Lunch seminar with Max Lowenstein

International Court Sentencing Explanations Framework: Purpose and Impact?

Any International Court (although, we will focus on the ICC) like any domestic jurisdictions’ courts, is legally obligated to sentence appropriately and to explain the meaning/impact of the sentences given to the defendant, courtroom actors and the global public.  Beyond language/disability accessibility, understanding the clarity, consistency and fairness of sentencing communication processes speaks to the level of accessibility/inclusion, each courtroom provides.  Judges, lawyers, and defendants to whom they are primarily directed within the courtroom, can most help to define the purpose (meaning) and impact (application) of sentencing explanations.  This talk will consider communicative justice (denunciation) theory and the value of gathering courtroom actor perspectives to help align this more to actual legal practice.  This talk concludes that there is a dearth of qualitative research into sentencing communication best practices globally.  Given the importance of International Court sentencing explanations to sentencing transparency and judicial legitimacy, beyond mere punishment for each defendant, more qualitative data should be gathered to enhance our global understanding of them to help reform our International Courts sentencing practices.

Speaker bio

Dr Max Lowenstein is a law academic, with an expertise in comparative law, criminal justice (sentencing) and equality (disability) law.  His comparative criminal justice research considers sentencing communications, primarily from the judicial and public perspectives.  His understanding of legal communications best practice, particularly from disabled perspectives, has assisted judges, lawyers, and academics in courtroom procedural and sentencing reform.   

Online Profile: http://staffprofiles.bournemouth.ac.uk/displaymlowenstein

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