International sentencing in the context of collective violence

This article evaluates some of the theoretical and practical arguments which suggest that the potential for international trial justice to make a significant contribution towards reconciliation and peace following mass atrocity is limited. Conversely, it argues that it is possible to move beyond the current narrow conceptualisation of penality in international trials by re-thinking the ideological framework for punishment and sentencing and giving trial outcomes a greater sense of moral purpose and legitimacy in the eyes of victims and those communities seeking justice. The article argues why this is necessary and achievable through the adoption of more constructive strategies and interventions in international trial process

Some reflections on the legitimacy of international trial justice

This paper addresses a number of interrelated conceptual difficulties that impact adversely on the ability of international criminal trials to deliver outcomes perceived as legitimate by victims and communities in post-conflict states. It begins by exploring the extent to which those moral justifications for punishment espoused by international courts are instrumental in marginalizing the aspirations for justice of victims and victim communities, and suggests how a greater appreciation of the sociological context of punishing international crimes can contribute towards an improved understanding of normative practice. The paper then examines the relationship between perceptions of international crime and punishment, and the broader issue of whether international criminal law provides an appropriate normative structure for giving effect to those universal humanitarian values concerned with punishment in an increasingly pluralistic world. Finally, the paper considers how the theory and practice of punishing international crimes can more effectively satisfy both local and global aspirations for post-conflict justice through enhancing the transformative capacity of international criminal trials

Sentencing dangerous offenders: policy and practice in the Crown Court

Analysis of Crown Courts' use of protective sentencing powers under s.80(2)(b), s.85, and s.109 of 2000 Act and whether preference for s.85 reflects fundamental flaw in leaving determination of "dangerousness" to judiciary

Re-thinking notions of evidence and proof for sentencing: towards a more communitarian model

Judges and magistrates are often criticised for failing to take sufficient account of social factors such as poverty and social deprivation when sentencing offenders. The implication is that the sentencing practices of the courts lack an important social dimension-that of 'social justice'-namely, the perception that the punishment of criminalised behaviour by the state is fair and non-discriminatory. This article asserts that the notion of 'social justice' sits uneasily with the values that sustain the existing paradigm of adversarial trial. It is argued that shifting the focus of the adversarial trial away from its narrow preoccupation with individual accountability towards a more communitarian model of penal accountability would significantly enhance the moral credibility of sentencing and its social impact. A more flexible approach to the admissibility and evaluation of evidence is advocated, one conceived within a communitarian ideology whose purpose is to promote penal interventions which enhance social justice

Sentencing policy, social values and discretionary justice

Despite the recent consolidation of sentencing law and procedure, the fundamental values which underpin the policy and practice of sentencing in England and Wales have remained largely unchanged since the deserts-based model introduced by the Criminal Justice Act of 1991. It is argued that this paradigm is no longer appropriate and presents a significant impediment to reducing imprisonment and mainstreaming restorative forms of intervention within the criminal process. An alternative value-based approach is proposed to counter this trend, one that provides greater structural flexibility and empowers sentencers to engage more effectively with the social impact of penal intervention

Making drug harms: Punishments for drugs offenders who pose risks to children

Images of children are routinely used in discourses on drugs, offering a compelling rationale for adopting particular policy positions or legislative reforms. However, the importance of childhood to the constitution of drug harms, and the punishment and subjectification of drug users and offenders, have rarely been the subject of enquiry, whether within drug and alcohol studies, criminology or legal studies. Scholarship on criminal sentencing in England and Wales is also relatively sparse, and has been dominated by analyses of the ‘legal-rational’ logic of particular provisions or reforms. This paper, which relies on the premise that drugs and their effects are constituted through discourse, and are thus contingent, variable and unstable, identifies the ‘collateral realities’ (Law, 2011) that are enacted during legislative and judicial attempts to stabilize the harms caused by drugs to children and communities