Applying Problem-Solving Principles to the Traditional Criminal Courts of Iran; Challenges and Solutions

Problem-Solving Courts with a specialized and independent structure were established in some countries with common law legal system to use the authority of courts to address the underlying problems of offenders and victims, the structural problems of the justice system, and the social problems of communities and finally to reduce the recidivism rate. However, because they reach only a small proportion of litigants compared to the traditional courts, the idea of applying core principles of problem-solving courts to traditional courts was put forward. This article, with a qualitative method, first examines the necessity of problem-solving approach in judicial system and then analyses the opportunities and barriers to applying problem-solving principles and practices in traditional criminal courts of Iran. The findings of the research show that some principles like changing traditional attitudes and role orientations of judges, prosecutors, attorneys, and other justice system actors is the basis for adopting problem-solving approach in traditional criminal courts of Iran and it can hardly be transferred, but enhancing the direct interaction between judges and litigants is the most easiest. Moreover, resource constraints (lack of time, money, and staff) and educational and electronic systems limitations pose serious barriers in implementation of other principles and effectiveness of problem-solving approach. Tangible results show that the application of these principles and indicators can help increase the quality and effectiveness of the criminal justice procedure and reduce its non-therapeutic consequences.