The Iraqi High Tribunal: A Viable Experiment in International Justice?

The Iraqi High Tribunal (IHT) joins the Bosnian War Crimes Chamberin Sarajevo as the first of a new breed of accountability mechanismswhich the author characterizes as ‘internationalized-domestictribunals’. Unfortunately, the IHT faced world-wide oppositionfrom its conception, and once the Dujail trial began, the proceedingswere marred by the assassination of defence counsel, the resignationof judges, the boycott of defence lawyers, the disruptive conductof the defendants and finally by a botched execution that wasuniversally condemned. But judged in light of the unique challengesthat the IHT faced, the fact that there were no feasible alternativesavailable for trying Saddam Hussein, and that war crimes trialsare historically divisive and messy, the IHT cannot simply bewritten off as an utter failure. Rather, an objective assessmentof the IHT would have to acknowledge that there were in factsome positive aspects as well, which are described in this essaywritten by one of the experts who trained the judges that presidedover the Saddam Hussein Trial.     

Administrative justice in Wales: a new egalitarianism?

Administrative justice systems are under a variety of pressures, in particular austerity-inspired civil justice reform. I argue that such pressures do not necessitate the decline of administrative justice, and that a developing Welsh model has cross-jurisdictional appeal, especially to legal orders currently lacking a relevant organisational centre and joined-up approach. I examine the efficacy of existing conceptions of administrative justice and delineate a developing Welsh approach grounded in egalitarian principles. The nascent Welsh model emphasises reforming administrative justice hierarchies so that they work harmoniously with regulatory and value-promoting parts of the system, focusing on user perspectives and tackling the risks of less transparent forms of bureaucratic decision-making.     

Can justice be achieved for slave descendents in Mauritius?

This article discusses challenges to achieving justice for slave descendents in Mauritius 177 years after the abolition of slavery. It reflects on the 2009 institution of a Truth and Justice Commission (TJC) in Mauritius to investigate the legacies of slavery and indentured labour. It is argued that time, the ethnic and cultural complexity of Mauritius as well as the TJC itself makes it difficult for Mauritians to achieve restorative justice for slave descendents. Reviewing transitional and restorative justice, the article argues that the Mauritius case study is potentially useful to reflections on the issue of social justice for ancient atrocities and for reflections on the challenges of reparations in complex and democratic societies. It concludes that the greater participation of civil society is required in decisions regarding reparations and that such decisions need to be grounded in contemporary and democratic approaches to achieving justice and the protection of human rights.     

Why do evaluation researchers in crime and justice choose non-experimental methods?

Despite the general theoretical support for the value and use of randomized controlled experiments in determining ‘what works’ in criminal justice interventions, they are infrequently used in practice. Reasons often given for their rare use include that experiments present practical difficulties and ethical challenges or tend to over-simplify complex social processes. However, there may be other reasons why experiments are not chosen when studying criminal justice-related programs. This study reports the findings of a survey of criminal justice evaluation researchers as to their methodological choices for research studies they were involved in. The results suggest that traditional objections to experiments may not be as salient as initially believed and that funding agency pressure as well as academic mentorship may have important influences on the use of randomized controlled designs.In August 2005, Dr. Lum’s affiliation will change to George Mason University.     

Plea bargaining in the Nigerian criminal justice system: A procedural tool for loot recovery or justice administration?

Crime, Law and Social Change - Plea bargaining is one of the procedural tools introduced into the Nigerian Criminal Justice System to ensure quick dispensation of justice, save time and resources...     

Violence or justice? Gender-specific structures and strategies in early modern Europe

This article aims at getting a deeper understanding of gender-specific justification of violence in early modern legal discourse and practice. The analysis focuses on structures and strategies concerning women's supposed misconduct, disobedience and sexually suspicious acts, and violence related to this. The legal cases referred to originate from the secular lower courts' proceedings of the cities Stockholm and Munich in the late sixteenth and early seventeenth centuries.

In addition to acts perceived as crimes, such as rape, the term violence refers to those not necessarily qualified as wrong, such as domestic castigation. Furthermore, in this study, the subject violence also applies to discriminatory legal structures and customs. The core questions therefore are: To what extent were disciplinary and penal methods as well as other acts upon a woman's body understood as just and legitimate, to what extent and in what circumstances were they seen as violent and wrongful, and how did this reflect the contemporary gender roles?     

Were There More Acceptable Alternatives to the Iraqi High Tribunal?

The Iraqi High Tribunal has been criticized on all sides forits failure to deliver fair trials. Many observers have advocatedan international or internationalized court instead. However,these alternatives, even if desirable, were outside the ambitof what was possible in post-war Iraq. Given that a domesticcourt was the only realistic option, much more help and supportshould have been given to it by the international community.     

