ABSTRACT

In the previous chapter we provided a detailed account of the theoretical foundations developed to underpin our critical examination of the internationalization of criminal trial process and provided an evaluation of those influential process styles at work within national and international criminal trials (Henham and Findlay 2001c). This chapter builds and expands upon our discussion of the development of modelling for the research described in this book. We regard this as crucial to the comparative endeavour from two perspectives:

To provide a heuristic device; a theoretically grounded construct that allows us to link what is discovered to existing knowledge and facilitates the process of analytical induction, whereby the naturalistic observation of social phenomena provides (and confirms) theoretical insights into the trial process.

To provide systematic evaluation regarding the operation of existing criminal justice models and their ideological context in order to allow us to test certain assumptions about preferred criminal justice processes based on such models. The ultimate purpose of this exercise is to draw attention to the limitations and potentials of criminal justice modelling in order to construct a workable policy matrix. This will provide an evaluative tool which will enable the comparative evaluation of justice delivery identified within and beyond the present project.