The Comparison of the Surveillance's Rights in the Criminal Procedures of Iran and the U.S.A

Support of the individual rights and freedom is one of the purposes of criminal procedural rules. Police detention or surveillance is contrary to the individual rights. In accordance with obvious rules, police at both American and Iranian systems of justice might arrest someone. This matter has an exceptional aspect. It is essential to observe two provisions in which include “visible crime” and “the principle of necessity”. A warrant is issued by judicial authorities to arrest someone is a requirement under American rules and it is possible to arrest someone at visible crime. Legislator of both legal systems has been considering rights like having promptly access to a lawyer since this proceeding to the presumption of innocence. Nevertheless, the accused has a right to be silent until a lawyer comes under American system of justice. On the other hand, fair and just interrogation such as realization of the accusation and its evidences to secure accused’ rights is predicted by both legal systems. In line with American rules, the realization of the arrest and predicting electronic devices to record accused’ statements is considered. Moreover, appropriate sanctions like exclusionary rule beside other sanctions at this legal system is predicted. Anyway, considering the regularity of the arrest and detention at this stage, both legal systems have put their efforts into reinforcing the accused’ rights.