Fundamentals of the Exclusionary Rule in the Iranian and American Law
Exclusionary rule has been accepted in different legal systems and has not been clearly accepted in Iranian legal system. this rule can be justified both on the basis of individualism thinking and in the idea of collectivism. In the first approach, the goal is to further protect the accused and guar...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2022-03-01
|
| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_14814_c8201ecc79a9aac8e6ca666c15daefa2.pdf |
| _version_ | 1797369103431761920 |
|---|---|
| author | Amir hossein Rahgosha Yousef Niknam Mehdi Hooshyar |
| author_facet | Amir hossein Rahgosha Yousef Niknam Mehdi Hooshyar |
| author_sort | Amir hossein Rahgosha |
| collection | DOAJ |
| description | Exclusionary rule has been accepted in different legal systems and has not been clearly accepted in Iranian legal system. this rule can be justified both on the basis of individualism thinking and in the idea of collectivism. In the first approach, the goal is to further protect the accused and guarantee his human and individual rights, in the second approach, the goal is to improve the quality of the trial and the performance of the judicial system. Studies show that the dominant approach in Iranian law, as well as in many other individualistic legal systems, has been the reason for the exclusionary rule. the changes that have taken place in the legal system have caused the ideological foundations of this rule to change and society to thinking be in the center of attention rather than the individual, which in turn raises the status of the judiciary and, in other words, increases legitimacy. This study was conducted with a comparative study in the USA and Iranian legal system and the result is the confirmation of the rise of both legal systems to collectivist thinking as the basis for identifying exclusionary rule and attention to social feedback on the performance of the judiciary. |
| first_indexed | 2024-03-08T17:41:55Z |
| format | Article |
| id | doaj.art-759637fd0a9d43628127a69d73a2d5ec |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:41:55Z |
| publishDate | 2022-03-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-759637fd0a9d43628127a69d73a2d5ec2024-01-02T10:56:51ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242022-03-01103813917210.22054/jclr.2021.59422.229514814Fundamentals of the Exclusionary Rule in the Iranian and American LawAmir hossein Rahgosha0Yousef Niknam1Mehdi Hooshyar2Faculty member of Law Department, Shiraz Branch, Islamic Azad University, Shiraz, Iran.PhD Student, Department of Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran.Faculty member of Law Department, Shiraz Branch, Islamic Azad University, Shiraz, Iran.Exclusionary rule has been accepted in different legal systems and has not been clearly accepted in Iranian legal system. this rule can be justified both on the basis of individualism thinking and in the idea of collectivism. In the first approach, the goal is to further protect the accused and guarantee his human and individual rights, in the second approach, the goal is to improve the quality of the trial and the performance of the judicial system. Studies show that the dominant approach in Iranian law, as well as in many other individualistic legal systems, has been the reason for the exclusionary rule. the changes that have taken place in the legal system have caused the ideological foundations of this rule to change and society to thinking be in the center of attention rather than the individual, which in turn raises the status of the judiciary and, in other words, increases legitimacy. This study was conducted with a comparative study in the USA and Iranian legal system and the result is the confirmation of the rise of both legal systems to collectivist thinking as the basis for identifying exclusionary rule and attention to social feedback on the performance of the judiciary.https://jclr.atu.ac.ir/article_14814_c8201ecc79a9aac8e6ca666c15daefa2.pdfevidenceindividual rightsfair trialindividualismcollectivism |
| spellingShingle | Amir hossein Rahgosha Yousef Niknam Mehdi Hooshyar Fundamentals of the Exclusionary Rule in the Iranian and American Law Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī evidence individual rights fair trial individualism collectivism |
| title | Fundamentals of the Exclusionary Rule in the Iranian and American Law |
| title_full | Fundamentals of the Exclusionary Rule in the Iranian and American Law |
| title_fullStr | Fundamentals of the Exclusionary Rule in the Iranian and American Law |
| title_full_unstemmed | Fundamentals of the Exclusionary Rule in the Iranian and American Law |
| title_short | Fundamentals of the Exclusionary Rule in the Iranian and American Law |
| title_sort | fundamentals of the exclusionary rule in the iranian and american law |
| topic | evidence individual rights fair trial individualism collectivism |
| url | https://jclr.atu.ac.ir/article_14814_c8201ecc79a9aac8e6ca666c15daefa2.pdf |
| work_keys_str_mv | AT amirhosseinrahgosha fundamentalsoftheexclusionaryruleintheiranianandamericanlaw AT yousefniknam fundamentalsoftheexclusionaryruleintheiranianandamericanlaw AT mehdihooshyar fundamentalsoftheexclusionaryruleintheiranianandamericanlaw |