Plea Bargaining in Common Law and Similar Institutions in Criminal Procedure of Iran

Document Type : Research Paper

Author

Assistant professor of Shahr-e-Kord University

Abstract

Committing crimes as acting violate public order, cause public response in all societies and as soon as its detection, prosecutor as a representative of the public interest starts to prosecute the accused. In the meantime sometimes in criminal procedure of different countries, for protect some interests such as prevention of inflation of criminal cases, prevention of damages from prison to the perpetrators of minor crimes, satisfaction of victims, allocation resources of the criminal justice system to the serious crimes and Professional perpetrators and ..., create institutions that generate the discretion for prosecutor in the criminal prosecution. In common law, plea bargaining is a clear example of this expediency.The legislative history of our country indicates that criminal legislators exhibit tendency to respect interest in criminal procedure with providing suspension of prosecution. This approach in the new Code of Criminal Procedure Act, adopted in 2014with providing institutions like closing the case and suspension of prosecution is strengthened. Although, these institutions are differences to Anglo- American plea bargaining, in some ways, as the purpose and effect have similarities.

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References

1. Alschuler, Albert W. (1979), Plea bargaining and its history, Law and soc. Rew, No.13, pp.211-245.
2. Alschuler, Albert W. (1968), the prosecutors role in plea bargaining, U.Chi.L.Rew, No.36, pp.50-112.
3. Bibas, Stephanos (2004), Plea bargaining outside the shadow of trial, Harv.L.Rev, No.117, pp.2463-2547.
4. Bjerk, David (2005), making the crime fit the penalty: the role of prosecutorial discretion under mandatory minimum sentencing, J.L. & Econ., No.48, pp.591-625.
5. Black’s Law Dictionary, 2004.
6. Bowers, Josh (2008), Punishing the Innocent, U, and Pa. L. Rev.156.
62 دوره 3، شماره 1، بهار و تابستان 1395
7. Church, Tomas W. (1979), in defense of bargain justice, Law & Socy Rev, No.13, pp.509-525.
8. Cohen Stanley A. and Anthony N. Doob (1989-1990), Public attitudes to plea bargaining, crim, L.Q, No.32, pp.85-109.
9. Esterbrook, Frank H. (1983), Criminal procedure as a market system, J. legal stud. No.12, pp. 289-332.
10. Gifford Donald, g. (1983),
 
meaningful reform of plea bargaining: the control of prosecatorial discretion, university of Illinois law review, vol.37, pp.6-27.
11. Jackson, Robert h. (1940),
 
the federal prosecutor, inst. Crim, Law and criminology, No.31, pp.3-6.
12. Kellough, Gail and Scot Wortley (2002),
 
Remand for plea: bail decisions and plea bargaining as commensurate decisions, Brit.J.Criminology, No.42, pp.186-210.
13. Kobayashi, Bruce H and John R.Lott (1996),
 
in defense of criminal defense expenditures and plea bargaining, Intl Rev.L. & Econ., No.16, pp.397-416.
14. Kramer, Greg m. (2005), Plea bargaining recommendation by criminal defense attorneys: Legal psychological and substance abuse rehabilitative influences, a thesis of Drexel University.
15. Langbeing, john h. (1979),
 
Understanding the short history of plea bargaining, Law and sociology, rew, No.13, pp.261-272.
16. Oren gazal, ayal and limor riza (2009),
 
Plea bargaining and prosecution, European association of law and economics, working paper, No.013, pp.2-38.
17. Richman, Daniel C and William j Stuntz (2005),
 
Al capon’s revenge: an essay on the political economy of pretextual prosecution, Colm.L.Rev, No.105, pp.583-639.
18. Sanders, Andrew and Richard young (2007), Criminal justice, oxford, oxford university press.
19. Stuntz, William J. (2001),
 
the pathological politics of criminal law, Mich.L.Rev, No.100, pp.505-600.

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