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Theorizing the penality of sentencing in international criminal trials

Henham, Ralph
June 4, 2015

Source: (2004) Theoretical Criminology. 8(4): 429-463.

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. Author’s abstract.


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