Advances in Environmental Biology Najmeh Shahrani Korani

Advances in Environmental Biology, 8(1) January 2014, Pages: 120-126
AENSI Journals
Advances in Environmental Biology
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Investigating the Formation Fields of Security Approaches Based on Cognitive Offense
Najmeh Shahrani Korani
Department of Law, Arak Branch, Islamic Azad University, Arak, Iran
ARTICLE INFO
Article history:
Received 12 October 2013
Received in revised form 18
December 2013
Accepted 29 December 2013
Available online 25 February 2014
Key words:
Expansion Delinquency
faces crime, Fear of crime,
Senseinsecurity.
ABSTRACT
Sudden increase crime in the final years 1960s performance thought correction and
treatment and prevention of perpetration crime that for many years was dominant
approach on the criminal policy of the Western countries faced with serious doubts.
Hence followed being solution for delinquency problem knowledge Criminology that
does scientific review criminal phenomena and factors affecting in their occurrence
with the increase significant delinquency, with concerns about the security of lives and
property citizens and declare defeat Thought Reform and the treatment of offenders
return to Courses pivotal crime criminal law, knew solution the mystery crime and with
adoption approach security, at crime control process the pattern of his work placed
concerns arrest, prosecute and punish the guilty. Adoption security-oriented approaches
than crime and repressive policies it is rooted in several factors. Increased delinquency
and diversity of its alleged effects with difficulty detecting crime and identify their
perpetrators which arises from the complexity of the observer to style committing to it
and their organized, alongside magnified and exaggerated media in the field rate of
crimes committed that self makes the increased fear of crime and sense of insecurity in
society are the main areas of risk approaches based security Criminology. So study
contexts and fields of formation criminology Security according to human rights
challenges governance this approach on crime control policies is subject of this paper.
© 2014 AENSI Publisher All rights reserved.
To Cite This Article: Najmeh Shahrani Korani., Investigating the Formation Fields of Security Approaches Based on Cognitive Offense.
Adv. Environ. Biol., 8(1), 120-126, 2014
INTRODUCTION
Developments the first decade third Millennium in the world wave of the feeling of insecurity there will in
the cosmos. This feeling of insecurity will start for adoption unprecedented measures harsh and oppressive that
was achieved in motto campaign against crime and voice of establishment of security [1]. In such
circumstances, the governments to provide security for persons and property against criminals and violators of
the law made use of coercive force and non-coercive [2]. In this regard prevention system and penal system as
the main tool of governments were used to realize the required security. Thus the in the field of criminology that
main focus dominant theorizing that is etiology of crime on effect increased crime in the twentieth century we
are seeing formation of new ideas that their nature is quite security [3]. New perspective instead of doing to
discussion and analysis of crime and the causes of its formation concerned with securing the lives and property
of citizens, especially the most vulnerable citizens safe and potential victimization, its focus on high risk groups
of offenders who are more likely to repeat their crimes. Therefore, new approaches are sought to increase public
safety through the criminal and non-criminal offender’s debilitation [1]. Therefore, project ideas and debilitating
axis control circuit security criminology field, deviating from the approach to reform - educational, clinical,
cognitive theories of crime helped to provide and resorting to repressive agenda-driven security approaches
were working.
Approaches based security Criminology is the result of the factors and contexts that have emerged from the
1970s onwards in different countries. Spread of crime and delinquency, coupled with the emergence of new
faces violent methods, systematic and organized in committing and it causes them to absorb the news media in
the reflection. From this date, the media had a greater propensity to crime coverage [4]. The news was a major
factor in changing the approach to appeal to audience’s crime news media. Gradually, the issue was outside the
scope of the crime and the criminal justice field who were qualified to provide expert opinion and reporters and
Corresponding Author: Najmeh Shahrani Korani, Department of Law, Arak Branch, Islamic Azad University, Arak, Iran.
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Advances in Environmental Biology, 8(1) January 2014, Pages: 120-126
the media also became one of the major sources of public information. Magnified and exaggerated in the media
to provide the degree crimes creates anxiety and insecurity for the citizens.
