Criminal Policy, Security, and Justice in the Time of COVID-19

Criminal Policy, Security, and Justice in the Time of COVID-19

DOI: 10.4018/978-1-6684-3374-4.ch004
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Abstract

This study explains the necessary elements in controlling and reducing harmful and incompatible social phenomena with the nature of existence to design correct and challenging social and scientific models using comprehensive approaches to criminal policy and chaos theory.
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Introduction

Human history is full of events and happenings that have produced horrific results and effects. But what is more unfortunate is that by paying close attention to the causes and factors of their occurrence or analyzing these events and phenomena outside of their time and place, it can be understood that many of these catastrophes were preventable and controllable, but negligence, indifference, or one-sidedness. Rulers and trustees with different political, economic, racial, etc., motives have caused many bitter and damaging experiences (Ansel, 2012). The beginning of 2020 coincided with a bitter experience caused by the spread of the Covid-19 virus and the suffering of hundreds of thousands of people, which resulted in the loss of hundreds of thousands of lives, more than the loss of public panic and the loss of peace and tranquility of human societies. And disruption and even cessation of social life and human and international interactions. The Covid-19 epidemic has taken today’s arrogant human beings and the world community so passively and by surprise that declaring a state of emergency and emergency was the only logical option. The most important cause of this general fear and anxiety is the ignorance of humans and societies about the nature of this virus, how it works and how to control or treat its patients. In the words of “Jürgen, one of the greatest philosophers of the present day, the occurrence of the Covid-19 phenomenon of human consciousness concerning Habermas” added to his ignorance(Aghmashhadi & Naghibi, 2017). By conquering the great peaks of science and technology and the astonishing dominance of nature, industry, and technology, Twentieth-century man had gradually reached the illusion that he might be the ruler and ruler of the universe. But the sudden and very rapid onslaught of the Covid-19 virus exposed this arrogant third-millennium man to his compound ignorance and showed his helplessness in dealing with the epidemic and managing it. One of the serious ambiguities associated with the Covid-19 virus is the cause and origin of this virus? Is it constructing the human will that has fallen into the mire of morality, or is it the result of natural interactions and irrational manipulations of man in nature and the system? In any case, it should be said without a doubt that one of the important contexts for the occurrence of many threats to social life, including floods, hurricanes, pollution of biological and water resources, air pollution and even their lifestyle, and emerging and unknown epidemics(Birkland, 2017). How man interacts with the universe and his inventions and innovations in its general sense and the method of analysis and critique of social phenomena, or the type of human attitude to the phenomena and relations around him, is special. The latter element depends on the depth of scientific view and the amount of human knowledge and awareness not only of any social event or scientific achievement but also attention to the effects and sufficient information about the future consequences of that phenomenon and, more importantly, its effect on interaction with other natural phenomena and elements. And man is within a complex network system. In the eighteenth century and its heyday in the nineteenth and twentieth centuries, with the advent of modernism, stunning advances in medicine, biology, industry, and new aerospace, telecommunications, and cyberspace were achieved. It spread to the realm of the humanities, the obvious result of which was extreme specialization and particularism as one of the salient features of the present age. Although these island and partial approaches, in the first place, caused human pride in achieving brilliant and dazzling results, due to the lack of a comprehensive, multifaceted, and networked view of social phenomena and events, their unfortunate effects and effects are negligible. Many of the current heterogeneous and unpleasant dangers are rooted in the simplifications of social and human events or the details inherited from the modern era. With the drawing, the failure of many previous policies and approaches and the lack of establishment of the utopia to cause thinkers explored these failures, and new suggestions and solutions were presented in response to these failures. Among these solutions in humanities and law, we can mention theories derived from the study of criminal policy and chaos theory. The approach of criminal policy as a solution in the face of contemplation in scientific methods and research and re-reading social phenomena helps us correct and comprehensively understand phenomena and avoid ignorance and one-sidedness. Analysis of the Covid-19 virus phenomenon requires in-depth study of various aspects, including medicine, ethics, philosophy, jurisprudence, society, politics, and law, Human rights, criminology, and criminal policy can be studied in this study; the case of the Covid-19 virus is analyzed exclusively in the form of a preventive approach to criminal policy based on scientific data from the theory of chaos(Behnia et al., 2007).

Key Terms in this Chapter

Social Equality: Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services. Social equality requires the absence of legally enforced social class or caste boundaries and the absence of discrimination motivated by an inalienable part of an individual’s identity. For example, advocates of social equality believe inequality before the law for all individuals regardless of sex, gender, ethnicity, age, sexual orientation, origin, caste or class, income or property, language, religion, convictions, opinions, health, disability, or species. Social equality is related to equal opportunity.

Chaos Theory: Chaos theory is a branch of mathematics focusing on the study of chaos — dynamical systems whose random states of disorder and irregularities are governed by underlying patterns and deterministic laws that are highly sensitive to initial conditions. Chaos theory is an interdisciplinary theory stating that, within the apparent randomness of complex, chaotic systems, there are underlying patterns, interconnectedness, constant feedback loops, repetition, self-similarity, fractals, and self-organization. The butterfly effect, an underlying principle of chaos, describes how a small change in one state of a deterministic nonlinear system can result in large differences in a later state (meaning that there is a sensitive dependence on initial conditions). A metaphor for this behavior is that a butterfly flapping its wings in Texas can cause a hurricane in China.

Security: Security is freedom from, or resilience against, potential harm (or other unwanted coercive change) caused by others. Beneficiaries (technical referents) of security may be persons and social groups, objects and institutions, ecosystems, or any other entity or phenomenon vulnerable to unwanted change.

Equal Opportunity: Equal opportunity is a state of fairness in which individuals are treated similarly, unhampered by artificial barriers or prejudices or preferences, except when particular distinctions can be explicitly justified. The intent is that the important jobs in an organization should go to the most qualified people – persons most likely to perform ably in a given task – and not go to persons for reasons deemed arbitrary or irrelevant, such as circumstances of birth, upbringing, having well-connected relatives or friends, religion, sex, ethnicity, race, caste, or involuntary personal attributes such as disability, age, gender identity, or sexual orientation.

Equity: Equity is a particular body of law developed in the English Court of Chancery. It is not a synonym for ‘general fairness’ or ‘natural justice.’ It exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle, epieikeia, and with Roman law, aequitas. Later, in civil law systems, equity was integrated into the legal rules, while in common law systems, it became an independent body of law.

Discrimination: Discrimination is the act of making unjustified distinctions between human beings based on the groups, classes, or other categories to which they are perceived to belong. People may be discriminated against based on race, gender, age, religion, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a worse way than other people are treated, based on their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges available to members of another group.

Civil and Political Rights: Civil and political rights protect individuals’ freedom from infringement by governments, social organizations, and private individuals. They ensure one’s entitlement to participate in the civil and political life of society and the state without discrimination or repression.

Justice: Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes “deserving” being impacted upon by numerous fields, with many different viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness.

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