Pathology of Procedural Rules Governing Petty Crimes in the Context of the McDonaldization of the Criminal Justice System

Abstract

Petty crimes are among the significant issues related to criminal justice, as despite their limited impact, their high frequency leads to psychological pressure and anxiety while affecting public order. This necessity has prompted the present study. The aim of this article is to examine the critical question of how the procedural rules governing petty crimes can be assessed in the context of the McDonaldization of the criminal justice system. This study is descriptive-analytical and employs a library research method to address the aforementioned question. The findings indicate that crime control, efficiency, calculability, and predictability are the most critical principles of the McDonaldization of the criminal justice system. These principles lead to the adoption of zero-tolerance policies and broken windows theory while also promoting the use of non-judicial methods to expedite proceedings. The results suggest that the procedural rules governing petty crimes in Iranian criminal law align with the McDonaldization of the criminal justice system in some instances while deviating from it in others. For example, the suspension of prosecution contradicts the efficiency and zero-tolerance policy derived from the McDonaldization of criminal justice. Meanwhile, summary proceedings without an indictment and referral to mediation align with the principle of expediting proceedings under the McDonaldization of criminal policy, as these methods prevent trial delays. However, overall, the criminal policy of procedures governing petty crimes reflects a form of legislative tolerance and leniency toward petty crime offenders, which is inconsistent with efficiency and zero-tolerance policies.