Feelings of insecurity requires application security and security of citizens in government increases and as
governments respond to citizens' requests, usually to get rid of the pressure of public opinion - albeit short term the choice of resorting to coercive measures and safety are central to the through the law, and sometimes even
illegal as they seek to bring order and security. Thus the spread of crime and increase crime statistics and,
therefore, the incidence of insecurity leads to states that no relief against the wishes of the citizens, their
reactions to the on the one hand, on the other hand, aggravated criminal justice summarily is manifested. These
factors, along with other factors such as elected judges and their orientation with respect to the placement of
judicial and public demands lack of awareness of the realities of crime and justice in criminal hands and cause
the formation and appearance -based approach to providing security. Therefore, the formation of Criminology
security context, according to the government’s approach to human rights challenges of crime control policies is
the subject of this paper.
MATERIALS AND METHODS
Expansion of delinquency:
Imagine a society free of crime and delinquency, imagined urban ideal is unattainable; so that sociologists
who explicitly or implicitly on the "normal" mass of stress. This category describes the failure of crime
prevention practices that, mass phenomenon "normal" and even for social functions as well as in human society,
and thus give (Changing morality , on the one hand and the possibility of detection sanctions, other) the prospect
of achieving a society free of crime unrealistic to draw. For example, Durkheim believed that crime in all places
and times throughout history there has human, in spite of the severe punishment has not been able to contain it.
So there was a mass social function. However, Durkheim, crime is not glorified and verification, but also in
terms of its universality in all societies, the functions for which the community is considered [5].
Phenomenon of delinquency and how to control it, including issues that have long concerned governments
and the diversity of schools with different strategies to curb this criminal phenomenon and as a continuation of
this theory are the rest of the story. But, despite all the solutions that are offered by various schools of criminal
law, governments sometimes spread to the delinquency of a vaccine to resort to measures that they represent the
legal and human rights considerations in dealing with crime and security support troublesome and so they
pretend to effectively combat the guilty should be spared some of the standards are so defensive of the rights of
the accused. Rising crime statistics and problems related to the discovery of the crime criminals take advantage
of advanced tools on the complexity of crime and the ways crime including those that are considered as the
suspension in order to justify recourse to the security-oriented approach. In other words, the emergence of new
forms of delinquency, crime, and new tools of information and communication technologies on the one hand,
has led to a rise in crime. On the other hand, qualitative transformation of crime in the community, so it would
have led to increasing demands in the field of security [6]. Therefore, people are looking to increase the
demands on regarding the issue of crime and security regime in order to justify recourse to the security -oriented
approach has tried to change the public perception towards the issue of crime and prioritize security strategy
mere criminal and draconian measures against the quantitative and qualitative changes measured in response to
perceived criminality.
From about the early 1990s, the overall crime rate has dropped. From 1991 to 1998, rates of robbery,
murder and rape were significantly reduced but still these events, coupled with the extreme emphasis politicians
causes the continuation of insecurity due to some controversial crimes such as murders and mass media
coverage so that despite declining crime rates, people thought that crime is increasing day by day and fear of
crime was pervades all aspects of their lives. So the result is that what led to the revision of the legal regulations
aimed at safety orientation is not it wonderful delinquency rates increase. Generally - Who may not even have
any statistical basis and not based on scientific study and expertise - diversity and the emergence of new faces,
but the crime has been committed with the organization of violence and insecurity in society is the result.
Advent of new faces charges:
Crime is a serious threat to security and peace. Today, in addition to traditional threats against security
threats, such as a new form of organized crime, corruption and terrorism has emerged, as governments are,
however powerful, cannot deal with it. In other words, today, with the emergence of new forms of crime, in
particular types of terrorist offenses and organized crime, criminal law and criminal offenses dealing with the
new generation. Governments to combat such crimes to some extent deviate from the principles of fair trial and
like the principle of equality of arms and an open trial and on some crimes; the evidence of guilt is replaced by
the presumption of innocence. On the other hand, refers to the fundamental principles of human dignity in the
UN Charter and conventions and domestic law, human rights and freedoms guaranteed minimum. Among the
criminal acts committed, more than other crimes, Homeland Security has challenged, and governments to deal
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effectively with it, security-oriented approach, especially with respect to threats and violations of fundamental
rights and the principles of human rights have taken, transnational Organized Crime and Terrorism their
attention more than others. So in this section will be on transnational organized crime, drug trafficking and
money laundering offenses as the most striking aspects of Transnational Organized Crime as security approach
centered.
