Transforming International Criminal Justice

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Transforming International Criminal Justice

Mark J. Findlay,Ralph Henham
Transforming International Criminal Justice Book PDF

Author : Mark J. Findlay,Ralph Henham
Publisher : Taylor & Francis
Page : 465 pages
File Size : 42,5 Mb
Release : 2005-06
Category : Social Science
ISBN : 9781317436690

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Transforming International Criminal Justice by Mark J. Findlay,Ralph Henham Pdf

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

Exploring the Boundaries of International Criminal Justice

Mark Findlay
Exploring the Boundaries of International Criminal Justice Book PDF

Author : Mark Findlay
Publisher : Routledge
Page : 296 pages
File Size : 50,5 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317137160

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Exploring the Boundaries of International Criminal Justice by Mark Findlay Pdf

This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.

Governing Through Globalised Crime

Mark Findlay
Governing Through Globalised Crime Book PDF

Author : Mark Findlay
Publisher : Willan
Page : 301 pages
File Size : 43,9 Mb
Release : 2013-05-13
Category : Social Science
ISBN : 9781134007073

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Governing Through Globalised Crime by Mark Findlay Pdf

Governing through Globalised Crime provides an analysis of the impact of globalisation of crime on the governance capacity of the international criminal justice system. It explores how the perceived increased risk in global security has resulted in a reformulation of the relationship between crime and governance. The book seeks to argue that values of freedom, equality, communitarian harmony and personal integrity which the prosecution of crimes against humanity are said to advance, need not be sacrificed in a new world order obsessed with partial security and secularized risk. This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, projections can be made about the changing face of international criminal justice. Fundamental transformation is required to hold unjust global dominion to account. The book's policy perspective challenges international criminal justice to return to the more critical position justice has exercised in the separation of powers constitutional legality. For liberal democratic theory at least, judicial authority and its institutions have ensured constitutional legality by requiring the legislature and the executive to operate accountably against a higher normative order. This is not a predominant function of judges and courts in the international context despite their statutory invocation to this task . Case-studies of global crime and control reveal contexts in which the co-opted governance of institutional ICJ in particular, has a politicized motivation which too often advances the authority and interests of one world order against the sometimes legitimate resistance of criminalized communities. When the analysis moves to the consideration of victim community interests, and from there to the appropriate global constituencies of ICJ, the nature and limitations of ICJ supporting governance in the risk/security model, becomes apparent.

International and Comparative Criminal Justice

Mark J. Findlay
International and Comparative Criminal Justice Book PDF

Author : Mark J. Findlay
Publisher : Routledge
Page : 403 pages
File Size : 41,9 Mb
Release : 2013-06-19
Category : Social Science
ISBN : 9781136184147

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International and Comparative Criminal Justice by Mark J. Findlay Pdf

International criminal justice is in transition. This book explores the growing internationalisation of criminal justice as a phenomenon of global governance. It provides students with a critical understanding of the international institutions for regulating transnational crime, the development of alternative justice processes across the globe, and international and supra-national co-operation criminal justice policies and practices. Key topics covered include: The historical development of International Criminal Justice institutions and traditions International Restorative Justice Victim communities and collaborative justice The relationship between crime and war International Human Rights The ‘War on Terror’ The globalisation of crime and control Developments in global governance, communitarian justice and accountability This text will familiarize students with the literature and debates surrounding international criminal justice and enable them to critically appreciate their theoretical and policy context. In doing so, it encourages students to assess the strengths and weaknesses of different approaches to the study of global justice and the analysis of comparative policy convergence and research. It will also help students to reflect on, and communicate in an informed and critical way theoretical accounts and empirical studies within the field of international criminal justice. This book will be essential reading for upper level undergraduates taking courses in criminal law, international relations and governance and postgraduates engaged in international criminal justice, international law, regulation and governance and human rights.

Beyond Punishment: Achieving International Criminal Justice

M. Findlay,R. Henham
Beyond Punishment Achieving International Criminal Justice Book PDF

Author : M. Findlay,R. Henham
Publisher : Springer
Page : 313 pages
File Size : 52,7 Mb
Release : 2009-11-30
Category : Social Science
ISBN : 9780230250567

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Beyond Punishment: Achieving International Criminal Justice by M. Findlay,R. Henham Pdf

International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.

