The Challenge of Justice and Efficiency in the Discourse of the Criminal Managerialism with Emphasis on the Law of Iran

Document Type : Original Article

Authors

1 (A PhD student of Criminal Law & Criminology)

2 (Associate professor at Tarbiat Modares University)

Abstract

Criminal justice systems are complicated systematized structures with goals and multiple applications which they have been confronted with profound challenges in recent decades. These challenges are results of inefficiency, the enormous expense and a lengthy criminal procedure from one side and from the other side they are resulted from the crisis of the legitimacy and the public’s distrust to the criminal-justice institutions. The manageraialism is a modern mechanism to reply these problems in the public services with carrying out the methods of the private sections emphasizing on teachings of the customer orientation, assessing and performance management, passing clear performance standards and etc. It is scheduled considerable and fundamental reforms in making decisions and criminal-justice policing. But deep looking to the consequences and the manifestations of the manageraialism indicates the considerable theoretical and practical challenges in the area of the criminal interferences. One of these challenges is the challenge of the criminal justice and the efficiency. The aim of this paper is to draw the theoretical and practical dimension of the aforementioned challenge in the judicial systems with relying on the method of the documentary analysis and the present legal rules. The outcomes show that placing emphasis on the consequences, adjudged orientation and statisticalism which are the most prominent signs of the efficiency. Although it is leaded to increase the ended criminal cases apparently, the enhancement of accuracy and quality in the judicial enquiry has not been achieved.
 

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