Transnational organized crime:
Transnational Organized Crime is one of the major challenges of the XXI century. Organized crime, a
"crime engineered" and "structured" criminal syndicate that runs the in the analysis of the new strategy as one of
the security threats to be addressed [7]. Thus, aside from resorting to bilateral or multilateral cooperation,
governments in order to deal with this phenomenon in its own domestic legislation to make modifications to the
through these reforms, some of the rights of defense of the accused in the proceedings, in order to deal
effectively with the perpetrators of transnational organized crime and neglect sparks can be seen from the
convergence of security; the most obvious manifestation of such an approach should be altered to accept the
presumption of innocence and guilt to search. It also accused of depriving organized crime some of the rights
recognized defendant as denial of assistance and advice to attorney’s time after the arrest, detention and court
proceedings and specific references to other aspects of security -oriented approach on how to deal with these
defendants. While the right to counsel at the preliminary investigation and the necessary and legitimate activities
in defense of his client's rights, particularly during interrogations is essential to ensure to protect the rights and
freedoms of the individual and the right of defense to prevent disruption. Preliminary investigations lead
attorney in balance and achieve "equality of arms" in criminal proceedings [8].
Also, it should be noted that this issue the accuser’s right to counsel in a criminal process in terms of
cognitive offense "doctrine of Clinical Criminology" is based. Based on the teachings of cognitive offense, the
lawyer - as a tool for criminal justice - along with recreational and social values to misdemeanor defendants
norms trained workers, resulting in correcting and training to be them. Defendants' right to a fair trial and the
rights of the defense counsel of the most striking effects is considered. Because it lead attorney in the criminal
process to reduce errors and increase access to justice is justice [9]. The security-oriented measures, the
evidence of the superiority of guilt, denial of assistance to attorneys and etc more easily adopted and applied at
the local level, while success in dealing with the perpetrators of these crimes to the transnational dimension
depends on mutual cooperation and multilateral countries. In this section and in order to better analyze the issue
during future discussions, crime, money laundering and drug trafficking as some of the key figures in the
organized crime, they highlighted the transnational effects is yet to be reviewed, they will be more securityoriented approach.
Money Laundering:
Money laundering is the newest most dangerous offenses committed by organized crime figures, especially
in the transnational level power to remove face paint and glaze the legitimacy of the economy has to the device,
and provide a way to change the character of the rule of law [10]. According to a special report by the Group of
seven industrialized nations was formed to investigate legitimate money laundering drug traffickers in America
and Europe per minute 155/232 dollars, which everyone should be entitled to money laundering [11]. In the new
approach, prioritizing the effective administration of criminal justice systems and the focus of the system are not
the social return to the perpetrator, but "Increase factor" social security by disabling some of the most risky
offender’s spectrum. In this approach, the historical significance of such a dangerous state has revived the first
realization was proposed by the school. Thus, the recall of the dangerous state of the collective group has
created a profound transformation in the relationship between the concept and with individual fade to overlay it
on the field has created a new context [12]. After the Mass demographic perspective, relative to a particular
class of defendants who are convicted of money laundering could be in that category, an approach has been
considered in the differential. In another look, do not look identical to all defendants. They are grouped and for
each of these categories, specific measures are taken.
But the second category are considered in this discussion organized criminals punished who did not have
any effect on the breeding, because this category of offenders themselves have grown up healthy and therapeutic
strategies or tolerance for them is pointless. These two kinds: first, the group financial crime such as money
laundering and drug trafficking is huge. Trafficking, money laundering and organized by its members and
supporters, as criminal actors, the borders and transnational has aspects of their behavior. They truly are the
major international actors who are known to everyone within the state. The second category is terrorists. These
are the top offenders fit the mission and purpose of criminal law is flouted. Thus, the crime of terrorism,
organized crime, particularly money laundering and trafficking to the "Unholy Trinity" did have language [13],
they have created a cycle that will support each other, so that the valve has been increased concern of
government and it has led to the repressive approach towards security and terrorist offenses and money
laundering. Alarm decline and gradual approach and extend it to other criminal defendants' constitutional rights
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to have a voice in toward priority under the pretext of security and the protection of society is to protect the
defendant's rights.