International Practices of Criminal Justice

Mikkel Jarle Christensen,Ron Levi
International Practices of Criminal Justice Book PDF

Author : Mikkel Jarle Christensen,Ron Levi
Publisher : Routledge
Page : 482 pages
File Size : 42,7 Mb
Release : 2017-11-06
Category : Law
ISBN : 9781351384629

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International Practices of Criminal Justice by Mikkel Jarle Christensen,Ron Levi Pdf

International Practices of Criminal Justice: Social and Legal Perspectives examines the practitioners, practices, and institutions that are transforming the relationship between criminal justice and international governance. The book links two dimensions of international criminal justice, by analyzing the fields of international criminal law and international police cooperation. Although often thought of separately, each of these fields presents criminal justice as a governance method for resolving international challenges and crises. By focusing on examples from international criminal tribunals, transitional justice, transnational crime, and transnational policing and prosecution, the contributors to this collection all examine how criminal justice is unmoored from the state, while also attending to the struggles and challenges that emerge when criminal justice is used as a form of international action. International Practices of Criminal Justice: Social and Legal Perspectives breaks new ground in criminology, international legal studies and the sociology of law, and will be of interest to students, scholars, and practitioners across a wide array of fields in criminal justice, international law, and international governance.

Sentencing and the Legitimacy of Trial Justice

Ralph Henham
Sentencing and the Legitimacy of Trial Justice Book PDF

Author : Ralph Henham
Publisher : Routledge
Page : 425 pages
File Size : 41,8 Mb
Release : 2013-03-01
Category : Social Science
ISBN : 9781136657436

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Sentencing and the Legitimacy of Trial Justice by Ralph Henham Pdf

This book discusses the under-researched relationship between sentencing and the legitimacy of punishment. It argues that there is an increasing gap between what is perceived as legitimate punishment and the sentencing decisions of the criminal courts. Drawing on a wide variety of empirical research evidence, the book explores how sentencing could be developed within a more socially-inclusive framework for the delivery of trial justice. In the international context, such developments are directly relevant to the future role of the International Criminal Court, especially its ability to deliver more coherent and inclusive trial outcomes that contribute to social reconstruction. Similarly, in the national context, these issues have a vital role to play in helping to re-position trial justice as a credible cornerstone of criminal justice governance where social diversity persists. In so doing the book should help policy-makers in appreciating the likely implications for criminal trials of ‘mainstreaming’ restorative forms of justice. Sentencing and the Legitimacy of Trial Justice firmly ties the issue of legitimacy to the relevant context for delivering ‘justice’. It suggests a need to develop the tools and methods for achieving this and offers some novel solutions to this complex problem. This book will be a valuable resource for graduate students, academics, practitioners and policy makers in the field of criminal justice as well as scholars interested in socio-legal and cross-disciplinary approaches to the analysis of criminal process and sentencing and the development of theory and comparative methodology in this area.

The International Criminal Court and the Transformation of International Law

Leila Nadya Sadat
The International Criminal Court and the Transformation of International Law Book PDF

Author : Leila Nadya Sadat
Publisher : International and Comparative
Page : 592 pages
File Size : 45,9 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105060996977

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The International Criminal Court and the Transformation of International Law by Leila Nadya Sadat Pdf

Professor Sadat's book is a valuable "restatement" of international criminal law, discovering and delineating the process that led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. "With the establishment of the International Criminal Court we enter an exciting era in the development of internatonal criminal law. This well written and thoroughly researched work provides a comprehensive and insightful analysis and critique of the Rome Statute and the impact of prosecuting war criminals" -- Justice Richard Goldstone Published under the Transnational Publishers imprint.

Futures of International Criminal Justice

Emma Palmer,Edwin Bikundo,Susan Harris Rimmer,Martin Clark
Futures of International Criminal Justice Book PDF

Author : Emma Palmer,Edwin Bikundo,Susan Harris Rimmer,Martin Clark
Publisher : Routledge
Page : 333 pages
File Size : 46,5 Mb
Release : 2021-12-22
Category : Law
ISBN : 9781000520828

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Futures of International Criminal Justice by Emma Palmer,Edwin Bikundo,Susan Harris Rimmer,Martin Clark Pdf

This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.

Criminal Justice at the Crossroads

William R. Kelly
Criminal Justice at the Crossroads Book PDF

Author : William R. Kelly
Publisher : Columbia University Press
Page : 418 pages
File Size : 41,8 Mb
Release : 2015-05-05
Category : Social Science
ISBN : 9780231539227

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Criminal Justice at the Crossroads by William R. Kelly Pdf

Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.

