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NCJ Number: 211065 Find in a Library
Title: Transforming International Criminal Justice: Retributive and Restorative Justice in the Trial Process
Author(s): Mark Findlay; Ralph Henham
Date Published: 2005
Page Count: 458
Sponsoring Agency: Willan Publishing
Portland, OR 97213-3644
Publication Number: ISBN 1-84392-078-6
Sale Source: Willan Publishing
c/o ISBS, 5804 N.E. Hassalo Street
Portland, OR 97213-3644
United States of America
Type: Report (Study/Research)
Format: Book (Hardbound)
Language: English
Country: United States of America
Annotation: This book sets out an agenda to transform international criminal trials delivering the international criminal justice (ICJ) to victim communities through argument for the harmonization of retributive and restorative justice within the international criminal trial.
Abstract: There is a pressing need to provide theoretical and empirical insights into the relatively recent phenomenon of the international criminal justice (ICJ) and its manifestation in the principles and practices of international criminal trials. Emerging is an international jurisprudence on criminal law requiring integrated analysis. These developments are formal and informal in nature and context, reflecting predominantly retributive and restorative aspirations for penalty and reconciliation. This book charts a transformation of thinking about the comparative analysis of the trial process. It begins with an investigation of social theory supporting a model of the trial as a process of decisionmaking. The book is divided into three parts. The first addresses the issue of comparative analysis research into the trial process. The second part is focused on case studies on comparative trial practice and their thematic development towards crucial pathways of influence (judge/victim). The third part speculates on trial transformation and the merger of retributive and restorative ICJ. It concludes that overarching satisfaction with justice requirements is a guide to the activation of different paradigms and their priority. References
Main Term(s): Trial courts
Index Term(s): Court reform; Court system; Criminal justice system analysis; Criminal justice system effectiveness; Criminal proceedings; Foreign judicial systems; Legal system
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