With the adoption process, little by little we are moving closer to an era that not only crimes such as money
laundering and terrorist crimes, but the statistics speak for all crimes culpability skirt is stuck If the few
remaining rights of the defense for the accused to be wiped out! Over two or three decades, it can be affirmed
this fact. Processes that may smoke in the not too distant future, the eyes go all defendants, regardless of their
particular class. The fact of the matter is that poetry, those involved in the judicial, executive and legislative
duty and fight crime have failed and backward, therefore, the vacuum caused by the retardation of the way "
shortcut " to compensate for the damage and loss to the weakest of the Criminal defendants to buy life [14].
Narcotics trafficking:
The use of drugs and narcotics in all countries has a long history, but what this phenomenon, a phenomenon
threatening national security, and international factors affecting mental health, physical and moral man made, it
trafficking, international business development and improper application of it in the world. International sales of
the drugs are the most profitable trade in arms and ammunition worldwide. The United Nations has estimated
that 400 to 600 billion dollars of net profit of the business. In the eyes of the international community, narcotics
and psychotropic drugs next Tuesday another crisis (nuclear, demographic and environmental) that threatens the
world in the present century. On the other hand, working capital in the field of view on the world of business, it
ranks after oil and arms put round the world [15]. Drug trafficking has led the government in the dream with this
criminal phenomenon known to adopt different measures of criminal policy of a double committed to the
organization on the one hand, and trafficking of drugs and the dangers to community revenues and profitability,
and adverse effects due to its high concentration of income in the hands of the perpetrators of these crimes - In
some cases, the security and existence of the state's major drug gangs are in jeopardy - on the other hand, some
authors have interpreted the Code of Criminal Procedure, mention must be made of "Differential Criminal
Procedure" the perpetrators of these crimes [16].
Should be noted that although terrorism is a crime against humanity and it occurs mostly against innocent
civilians, however, some states have violated human rights and fundamental freedoms by persons and
combating terrorism is justified. Fact that the insecurity caused by the developments in the first decade of the
third millennium, the world has led to legislation that human rights of victims of domestic legislation making
largely by the distance from citizen-centered approach towards security-oriented perspective. If the severity of
the charges, the extent and severity of the acts committed crimes can never be regarded as a justification for the
inhumane treatment of the accused and as Ben Franklin is acknowledged, then followed that with the
withdrawal of liberty for neither temporary security, not to preserve freedom nor security. In each figure, the
most significant impact on terrorist acts in society reveals itself in the form of fear and insecurity. Fear and
insecurity, especially in the absence of serious and dangerous offenses will be affected, as it is in other respects
a rule-based approach to legal security. This issue in detail in the next issue will be examined.
Terrorist Events:
As the emergence of a background check for security-oriented approach, we can safely say impact of any
criminal actions as terrorism and the impact it. Nature is not a terrorist crime developed in the context of the
evolution of time, unlike other crimes, the size and characteristics of the light is static; terrorist incidents
perpetrated primarily motivated by political or ideological find [17]. Terrorism as a political crime, there is not
yet a clear demarcation with other titles criminal the main problem in identifying the origin of this phenomenon
is the concept of terrorism is political, not legal [18]. Terrorism is the result of political changes, but for the
backlash. Terrorism as a theoretical school of realism or idealism and religious ideologies like fascism and
communism, but it is a strategy or a tactical tool for attacks and threats [19]. Although terrorism is at odds with
human rights, but some governments are justified in fighting terrorism and securing human rights violations to
adopt an approach based security. Terrorism is a long time, and consequently counter-terrorism, national borders
are crisscrossed. The terrorist events of September 11, 2001 caused the counterterrorism governments benefit
from the breadth and intensity unprecedented as it is sometimes thought that the fight to crush the terrorists and
their supporters.
Fear of crime and increase feelings of insecurity:
Crime and anti-social behavior is one of the factors destabilizing social and anti-social behavior and public
safety organizations at the local level. Especially when a wide range of public opinion to frighten, criminals
exist in society not only endangers Social Security, but it threatens the power of the community. Open insecurity
and fear of crime provides for its citizens and reduce frustrate the public's sense of security in this context;
security is becoming a popular commodity. Open insecurity is one of the areas emergences of rule-based
security approach, including ignoring the legal and human rights considerations in order to ensure security of
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supply. Overall, the most important need of the society, its security and its people whether a clan or tribe, or a
nation or country the most important political unit in the internal and external relationships [20].
