The Effect of Pivotal Efficiency Management on Criminal Proceedings

Mostafa Masoudian, H. Poormahyabadi


During last decades, the managerialism model has predominated to solve structural and managerial problems in public service organizations. The Iranian judiciary has used some components of this model for years to solve the problem of lack of resources and vast number of cases. Since judges are the main actors of managerialism in criminal proceedings and this area, like all social fields, is based on a mental semantic system, so identifying the set of conditions, strategies and consequences of adopting strategies in it requires the application of the qualitative methodological method. Considering these requirements and based on the grounded theory, the present article investigated and analyzed the grounded rules of managerialism in criminal proceedings through interviews with judges of Kerman’s criminal branches. The analysis of data showed that according to all interviewees, the officials of the criminal justice system have set efficiency-based managerialism in order to solve the problem of high volume of cases, while this policy has reduced the accuracy of trials, increased judicial errors, reduced judge resilience, made judges stressful and stayed away from scientific studies. Therefore, it may conclude that judgment has moved away from its original meaning and has undergone a fundamental transformation (metamorphosis).


Judgment Transformation; Judicial Incarceration; Pivotal Efficiency

Full Text:



Brown, Darry, "The Perverse Effects of Efficiency in Criminal Process", Virginia Law Review, vol. 100, No. 1, 2014, pp. 101-142.

Danaeifard, Hassan and Alizadeh Thani, Mohsen, New Government Management: Critical Research, First Edition, Tehran, Mehraban Book Institute, 2011.

Delavar, Ali, Research Methods in Psychology and Educational Sciences, Eleventh Edition, Tehran, Virayesh Publications, 2014.

Ebadi, Mohammad Ismail, "Causes of prolongation of proceeding and Strategies to Prevent It: Adoption of Laws to Reduce Cases in the Courts”, Judiciary Magazine, No. 40, 2006, pp. 32-39.

Flick, Uwe, An Introduction to Qualitative Research, Translator: Hadi Jalili, First Edition, Tehran, Ney Publications, 2008.

Freiberg, Arie, "Managerialism in Australian Criminal Justice: RIP for KPIs?", Monash university law Review, Vol. 31, No. 1, 2004, pp. 12-36.

Gall, Meredith Damien; Borg, Walter; Gall, Joyce, Quantitative and Qualitative Research Methods in Psychology and Educational Sciences, Translator: Ahmad Reza Nasr, Vol. 2, Third Edition, Tehran, Samt Publications, 2007.

Ghasemi Kahrizsangi, Razieh; Farajiha, Mohammad, "The Challenge of Justice and Efficiency in the Discourse of Criminal Managerialism with Emphasis on Iranian Law,” Doctrines of Criminal Law, No. 9, 2015, pp. 30-54.

Gilinan, J. F., & Domahidy, M. R., "Reinventing Granite: A Reflection on an Evaluation of Multijurisdictional Drug Enforcement Task Force in Missouri”, Journal of Contemporary Criminal Justice, Vol. 11, No. 2, 1995, pp. 137-146.

Glaser, B. G., & Strauss, A. L, The Discovery of Grounded Theory: Strategies for Qualitative Research, New Brunswick, Aldine Transaction, 1967.

Grove, S. K., Gray, J. R., & Burns, N., Understanding Nursing Research: Building an Evidence-Based Practice, New York, Elsevier, 2014.

Hood, c., "A Public Management for All Reasons?", Public Administration, Vol. 69, No. 1, 1991, pp. 3-19.

Iman, Mohammad Taghi, Philosophy of Research Methods in Humanities, Second Edition, Qom, Research Institute of Seminary and University, 2014.

Kenneth, W., & Borland, J. R., "Qualitative and Quantitative Research: A Complementary Balance”, New Directions for Institutional Research, Vol. 2001. No. 112, 2001.

Khan, S. N., "Qualitative Research Method: Grounded Theory", International Journal of Business and Management, Vol. 9, No. 11, 2014, pp. 224-233.

Lotfabadi, Hossein, "Epistemological and Methodological Deficiencies in Psychological Research Articles in Iran”, Quarterly Journal of Seminary and University: Methodology of Humanities, Vol. 13, No. 51, 2007, pp. 9-44.

Moisidis, Cosmas, Criminal Discovery: from Truth to Proof and Back again, Sydney (university of Sydney, law School), Institute of Criminology Press, 2008.

Packer, Herbert L, "Two Models of the Criminal Process", University of Pennsylvania Law Review, Vol. 113, No. 1, 1964, pp. 9-13.

Pourmohiabadi, Hossein, Judicial Backgrounds of Increasing the Prison Criminal Population (Qualitative Study of Kerman Judiciary), Thesis for Doctorate in Criminal Law and Criminology, Kashan, Faculty of Law, Kashan University, 2018.

Strauss, A., & Corbin, J., Basics of Qualitative Research: Techniques and Procedures for Developing Grounded Theory, Thousand Oaks, Sage Publications, 1998.

Taylor, l., "Reviewed Work: Becoming Deviant by David Matza", The British Journal of Criminology, Vol. 10. No. 3, 1970, pp. 288-291.



  • There are currently no refbacks.

Copyright (c) 2022 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
Copyright © 2014-2018 IJMMU. All rights reserved.