Is restorative justice for sexual crime compatible with various criminal justice systems?

In addition to the more conventional approaches of the criminal justice system, this article suggests that there is a need for restorative justice as another method of addressing sexual crime. In support of this view, the present article explores the possibility of a hybrid justice system based on a complementary relationship between restorative justice and the criminal justice system. An analysis of the limits of the criminal justice system and the need for restorative justice in the contentious area of sexual crime will be followed by a detailed examination of key justice considerations when trying to marry both criminal justice and restorative justice perspectives. Such considerations include: the meaning of justice; legislation; sentencing principles; due process; victims’ rights; and the location of restorative justice within/alongside/outside the criminal justice system. The aim of this article is to determine whether it is possible to reconcile two seemingly juxtaposed methods of justice delivery in the context of sexual crime in order to create a hybrid system of justice that best protects and responds to the rights and needs of victims and offenders.     

Sentencing: Must justice be even-handed?

The question considered is whether a convicted criminal has been treated unjustly if the only reason he receives a much heavier sentence than another criminal convicted of the same crime is that he came before a different judge. The answer offered is that such a criminal would not be treated unjustly. The principle of equality in punishment, properly understood, does not forbid even such gross disparities in sentence (though it also does not require them). The paper discusses the 1978 Model Sentencing and Corrections Act in detail and has important consequences for the current movement to reform punishment to assure just deserts.Work on this paper was supported in part by a Summer Research Grant from Illinois State University, 1981.     

Youth justice — crisis or opportunity?

Conclusion Throughout the 1980s, major developments took place in the way in which agencies, which constituted the juvenile justice system, worked together. The 1990s have seen an increase in public and political attention on law and order. As yet, neither this concern, nor the introduction of the Criminal Justice Act 1991, has reversed the general trend of diverting young offenders from court and custody. Moreover, in the first three years of the decade, there have been no indications that concern about crime has generated an upturn in prosecution of youthful offenders.New proposals to expand secure accommodation within both the local authority and the independent sector, put forward by the Department of Health, and the proposed introduction of secure training centres in the new Criminal Justice Bill, indicate political responses to perceived public concern, rather than planned responses to identified need. In the light of these developments, it is important that local youth justice agencies operate a process of inter-agency strategic management based on sound, valid and agreed data. It is important that in the rush to assuage public concern, sound management of the youth justice system, as well as sound management of individual youth offenders, is not jettisoned.This is the message and legacy of the career of Josine Junger-Tas who has taught many of us that youth crime is open to rational analysis and policy making. Her intellectual analysis, tempered with her effervescent personality, is an example to us all.     

Elusive justice: tribal police officers’ perception of justice in an American Indian community

This paper explores justice-related perceptions among tribal police officers providing service within a southeastern Indian Reservation in the United States. Interviews with 27 tribal police officers were conducted to understand the manner of the administration of tribal justice. Almost half of the participants interviewed felt that their tribal justice system was dysfunctional due to inter-tribal politics, federal government restrictions, and lenient tribal judges. Additionally, tribal police officers also described the failure of the federal government in prosecuting felony crimes on the reservation. As a result, they believed that both the tribal and federal criminal justice systems did not adequately address crime on the reservation.     

Computers in criminal justice — Realising the potential

Computers have been used in most parts of the Criminal Justice System for many years and for a wide range of applications. Despite this, it remains the case that whereas computerization has brought about some improvements in administrative or clerical efficiency, the overall impact on the Criminal Justice System has been small. This paper summarises the current extent of computerisation in criminal justice, outlines the direction in which current developments are moving, and tries to forecast how computers might be used to greater effect to improve the criminal justice process.The paper is based on experience gained both from research and development work by the author in this country, and from research carried out in the United States.     

Community‐based restorative transitional justice in Sierra Leone

Community‐based restorative transitional justice is an important feature of peace consolidation, maximizing access to justice and facilitating reconciliation. Examining post‐conflict Sierra Leone as a case study, the author draws on existing justice practices in Sierra Leone as examples of restorative responses to war criminality. Specifically, the traditional reintegration of former male and female combatants and the emergence of a new project, ‘Fambul Tok’ are detailed. The author discusses and compares the Special Court for Sierra Leone and the Truth and Reconciliation Commission to point to gaps in transitional justice that call for community‐based restorative strategies.     

Adult guardianship: human rights or social justice?

Adult guardianship in English-speaking countries has its roots firmly planted in the protective parens patriae principle. In the last 20 years, in response to societal changes and international developments, concerns about human rights have fundamentally challenged the historic basis of guardianship. This article argues that social justice offers a better framework than human rights for adult guardianship legislation.