ABSTRACT
Sentencing is the focal point of outcome where the decision-making pathways identified within the criminal trial process converge. It is also the context where the justification for punishment is (re)formulated for public consumption. In this chapter we examine these issues by reflecting on two particular (but inter-related) aspects of sentencing and their implications for international criminal justice (ICJ). First, we interrogate comparatively the relational contexts between victims and judicial officers in the construction of the sentence; the English and Italian trial models are chosen here to reflect the manner in which often rival interests are integrated to satisfy what appear to be competing sentencing principles within the common/civil/law process styles. Secondly, these relationships are examined against the ‘fair trial’ aspirations of ICJ institutions and the difficulties faced in their realization. Emphasis throughout is placed on the relationship between verdict delivery and sentencing, the evaluation of evidence relevant to sentencing within these contexts, and the importance of discretion in the relationship between lay and professional participants. Crucially, the importance of the ‘rights’ paradigm provokes consideration of whether, at the international level, the trial should be transformed to ensure wider aspirations for justice. These issues are elaborated further in the final chapter.
