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Full-Text Articles in Criminal Law
Sham Of The Moral Court? Testimony Sold As The Spoils Of War, Mark Findlay, Sylvia Ngane
Sham Of The Moral Court? Testimony Sold As The Spoils Of War, Mark Findlay, Sylvia Ngane
Research Collection Yong Pung How School Of Law
This paper analyses the critical influences on witness-based truth-telling for judicial decision-making in the international criminal tribunals. The judicial fixation on witness testimony reflects the weight and legitimacy given to personal testimony before international courts. This weight must be balanced by the awareness that a witness may provide false testimony intentionally, or may be coaxed by third parties to provide such testimony, as has been evidenced recently before the ICC. If witness testimony is tainted then its capacity to endorse the truth-finding function of the court is compromised. As a consequence the ability to assert that the tribunal is a …
Handbook Of Comparative Criminal Law [Book Review], Siyuan Chen
Handbook Of Comparative Criminal Law [Book Review], Siyuan Chen
Research Collection Yong Pung How School Of Law
Imagine gathering the views of some of the leading criminal law academics from around the world – traversing 16 countries, 6 continents, and 5 different legal systems, to be precise – by way of essays designed to provide an introductory framework for almost all of the major criminal law systems in the world to be compared and contrasted. This 660-page book is supposed to be a compelling manifestation of that imagination, and indeed is touted as a first of its kind in terms of the depth and breadth in coverage.
Decolonising Restoration And Justice: Restoration In Transitional Cultures, Mark Findlay
Decolonising Restoration And Justice: Restoration In Transitional Cultures, Mark Findlay
Research Collection Yong Pung How School Of Law
This article is a strategy for the comparative analysis of justice in various contesting forms. To identify useful levels of the comparative project, the colonising potential of restorative justice is examined. In this context the influence of formalised justice mechanisms over the less formal is explored, with examples in transitional cultures in the South Pacific discussed. Local and global potentials (and dilemmas) are identified for analysis. The integration of justice forms, both in terms of structure and ideology, is argued for. Notions of collaborative rather than restorative justice are advanced, in order that the intersection between state-sponsored and customary justice …
Decolonising Restoration And Justice, Mark Findlay
Decolonising Restoration And Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …