نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The judge, as a human being, uses universal psycho-social processes that naturally influence his decisions and, accordingly, the importance of the position of judgment becomes more understandable; What is more, there are factors that divert the case from its original path and hinder the realization of justice. These factors can be traced to the "human characteristics of the judge"; Characteristics such as: forgetfulness, neglect, emotional arousal, fatigue and decreased concentration, etc. In fact, although the judge, like other human beings, uses general mental tools and processes; These strategies, however, make deviations from the destination more irreparable and vital, especially in the performance of judicial duties. In this regard, understanding the psychological and mental action of judges with the internal orientation resulting from qualitative methodology, can be very important as the main issue of this article. The leading work with descriptive-analytical method and library studies, tries to identify some cognitive errors in the field of criminal law and study jurisprudential and legal solutions to reduce these errors. Among the results of this article, we can point to the identification of some errors in the field of criminal proceedings, such as the aura effect error and generalization, and provide solutions such as predicting rejection cases, removing the criminal record from the case before issuing a verdict, and Dealing with the error of research adequacy pointed out.
کلیدواژهها English