Survey of 800 randomly selected newspapers has shown more than half of the subjects in relation to violent
crime, and in half of these violent crimes, murders had occurred. This does not conform to international reality.
Only 11 percent of all violent crime offenses were reported in less than one percent of all crimes and murders
have been reported. Therefore, the main focus of the media on violent crimes of murder and sexual crimes is
also relying on [21]. Most of the volume of media content, especially the yellow press is allocated to mention
the "accidents and adverse events" such as murder, rape, kidnapping, abuse, corruption and crime. Such
publications of the people in the streets to a huge audience for your hands and feet with an emphasis on real
emotions and evoke both a sense of wonder and tension in the audience, so that we can say these publications
except create mission of insecurity, doubt and mistrust are not the target audience [22].
Thus, the frequent publication of such news in the papers laid on people's minds and it is effect and
strengthens the feeling of insecurity at the community level. Emotional rather than based on the facts, the media
is rooted in intrigues. Media coverage tends to attract more viewers and thus more sales, events exciting,
daunting and is attractive. In any form, media practices to increase public awareness about crime and this
method is very poor and the very rich data on mass creation of insight and understanding to the ways of crime
and its control [23]. It should be kept in mind that in this way the news media, not only the fact that the offense
is great and unusual effects, but also to distort. The purpose of this distortion is too much emphasis on sexual
and violent crimes so that leads to a false fear among potential victims of such crimes, namely women and
children.
On this basis, the media are often accused of misrepresenting the exaggerated threat of crime and on the
other hand, overemphasis on risk offense leads to increased political support for measures to resolve the crisis of
authority to resort crime and Security realistic approach [23]. Terms of use labels such as "thugs, criminals and
record" and the like refer to the perpetrators of crimes in recent years; it is represented as a change in mental
attitude and attempts to introduce a mass segment of the population as dangerous. Thus we can say that the fear
of crime raises demand for retribution or punishment of criminals. Issue that is likely to cause, it is an increase
in negative attitudes towards risks of victimization. That is alarmed by the rising level of victimization such
people believe that punishment can be an important factor for the prevention and removal of criminal
phenomenon [24]. The public demand for the return of the severe punishments that were previously "human
movement trajectories of criminal justice" seeks stylized, modify or remove it [25]. However, fear of crime has
an impact on the field of criminal policies and criminal laws intense and increased fear of crime can trigger legal
proceedings, including the proceedings and impose penalties. In the meantime, the axis control solutions and
debilitating as it enjoys the support of the people is due to boast of the state's power and influence in reducing
the fear of crime can have. Obviously, this kind of negative impact of fear of crime on the field of criminal
policy, it will pave the way for a return to retribution and acceptance of the safety-oriented and purely
repressive.
RESULTS AND DISCUSION
Today has been a completely new model of the way the security and crime control under cover of the war
on terrorism or the fight against organized crime, the employing new words or phrases such as enemy
combatant, merchant of death and so on. This new pattern of borrowing elements of warfare, the militarization
of society and rule-oriented approach is based security; this means putting aside the human rights guaranteed to
criminal defendants and convicts and threaten individual liberties enshrined in the international instruments.
Rule-based security approach has caused many reasons as any other approach. However, these reasons are not
consistent contribution to the formation and direction of the approach and its effects, but convergence of media
and political, economic, social and cognitive offense has led to formation approach based security as the
dominant approach in the field of crime control in modern societies as a basis for criminal policy in many
countries. Security centric approach has witnessed a growing trend, especially since the events of September
eleventh place in 2001 in the United States of America, and is also part of the terrorist acts in Europe and
elsewhere. Such an approach not only influence, the government legislative measures, but in many cases it has
been manifested in the form of subordinate legislation and law enforcement measures. Measures that have been
ignored not only by the standards of a fair criminal proceedings in certain aspects of combat crime, particularly
terrorism and crimes against national security, it has been legal for some defendants often ignoring human
dignity, human dignity and the rights of their acts.
