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2016-12-12 · Judicial review is legally defined as a process used by courts to review or challenge the lawfulness of an administrative action made by a public body.[1]

20/01/2000 · Judicial Review on the Offensive ..

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16/11/2014 · For male homosexuals, it involves not only the use of ..
Kristin Davidoff argued that transgender women who enter the sex work industry may do so as a result of discrimination on systemic, institutional, and interpersonal levels. A review of the literature was punctuated by quotes from previous qualitative research that were used to share the experiences of transgender women through their own voices and perspectives. Major findings of the two known studies that concentrate on transgender sex workers exclusively without looking at HIV/AIDS describe how some trans-identified people turn to sex work as a “last resort” due to discrimination experienced in other workplaces (Nadal et al., 2012; Sausa, Keatley, & Operario, 2007). Once involved in the criminal justice system, research suggested two main areas where LGBT-identified people may experience discrimination: with law enforcement officers and within the prison system. Discrimination within the criminal justice system served as a prime example of the larger systemic issue of viewing gender as binary, and recommendations for policy and prevention were discussed.

Judicial Review Flashcards | Quizlet

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Individuals may appeal sentences of death. The Supreme Court has review authority over some cases, including appeals of the death penalty. In general, individuals may appeal death sentences to the courts of appeal, but the courts of appeal may not exercise meaningful review, particularly in cases involving capital sentences for political dissidence. The Supreme Court has overturned capital convictions in at least some cases that lacked evidence to support a murder conviction.

Iran’s government has stated before the UN: “Anyone sentenced to death has the right to appeal to a court of higher jurisdiction, including the Supreme Court. According to article 473 of the Penal Procedure Law, the verdicts of penal courts are enforced in the following cases: (a) If no protest or appeal has been made within the legal time limit (the time limit is 30 days from the date of issuance of the court verdict); (b) If the verdict is confirmed by the Supreme Court; (c) In those cases where the request for appeal has been rejected or the appeal has been rejected in a final judgement [sic].”

Despite this official statement, there is no right of appeal from decisions of the Revolutionary Courts, which hear most death penalty cases and adjudicate drug trafficking cases --which accounted for 76% of executions in 2012. Furthermore, the Anti-Narcotics Law stipulates that individuals sentenced to death for drug crimes do not have the right to appeal. Advocates report that defendants have been executed while their appeals were under review.

 

LGBT issues in the criminal justice system - APA Divisions


Consensual Sexual Relations Between Adults of Same Sex.
Individuals have been executed for homosexual acts in recent years. Iranian authorities acknowledge executing individuals for unspecified crimes related to sexual mores. In 2010, 1% of executions were for “immoral acts.” Note that 9% of executions in 2010 were for rape, and in the past human rights groups have expressed suspicion that Iran uses rape charges as a “smokescreen to justify killing homosexuals.”


Yes. Offenses carrying qisas penalties (claims of kin for blood or similar harm), such as murder, carry mandatory penalties as claims from which only kin of the victim can release the offender. The possibility of reduction lies with payment of diyat—blood money—to the victim’s kin, and neither the discretion of courts nor the pardon of the executive is permitted. When an offender is convicted of a qisas crime, the death penalty is mandatory because there is no judicial discretion to mete out a lesser sentence. On occasion, families of the victim carry out the execution as part of the penalty.

Offenses carrying huddud penalties (claims of God), such as adultery or blasphemy, carry mandatory penalties as claims from which only God can release the offender. Thus, the possibility of reduction lies neither with courts nor any affected individual (such as a spouse in the case of adultery) but instead with the Supreme Leader upon the advice of a judge—and there only in very limited cases. We therefore consider that this is a non-discretionary, mandatory penalty. Repeat offenders are sentenced to death on the fourth occasion that they are convicted of a hadd offense that does not otherwise call for the death penalty.

Offenses punishable under tazir, such as drug offenses, are punishable by death but need not carry the mandatory death penalty, so a mandatory death penalty in these cases should arise from statutory language that leaves no room for judicial discretion in sentencing. The mandatory nature of the death penalty for tazir crimes could also be indicated by guidelines of the Amnesty and Pardon Commission of the Judiciary ruling that leniency is prohibited, which suggests that the penalty is also mandatory at sentencing.


Democracy and judicial review discussion

Other Offenses Not Resulting in Death.
- Prohibited sexual relations. Incestuous relations are punished by death. In addition, non-Muslim males who have extramarital sexual relations with Muslim women and men who fornicate with their step-mother will be subject to the death penalty. A non-Muslim active party in homosexual sodomy is also subject to the death penalty under Article 224 of the amended Islamic Penal Code.

- Fornication. The offense of zina (consensual or non-consensual illicit heterosexual vaginal or anal sex) is broader than adultery. Fornication is punishable by death upon multiple recidivism as a huddud offense.

- Recidivist false accusation of capital sexual offenses. Article 121 of the Islamic Penal Code provides that recidivist false accusers of capital sexual offense shall be subject to the death penalty.

- Other offenses against sexual mores. Offenses such as publishing pornography or using pornographic materials to solicit sex are punishable by death under Articles 3 and 4 of the Law for the Punishment of Persons with Unauthorized Activities in Audio-Visual Operations of 2008.

- Political crimes. Under article 286 and 287 of the Islamic Penal Code, political dissent can be punished by death as “rebellion” and “corruption on earth.”

- Recidivist consumption of alcoholic beverages. Under article 179 of the Islamic Penal Code drinking is punishable by death upon multiple recidivism.

- Producing or preparing food, drink, cosmetics or sanitary items that lead to death when consumed or used.

- Blasphemy. The Press Code of 1985 prescribes the death penalty for blasphemy against the Prophet.

Opinion & Reviews - Wall Street Journal

Consensual Sexual Relations Between Adults of Same Sex.
Homosexual sodomy carries the death penalty for the passive party under Article 224 of the Islamic Penal Code. The active party can only be punished by death if he is married and forced the sexual act. A non-Muslim active party in homosexual sodomy is also subject to the death penalty under Article 224 of the Islamic Penal Code. Lesbianism is punishable by death if the offender is sentenced and received a lashing on three previous occasions for the same crime.