Download or read book Prisons and Crime in Latin America written by Marcelo Bergman and published by Cambridge University Press. This book was released on 2021-03-11 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking work examines Latin America's prison crisis and the failure of mass incarceration policies. As crime rates rose over the past few decades, policy makers adopted incarceration as the primary response to public outcry. Yet, as the number of inmates increased, crime rates only continued to grow. Presenting new cross-national data based on extensive surveys of inmates throughout the region, this book explains the transformation of prisons from instruments of incapacitation, deterrence, and rehabilitation to drivers of violence and criminality. Bergman and Fondevila highlight the impacts of internal drug markets and the dramatic increase in the number of imprisoned women. Furthermore, they show how prisons are not isolated from society - they are sites of active criminal networks, with many inmates maintaining fluid criminal connections with the outside world. Rather than reducing crime, prisons have become an integral part of the crime problem in Latin America.

Download or read book The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations written by Juan Carlos Ochoa S. and published by Martinus Nijhoff Publishers. This book was released on 2013-02-05 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.

Download or read book The Colombian Peace Process and the Principle of Complementarity of the International Criminal Court written by Kai Ambos and published by Springer Science & Business Media. This book was released on 2010-06-30 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Striking a balance between peace and justice has long been debated by scholars and practitioners. There has been definite progress in a world in which blanket amnesties were at times granted with little hesitation. There is a growing understanding that accountability has both pragmatic and principled arguments in its favor. Practical arguments as much as shifts in norms have created a situation in which the choice is increasingly seen as "which forms of accountability" rather than a stark one between peace and justice. The Colombian Justice and Peace Law 975 and its implementation offer an interesting and unique approach to dealing with the international crimes committed in Colombia’s decades-long armed conflict. Yet, will this approach suffice with regard to Colombia’s obligations under international law to investigate and prosecute international crimes? Does it meet the standards of the ICC, which has been monitoring the Colombian situation for some time now? In particular, does it pass the complementarity test laid out in the ICC statute or will the ICC have to intervene in Colombia to enforce international criminal law?

Download or read book Criminal Law Making written by José Becerra and published by Springer Nature. This book was released on 2021-05-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.

Download or read book Criminal procedure reforms in Latin America written by Mauricio Duce and published by . This book was released on 2005 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Research Handbook on Plea Bargaining and Criminal Justice written by Máximo Langer and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.

Download or read book The Fictions of Latin American Law and their Strategic Uses written by Jorge L. Esquirol and published by Cambridge University Press. This book was released on 2019-11-21 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.

Download or read book Las reformas procesales penales en Am rica Latina written by Julio B. J. Maier and published by . This book was released on 2000 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparative Restorative Justice written by Theo Gavrielides and published by Springer Nature. This book was released on 2021-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.

Download or read book Crime Violence and Justice in Latin America written by Carlos Solar and published by Taylor & Francis. This book was released on 2022-12-23 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks why crime and violence persist in Latin America at extreme levels and why the states have not been able to more effectively solve this problem that dominates the lives of many millions of Latin Americans. Informed by diverse disciplinary backgrounds, the book brings together a team of regional experts to discuss research-based explanations on some of Latin America’s most pressing criminal and violent issues distressing the rule of law. First, it examines old and new forms of observing crime upon perpetrators and victimized communities. Second, it explores the geographies of urban and rural violence and the entangled politics following organized criminality. Third, it questions how the transfer of policy knowledge and expertise reshapes local security governance, and, more importantly, critically examines the problems in implementing foreign models and paradigms in the Latin American context. Finally, it exposes the everchanging scenario of policy-making and prosecuting crime and homicide. Crime, Violence, and Justice in Latin America provides new themes and novel trends on what crime and violence mean in the eyes of observers, perpetrators, policymakers, governmental officials, and victims. It is an important acquisition for policy makers and academics alike.

Download or read book Victims Rights in Flux Criminal Justice Reform in Colombia written by Astrid Liliana Sánchez-Mejía and published by Springer. This book was released on 2017-07-13 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim’s rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims’ rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims’ rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court’s doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims’ rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model—which conceived the criminal process as a competition between prosecution and defense—served to limit victim participation. This study examines how conceptions of victims’ rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims’ rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes that punitive approaches to victims’ rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims’ rights in Colombia.

Download or read book Punitivity Insecurity and punitiveness written by Helmut Kury and published by Brockmeyer Verlag. This book was released on 2011 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Policing Democracy written by Mark Ungar and published by JHU Press. This book was released on 2020-03-03 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Winner of the Charles H. Levine Memorial Book Prize of the International Political Science Association Latin America’s crime rates are astonishing by any standard—the region’s homicide rate is the world’s highest. This crisis continually traps governments between the need for comprehensive reform and the public demand for immediate action, usually meaning iron-fisted police tactics harking back to the repressive pre-1980s dictatorships. In Policing Democracy, Mark Ungar situates Latin America at a crossroads between its longstanding form of reactive policing and a problem-oriented approach based on prevention and citizen participation. Drawing on extensive case studies from Argentina, Bolivia, and Honduras, he reviews the full spectrum of areas needing reform: criminal law, policing, investigation, trial practices, and incarceration. Finally, Policing Democracy probes democratic politics, power relations, and regional disparities of security and reform to establish a framework for understanding the crisis and moving beyond it.

Download or read book Crime and Violence in Latin America written by H. Hugo Frühling and published by Woodrow Wilson Center Press. This book was released on 2003-06-02 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers timely discussion by attorneys, government officials, policy analysts, and academics from the United States and Latin America of the responses of the state, civil society, and the international community to threats of violence and crime.

Download or read book Lawyers and the Rule of Law in an Era of Globalization written by Yves Dezalay and published by Routledge. This book was released on 2011-01-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2011. Lawyers and the Rule of Law in an Era of Globalization focuses on the national and transnational processes transforming both the rule of law and the role of lawyers. The book draws on a framework that emphasizes the relationship between the national the international, the strategies of lawyers at various political levels, and the circulation of ideas and people. As such, it considers the 'rule of law', not as a normative ideal that has to be accomplished and realized, but rather as a field of action and discourse that emerges through complex relationships among experts, national elites and global institutions. Through detailed empirical work, the contributors all examine the relationship between law, politics and the state, focusing on lawyers and the social capital they possess and deploy, in order to understands the efficacy of the rule of law in different polities. This book will be invaluable for socio-legal scholars, students of the legal profession, as well as those with interests in law and development studies.

Download or read book Seeking Peace in El Salvador written by D. Negroponte and published by Springer. This book was released on 2012-01-17 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The resolution of the civil war in El Salvador coincided with the end of the Cold War. After two years of negotiations and a decade-long effort to implement the peace accords, this work examines how peace was made and whether it has endured.

Download or read book A World View of Criminal Justice written by Richard Vogler and published by Routledge. This book was released on 2017-03-02 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.