Document Type : Research Paper

Authors

1 PhD Student in Criminal Law and Criminology, Allameh Tabataba'i University, Tehran Iran

2 Assistant Professor, Department of Criminal Law and Criminology, Shahed University, Tehran, Iran

3 PhD Student in Criminal Law and Criminology, Tarbiat Modares University, Tehran, IRAN

Abstract

The present study has answered the this question: How and on what initiative do judges provide the context for the application of restorative programs in juvenile criminal courts? Restorative interpretations of legal provisions such as referral to mediation in all Ta'zirat offenses, weakening of the constituent elements of the crime, use of the legal capacity of a conditional or suspended pardon, and obtaining the plaintiff's consent after the announcement of the end of the proceedings and before the verdict; are Judicial initiatives. Also, the replacement of similar institutions with unimpeded legal establishments such as the establishment of the Peace Council and the social work unit, the referral of mediation to counter with closed- case policy _to believe the number of closed case as the criterion for the efficiency of judicial system instead of quality of decision making_ and the cooperation with the lawyers of the Association for the Protection of Children's Rights to solve the problems caused by the undesirable quality of defense lawyers are structural initiatives to avoid obstacles.

Keywords

Abolmaali, Khadijeh (2012), Qualitative research from theory to practice, 1st edition, Tehran, science Pub. [in Persian]
Abbaszadeh, Mohammad (2012), “Validity and reliability in qualitative researches”, Journal of Applied Sociology, Volume 23, Number 1 (45(. [in Persian]
Azizi, Ali and Fouladgar, Fariba (2017), “Problem Solving Courts (PSC) and their Restorative Aspects”, In: Article Collection of International Conference on Restorative Justice and Crime Prevention, Under the Supervision: Mohammad Farajiha, Tehran: Mizan Pub. [in Persian]
Azkia, Kayhan and et al (2012), Qualitative Research Methods from Theory to Practice, Vol. 1, Tehran: Kayhan Pub. [in Persian]
Barbour, Rosaline S. & David L. Morgan. (2017). A New Era in Focus Group Research, London, Palgrave Macmillan UK.
Bodenheimer, Edgar. (1974). Jurisprudence: The Philosophy and Method of the Law, Harvard University Press (Review Edition).
Breen, Rosanna L. (2007). “A Practical Guide to Focus-Group Research”, Journal of Geography in Higher Education. Vol. 30. Issue 3.
Duxbury, Neil. (1995). Patterns of American Jurisprudence, Oxford University Press.
Farole, Donald, Michael Rempel, & Francine Byrne. (2004). “Collaborative Justice in Conventional Courts: Opportunities and Barriers”, NY Center for Court Innovation.
Flick, Uwe (2018), An Introduction to Qualitative Research, Translate by Hadi Jalili, 10th Edition, Tehran, Ney Publishing. [in Persian]
Gharib, Rokhsareh and Janipour, Mojtaba (2017), “Comparative Study on Scope and Criteria of Criminal Mediation in Law of Iran Britain and Belgium”, A Biannual Criminal Law Research, Vol. 8, No. 1, (Serial 15). [in Persian]
Gholami, Hossein (2013), “Models or Types of Juvenile Criminal Justice”, Criminal Law Doctrines, Vol. 6. [in Persian]
Ghorbani, Mahdokht (2014), Application of Focus Groups in Research, Social Science Month Book, No. 74. [in Persian]
Hegde, Dinesh S. (2015). Essays on Research Methodology, Springer India.
Parker, Andrew & Jonathan Tritter. (2007). “Focus group method and methodology: current practice and and recent debate”, International Journal of Research & Method in Education. Vol. 29.
Kamali, Alireza and Hoseini, Ensieh (2017), “Differential Juvenile Justice in Criminal Procedure Act 1392”, A Biannual Journal Criminal Law Research, Volume:7 Issue: 2. [in Persian]
Kamberelis, George & Dimitriadis, Greg. (2014). Focus Group Research h: Retrospect and Prospect, In: The Oxford Handbook of Qualitative Research, Patricia Leavy (Ed), Oxford University Press.
Karamolahi, Nematolah and Aghasi, Mohammad (2012), “A Review of Female Students Trends to Veiled and Unveiled”, Quarterly Journal of Social Studies and Research in Iran, Volume 1, Issue 2. [in Persian]
Khajenuri, Jasmine (2007), “Iran's judicial policies towards delinquent children: Demonstrations, challenges and effects”, Prevention of Crime Studies Journal, Vol. 1386, Issue 4. [in Persian]
Mirhosseini, Z.; Larijani, M. (2018). “Identifying the Context of Designing a Model for Successful Social Integration of Offender Women: A Grounded Theory Approach”, Women in Development & Politics, 16 (1), [in Persian]
Mirmajidi, Sepideh; gholamloo, Jamshid (2019), “The legitimate scope for applying judicial discretion in the light of the rule of law (Case study of illegal sexual relationship)”, Criminal law and Criminology Studies; 48 (2): pp. 447-471. [in Persian]
Najafi Aberandabadi, Ali Hossein (2003), Lectures on Restorative Justice, Master's course of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University. [in Persian]
Niyazpour, Amirhassan (2010), “Iran's criminal justice responses to juvenile delinquency”, Prevention of Crime Studies Journal, Vol. 1389, Issue 14. [in Persian]
Omidi, Jalil and et al (2018), “The Justified Foundations of Court-Appointed Lawyering and an Evaluation of the Performance of Court-Appointed Counsels in Defense of Poor Accused in Drug-Related Cases (Case Study of Kashan City)”, Criminal Law and Criminology Studies, Vol. 48, No. 1  [in Persian]
Powell, Ronald R. (2000), Basic Research Methods for Librarians, Translated by Najla Hariri, Tehran, Islamic Azad University. [in Persian]
Rahiminejad, Esmaeil and Kawoosi khassraghi, Parizad (2017), “Study of Restrictors of using the restorative justice program in juvenile justice, with emphasis on the Iran’s legal system”,
 In: Article Collection of International Conference on Restorative Justice and Crime Prevention, Under the supervision: Mohammad Farajiha, Tehran: Mizan Pub. [in Persian]
Sanei’, Seyyed Hassan (2009), Research Techniques: Questionnaire, Tehran: Andishmand Pub. [in Persian]
Zehr, Howard (2011), The Little Book of Restorative Justice, Translate by Hossein Gholami, 3rd Edietion, Tehran, Majd Pub. [in Persian]