Journal of Legal Research

Journal of Legal Research

The Role of Adverse Childhood Experiences in Sentencing and Criminal Proceedings: A Comparative Study Between the United States and the Islamic Republic of Iran

Document Type : Original Article

Authors
1 PhD student in Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabae'i University, Tehran, Iran.
2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Humanities, University of Science and Culture, Tehran, Iran.
3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Humanities, University of Science and Culture, Tehran, Iran.
4 Professor, Department of Criminal Justice and Criminology, Faculty of Law and Political Science, Allameh Tabatabae'i University, Tehran, Iran.
Abstract
Adverse childhood experiences (ACEs)—such as abuse, neglect, domestic violence, and emotional deprivation—are among the key factors that can directly or indirectly influence antisocial behavior and criminal tendencies in adulthood. Nevertheless, many criminal justice systems, particularly in developing countries like Iran, lack effective mechanisms for identifying and incorporating these experiences into the adjudication and sentencing processes.

This comparative study examines the impact of such experiences on criminal proceedings in the legal systems of the United States and Iran. In the U.S. criminal justice system, with its emphasis on restorative justice principles, legal instruments such as the Juvenile Justice and Delinquency Prevention Act, Federal Sentencing Guidelines, and landmark Supreme Court rulings—most notably Miller v. Alabama—have formally recognized the mitigating effect of ACEs on criminal responsibility and sentencing.

Conversely, the Iranian criminal justice system, despite having legal provisions that allow consideration of individual circumstances—such as Articles 38 and 91 of the Islamic Penal Code and Article 203 of the Code of Criminal Procedure—lacks a coherent framework for evaluating childhood adversity. However, recent judicial decisions, including a notable verdict by Criminal Court Branch 101 in Fardis, indicate a gradual shift toward differentiated justice and consideration of defendants’ personal histories.

Ultimately, this research argues that Iran’s judiciary can take significant steps toward humanizing punishments and preventing recidivism by drawing on the United States’ successful experiences—particularly through legal reform and the development of clear executive guidelines
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