Theorizing the Penality of Sentencing in International Criminal Trials  

Oleh:

Henham, Ralph

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Theoretical Criminology vol. 8 no. 4 (Nov. 2004), page 429–463.
Topik: comparative contextual analysis; international criminal justice; international penal theory
Fulltext: 429TC84.pdf (423.34KB)

Isi artikel

This article seeks to make a contribution towards resolving the theoretical and methodological challenges posed by the increasing internationalization of criminal trial process and the pressing need to provide concepts and methodological techniques that will enhance our understanding of the global, regional and domestic effects of these developments. However, in order to achieve this objective it is necessary to develop concepts and methods capable of revealing the true nature and meaning of what is actually taking place at the various decision sites in the trial at all levels. The article explains how the novel approach of comparative contextual analysis can be used to provide insights into the relationship between the process of discretionary decision-making and sentencing outcomes in international criminal trials and help provide us with the analytical tools required to deconstruct the international sentencing process and influence the future direction of its penality.

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