NCJ Number
208080
Journal
Theoretical Criminology: An International Journal Volume: 8 Issue: 4 Dated: November 2004 Pages: 429-463
Date Published
November 2004
Length
35 pages
Annotation
This article explores how the use of comparative contextual analysis can be used to understand the relationship between discretionary decisionmaking and sentencing outcomes in international criminal trials.
Abstract
The increasing internationalization of the criminal trial process presents a unique challenge for criminological theory and the conceptualization of criminal justice. Previous theoretical contributions in this field have taken place within the context of the nation state and its accompanying notions of sovereignty, accountability, and social control. Thus, current criminological theory and methods are unable to conceive of the relationship between citizens and States that have been made global and universal. The author argues that a reconceptualization of the theory and practice of sentencing in its internationalized forms is necessary to capturing its comparative and universal nature. The use of comparative contextual analysis of the relationship between decisionmaking and sentencing outcomes in international criminal trials will help researchers develop viable and meaningful conceptions of international criminal justice. The author explains how the theoretical and methodological imperatives of comparative contextual analysis can assist with the rational development of international criminal procedures and penal sanctions. The purpose of the international criminal trial, it is further argued, should be reconceptualized to incorporate restorative justice processes that speak to the needs of victims and communities and, most importantly, that engages in the pursuit of truth. The sentencing process can be seen, then, as a medium for communicating truth on an increasingly global stage. Notes, cases, references