Some Issues for Sentencing in the International Criminal Court
by Henham, Ralph
June 4, 2015
Source: (2003) International and Comparative Law Quarterly. 52: 81-114. Ralph Henham’s purpose in this paper is to explore several significant issues concerning the sentencing of offenders to be convicted in the newly established International Criminal Court (ICC). Henham’s...
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Peacemaking Circles: The “Original” Dispute Resolution of Aboriginal People Emerges as the “New” Alternative Dispute Resolution Process
by Smith, Janelle
June 4, 2015
Source: (2003) Hamline Journal of Public Law and Policy. 24: 329. Noting the enormous costs of the criminal justice system weighing down on many states in the United States, Janelle Smith advances the idea that states could curb those costs through the use of peacemaking circles. As informal...
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A Dark State Of Criminal Affairs: ADR Can Restore Justice To The Criminal “Justice” System
by Levinen, Adina
June 4, 2015
Source: (2003) Hamline Journal of Public Law and Policy. 24:369. Adina Levinen begins this paper from the position that the criminal justice system has lost its crucial quality – justice – because the system in effect discriminates against people of color. In view of this,...
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Fact-Finding in Civil Domestic Violence Cases: Secondary Traumatic Stress and the Need for Compassionate Witnesses
by Freedman, Ann E
June 4, 2015
Source: (2003) American University Journal of Gender, Social Policy & the Law. 11: 567. Ann Freedman highlights in this paper what she sees as two striking features of domestic violence law and practice. The first is the troubling inadequacy of fact-finding resources in civil domestic...
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Battering, Forgiveness, and Redemption
by Smith, Brenda V
June 4, 2015
Source: (2003) American University Journal of Gender, Social Policy & the Law. 11:921. In this paper Brenda Smith asks whether words like “forgiveness” and “redemption” have any place in the discourse on battering and domestic violence. As she says, those words...
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Defense-Based Victim Outreach: Restorative Justice in Capital Cases
by Grunewald, Kristen F
June 4, 2015
Source: (2003) Capital Defense Journal. 15:315. In this paper, Grunewald and Nath explore the principles and practical implications of defense-based victim outreach. They begin with a summary of a series of brutal murders in California in the late 1990s. Through a letter to the federal...
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Regionalization of International Criminal Law Enforcement: A Preliminary Exploration
by Burke-White, William W
June 4, 2015
Source: (2003) Texas International Law Journal. 38:729. According to William Burke-White, the enforcement of international criminal law has largely occurred at the supranational level since the 1945 Nuremberg International Military Tribunal. More recently, this enforcement has migrated to the...
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Restoring Harmony through Nalyeeh: Can the Navajo Common Law of Torts be Applied in State and Federal Forums?
by Mueller, J A
June 4, 2015
Source: (2003) Tribal Law Journal. 3:1. Native American tribal courts seek to restore harmony to their communities. Many tribal courts struggle to incorporate traditional tribal customary law into Western formal law. In this article Mueller claims that the Navajo Nation and its tribal court...
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How Police Departments Can Benefit From Referral to Community Mediation Programs
by Coletta, Craig
June 4, 2015
Source: (2003) Police Chief. 70(8): 72-74, to 77. Community mediation programs have provided low cost or free conflict resolution services since the early 1970’s. In mediation, parties to a dispute meet with a neutral third party who is trained to facilitate communication between them...
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Feeling Sorry?- Tell Someone Who Cares: THe Irrelevance of Remorse in Sentencing
by Bagaric, Mirko
June 4, 2015
Source: (2003) Howard Journal. 40(4): 364-376. A fundamental moral proscription is that people should not violate the important interests of others, such as the right to life, physical integrity and property. Minimum standards of human decency require that when people breach this important...
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Justice as Restoration, Justice as Respect
by Zehr, Howard
June 4, 2015
Source: (1998) Justice Professional. 11: 71-87. The causes of the “new retributivism” sweeping America may not be entirely clear but the consequences are becoming so: they include the creation of a massive ‘corrections-industrial complex’ with a built-in incentive to...
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A Third Voice: A Review of Empirical Research on the Psychological Outcomes of Restorative Justice
by Poulson, Barton
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 167-203. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. Within the field of restorative justice, at least three voices may be heard: the voice of theory, the voice of practice, and the voice of research, which is the focus...
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Participation in Victim-Offender Mediation and the Prevalence and Severity of Subsequent Delinquent Behavior: A Meta-Analysis
by Nugent, William R
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 137-166. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. According to the authors of this article, victim-offender mediation (VOM) is the oldest and most widely practiced expression of restorative justice. With respect to...
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Restorative Justice, Punishment, and Atonement
by Garvey, Stephen P.
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 303-317. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. Stephen Garvey begins this paper with a sketch of restorative justice, with particular attention to two assertions touted by advocates of restorative justice: (a)...
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Punishment Theory, Holism, and the Procedural Conception of Restorative Justice
by Luna, Erik.
June 4, 2015
Source: (2003) Utah Law Review. 2003(1): 205-302. University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003. Punishment theories, argues Erik Luna, are characterized by an adversarial approach common in academic and philosophical argument. Such theories appear driven by three...
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