外文翻译--司法构造：超越民事诉讼(编辑修改稿)

外文翻译--司法构造：超越民事诉讼(编辑修改稿)内容摘要：

hey had been sufficiently punished for whatever infraction they might have been charged with. Although the oute manifestly favored those who contested their traffic tickets, the defendants frequently reported that they felt frustrated with the oute because they were not given the opportunity to present their case before the decision was rendered. Many of them had gone to some lengths to prepare their case–taking pictures of the scene or arranging witnesses – only to have all charges dropped before they could tell their side of the story. Despite the positive distributive oute, they were disturbed by the fact that their voice was not heard. Related but not identical to the neutrality of the decisionmaker is his, her, or their trustworthiness. A biased decisionmaker by definition will not be deemed trustworthy by all parties to a dispute, but neutrality does not guarantee Indeed, this mon sentiment is the inspiration behind a tshirt that is popular among litigators, which reads, ‘A good lawyer knows the law。 a great lawyer knows the judge.’ Constructs of Justice: Beyond Civil Litigation 261 trustworthiness. Rather, the decisionmaker must be an individual or group whom the parties believe will apply any relevant laws, rules, or other decisionmaking principles in an appropriate and consistent manner to oversee the proceedings and arrive at his, her, or their decision(s). Trustworthiness also has implications for legitimacy in governmental actions. As part of their indepth analysis of a restorative justice dialogue that arose from the robbing of an Israeli woman by two Palestinian boys, Umbreit and Ritter articulate six elements to a restorative justice dialogue. First, everyone who was directly affected by the crime should be encouraged to participate in the dialogue. Second, the victim and the offender should be able to choose family members and or support persons to be present, if they desire. Constructs of Justice: Beyond Civil Litigation 263 Third, critically, participation in the dialogue must be voluntary by all , the process of the dialogue should be adapted to the needs of both the victim and the offender. Fifth, extra deference should be shown to the victim, but the offender should still be treated with respect. And sixth, all of the primary parties to the dialogue should be prepared in advance through inperson meetings with some mediator facilitator prior to the dialogue. While the concept of restorative justice is relatively new to American courts,similar principles can be found in many traditional or historical societies. GrayKanatiiosh and Lauderdale discuss the use of restorative principles in Native American societies as a way of maintaining balance within the argue that, rather than exerting control through‘stricter laws, more law enforcement officers, and increased funding’as a way to decrease crime in Native American munities, the money would be better spent restoringa multidimensional web of justiceby identifying, understanding and, where pos。