Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Accusation in US and Iranian Criminal Law and Its Impact on Jurisprudence with a Jurisprudential Approach

Document Type : .

Authors
1 Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran,
2 Department of Public and International Law, Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran
10.22034/ejs.2022.325226.1134
Abstract
Background and Aim: Accusation is one of the well-known approaches in the field of criminal law, which was first introduced in the United States and then has found a special place in the legal system. The purpose of the present study is to investigate the role of the charge transaction in the criminal law of Iran and the United States and its effect on adjudication, which is also pursued from a jurisprudential perspective.
Materials and Methods: The method of this study is descriptive-analytical and citing articles, books and related documents in the field of criminal and judicial law.
Findings: Proponents of the deal see the charge as a way to prosecute and reduce crime, while opponents see the consequences, including coercion, conviction of innocents, and lack of guarantees from offenders.
Ethical considerations: The present study has been written while preserving the rights of authors and observing the principles of writing ethics.
Conclusion: The lack of comprehensive laws in this area in the United States has led to challenges such as the conviction of innocents. But in the Iranian penal system, the existence of restorative justice capacities is a good opportunity to recognize the charge. Therefore, the prediction of this institution in the Iranian penal system, in addition to reducing the volume of cases and court costs, causes embarrassment to the defendant.
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