Document Type : Research/Original/Regular Article
Authors
1 Doctoral student of Women's Studies, Faculty of Humanities, Tarbiat Modares University, Tehran, Iran
2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran
3 Associate Professor, Department of Family Law, Family Research Institute, Shahid Beheshti University, Tehran, Iran
Abstract
According to empirical studies, the process of investigation and traditional and retributirism magisterial decisions have not been effective in finding the appropriate answer and reducing the inflation of domestic violence cases despite its high costs; Since the point of view of the above-mentioned criminal justice system has been only to deal with the substantive issues of the lawsuits and apply the rule to them. Attempts to solve this problem and apply alternative views had to the proposal of a new approach under the title of problem solving with components such as rethinking the role of the judge in many countries under the common law system. The current research deals with two main issues through the aforementioned approach: First, what is the evolution of the judge's role in problem solving approach? And second, to what extent have the effects of this evolution been recognized in Iran's legal system? To answer them, the method of content analysis of legal documents and documents, including judicial cases (15 samples) in the summer of 1401, was used in the Justice Complex of Razavi Khorasan province. Also13 hearings were also observed and investigate the attitude of criminal justice authorities, 30 judicial activists and lawyers and a number of victims interviewed using the in-depth interview method. The findings of the research showed that in the approach of problem solving, in the criminal justice system of Iran, the judicial procedure of some judges, although unknowingly and unsystematically, has the characteristics of problem solving with different degrees
Keywords
- problem-oriented judge
- domestic violence resolution court
- Iran'
- s judicial system
- defendant'
- s responsibility
Main Subjects
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