Thus the result of the dominance of this approach on crime control policy is subject to change in the fight
against crime. This means that the fight for passage of the so-called war on crime policy is followed. In this
way, the struggle, the offender, the enemy. They apply the word War combat crime, creates the wrong attitude
in the fight against crime in addition, it ensures that the rights of the accused and convicted. In war one side
wins and the other side is defeated. But, in the fight against crime, there is no victory and defeat but is criminal
justice system to prevent crime and repeat. The enemy is not guilty of a citizen who is simply the wrong way
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and he should not be treated as an enemy alien. There is no doubt that modern societies contain and neutralize
organized crime and the offender's criminal austerity in particular, money laundering and drug trafficking and
the spread of crime, approach as a short cut, to prove and confront this crime, another result has brought to
communities that are achievements and teachings out understanding of the crime and to serve its original
purpose of making the content provided in the policies of the government. Because our time, according to
Professor Zhorzhika, offense has become a political issue not just as a social phenomenon. Theoretical approach
in which the associated social benefits, the social benefits and advantages over individual interests, he is a
differential approach towards offenders with endangering public security. Modern combat crime figures that it
was the solution to these controversial use defensive position perpetrators of these crimes as a strategy to
destabilize relative.
In this approach, the purpose and function of all elements of the criminal justice strict control aggravation
and to identify more offenders and those at risk. As a result, concerns about security and overtakes on a
guarantee of freedom and justice. In this model, where human rights violations or even are adjusted. In this
approach, the human being is seen as justified by the objective of securing the arrest and punishment of innocent
individuals. However, humans being mere humans, a series of fundamental human rights and does not enjoy any
human rights free zone in the world. Today, the principle of respect for human rights and fundamental freedoms
are among the best examples of jus cogent norms of international law, as due to the existence of human talent,
the power of thought and will and divine whiff of prestige and has an inherent dignity and human rights that are
derived due to the dignity of human nature. Even in order to secure the rights that should not be overlooked.
However, governments often justified based security approach, and threatening its security reference.
Throughout history, the struggle between security and freedom, the freedom of the individual is sacrificed to
provide security. The real and lasting security without regard to individual freedom would be meaningless. The
right to security in the protection of human rights should not be realized at the cost of ignoring human rights.
The right to security of human rights as stipulated in Article 3 of the Universal declaration of Human Rights,
adopted in December 1948 in the tenth. Also, restrictions or other social threat will lead to the violation of
individual rights and freedoms if one day the human rights violations by state agents, was deemed to be unsafe,
today is justified by the idea of forgoing the right to security in the face of rising crime. This conflict is further
highlighted in recent decades in the field of criminology. In the field of criminology is also concerned with
securing the lives and property of citizens is the basis of new movements such as the estimated justice, new
criminology and penology particularly vulnerable citizens safe and potential victims. Criminology is based
security approaches in recent years the scientific basis for at least a dual strategy of differentiation and criminal
policy based on the typology of offenders and offenses. Its main purpose is to put control of chronic offenders
and recidivism dangerous people with a criminal offense control mechanisms of exclusion and cognitive
capacity and crime prevention measures to ensure the internal security situation.
Thus, in the twenty-first century, some criminologists have focused their empirical studies on various
aspects of internal security states alone, and has recently partnered with a private police are in a position to
provide it. Failure to seek remedies based theories, the approach to the patient's individual offender and the
victim believes that the personal and social circumstances, not he is the agent responsible and dangerous, so
conscious of his own free will, chose to commit a crime. We must also be prepared to accept the risk of
repeating his crime. This approach is limited only system to combat high-risk groups instead of struggling in
vain with all offenders, the criminal justice system to increase the efficiency and safety of the larger part of
society. In this approach, the risk assessment carried out, using tools such as the death of his disability, long
prison terms and etc will be forever ostracized from society. While the process is not criminal punishment as a
means to achieve goals will use such as maintaining order and security and had met him as a kind of mechanical
artifacts. If it means attitude to man the pleasures of his purpose will be lost. History shows that, when
communities, human rights, trade and security have been exchanged none of them have not often achieved. In
fact, these minorities are the defendants and offenders who have paid the price and transaction costs through its
human rights violations. So, far as respects the right to security that does not harm other people's rights. On the
pretext of security and the fight against crime cannot be ignored human dignity and rights derived from the
inherent dignity of the human person. Thus, the balance between security needs and rights of individual freedom
is always a guarantee of human rights in the fight against crime.
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