: Violence, Law and Origin. Theory, Culture & Society, 02632764251347242.‏
·        Lundman, R. J., & Kaufman, R. L. (2003). Driving while Black: Effects of race, ethnicity, and gender on citizen self-reports of traffic stops and police actions. Criminology, 41(1), 195-220. https://doi.org/10.1111/j.1745-9125.2003.tb00986.x
·        McCulloch, J., & Pickering, S. (2009). Pre-Crime and Counter-Terrorism: Imagining Future Crime in the ‘War on Terror’.British Journal of Criminology, 49(5), 628–645.
·        Özdemir, G. (2024). Anti-Immigration, Populism and Security Discourses: The Rising Far-Right in Europe. International Immigration and Security Policies
·        Reiman, J., & Leighton, P. (2020). The rich get richer and the poor get prison: Ideology, class, and criminal justice (12th ed.). Routledge.
·        Simon, J. (2007). Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear. Oxford University Press.
·        Surette, R. (2015). Media, Crime, and Criminal Justice: Images, Realities, and Policies (5th ed.). Cengage Learning.
·        Wacquant, L. (2009). Punishing the Poor: The Neoliberal Government of Social Insecurity. Duke University Press.
·        Zakeri, M. (2020). Securitization of criminal policy in the Islamic Republic of Iran: A critical analysis. Asian Journal of Criminology, 15(3), 245–262.
Research and development in criminal law and criminology

Articles in Press, Accepted Manuscript
Available Online from 22 December 2025