Transforming International Criminal Justice

Mark J. Findlay,Ralph Henham
Transforming International Criminal Justice Book PDF

Author : Mark J. Findlay,Ralph Henham
Publisher : Routledge
Page : 428 pages
File Size : 48,5 Mb
Release : 2005-06-01
Category : Social Science
ISBN : 9781317436683

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Transforming International Criminal Justice by Mark J. Findlay,Ralph Henham Pdf

This book sets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities through collaboration of currently competing paradigms. It reflects a transformation of thinking about the comparative analysis of the trial process, and seeks to advance the boundaries of international criminal justice through wider access and inclusivity in an environment of rights protection.Collaborative justice is advanced as providing the future context of international criminal trials. The book's radical dimension is its argument for the harmonization of restorative and retributive justice within the international criminal trial. The focus is initially on the trial process, a key symbol of developing international styles of justice. It examines theoretical models and political applications of criminal justice through detailed empirical analysis, in order to explore the underlying relationship of theory and empirical study, applying the outcome in theory testing and policy evaluation in several different jurisdictions. The book injects a significant comparative dimension into the study of international criminal justice.This is achieved through searching the traditional foundations of internationalism in justice by employing an original methodology to enable a multi-dimensional exploration of contexts (local, regional and global), so recognising the importance of difference within an agenda suggesting synthesis.The book argues for a concept of international trial within a 'rights paradigm', understood against different procedural traditions and practices, and provides a detailed description of trials and trial decision-making in various jurisdictions. Transforming International Criminal Justice also sets out to develop effective research strategies as part of its interrogation of specific trial narratives and meanings in contemporary legal cultures. Key themes are those of internationalisation, fair trial and the exercise of discretion in justice resolutions (sentencing in particular), and the lay/professional relationship and its dynamics. Finally, the book provides a searching critique of the relevance of existing criminology and legal sociology in relation to international criminal justice, and speculates on trial transformation and the merger of retributive and restorative international criminal justice. comparative analysis of the criminal trial process internationallyargues for harmonization of retributive and restorative justice within the international criminal trialsets out an agenda to transform international criminal trials and the delivery of international criminal justice to victim communities

The Oxford Companion to International Criminal Justice

Antonio Cassese
The Oxford Companion to International Criminal Justice Book PDF

Author : Antonio Cassese
Publisher : Oxford University Press, USA
Page : 1094 pages
File Size : 46,7 Mb
Release : 2009
Category : Law
ISBN : 9780199238323

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The Oxford Companion to International Criminal Justice by Antonio Cassese Pdf

How to face international crimes -- Fundamentals of international criminal law -- The interplay of international criminal law and other bodies of law -- International criminal trials.

Transforming Criminal Justice?

Jane Donoghue
Transforming Criminal Justice Book PDF

Author : Jane Donoghue
Publisher : Routledge
Page : 193 pages
File Size : 43,8 Mb
Release : 2014-04-03
Category : Social Science
ISBN : 9781136699412

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Transforming Criminal Justice? by Jane Donoghue Pdf

Why is punishment not more effective? Why do we have such high re-offending rates? How can we deal with crime and criminals in a more cost-effective way? Over the last decade in particular, the United Kingdom, in common with other jurisdictions such as Canada, the United States (US) and Australia, has sought to develop more effective ways of responding to criminal behaviour through court reforms designed to address specific manifestations of crime. Strongly influenced by developments in US court specialisation, problem-solving and specialist courts - including domestic violence courts, drugs courts, community courts and mental health courts - have proliferated in Britain over the last few years. These courts operate at the intersection of criminal law and social policy and appear to challenge much of the traditional model of court practice. In addition, policy makers and practitioners have made significant attempts to try to embed problem-solving approaches into the criminal justice system more widely. Through examination of original data gathered from detailed interviews with judges, magistrates and other key criminal justice professionals in England and Wales, as well as analysis of legislative and policy interventions, this book discusses the impact of the creation and development of court specialisation and problem-solving justice. This book will be essential reading for students and academics in the fields of criminology, criminal justice, criminal law, socio-legal studies and sociology, as well as for criminal justice practitioners and policy-makers.

International Criminal Justice

Michael Bohlander
International Criminal Justice Book PDF

Author : Michael Bohlander
Publisher : Cameron May
Page : 506 pages
File Size : 40,5 Mb
Release : 2007
Category : Law
ISBN : 9781905017447

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International Criminal Justice by Michael Bohlander Pdf

Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.

Sentencing

Ralph J. Henham
Sentencing Book PDF

Author : Ralph J. Henham
Publisher : Unknown
Page : 0 pages
File Size : 51,5 Mb
Release : 2014
Category : Sentences (Criminal procedure)
ISBN : 0415693659

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Sentencing by Ralph J. Henham Pdf

This text argues for an inclusive kind of sentencing which takes into account the diverse views of individuals and communities, as well as how questions of race, gender, access to justice, and rights affect sentencing.