By Nancy Combs
Although present plea bargaining practices should be theoretically unsupportable and will supply upward push to critical sufferer dissatisfaction, the writer argues that the perform is justified as a method of accelerating the percentage of overseas offenders who should be prosecuted. She then contains rules drawn from the family perform of restorative justice to build a version to blame plea procedure for use for overseas crimes.
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Extra info for Guilty pleas in international criminal law constructing a restorative justice approach
Sample text
The considerable length and cost of tribunal trials has generated enormous criticism, and the tribunals have consequently taken steps to expedite proceedings. These efforts to shorten and simplify tribunal proceedings have improved matters, but they have by no means resulted in short, simple proceedings. Indeed, despite the tribunals’ considerable efforts, their statistics remain surprisingly bleak: before the ICTY’s spate of guilty pleas in 2003, it had spent ten years and nearly $650 million to dispose of eighteen cases.
W. Botha for the minor offense of failing to comply with a subpoena issued by the South African TRC, for instance, lasted nearly nine months. Most domestic criminal justice systems would have difficulty sustaining the costs of such prosecutions, and the South African criminal justice system—which has been so underresourced as to be labeled “virtually dysfunctional” —had no hope of doing so. It is not surprising, then, given these circumstances, that South Africa failed to conduct large-scale human-rights prosecutions after the initial, expensive few were completed.
The inability to attract international judges likewise forced the Appeals Chamber to stop functioning for eighteen months, preventing numerous defendants from appealing their convictions. Although some improvements were made, most of these problems remained throughout the five-year life span of the Special Panels. The panels continued to struggle in the face of tremendous human and material resource limitations, and the frequent unavailability of judges and interpreters continued to result in postponed trials and excessive pretrial detentions.