Envisioning Reform: Conceptual and Practical Obstacles to Improving Judicial Performance in Latin America
Judicial reform became an important part of the agenda for development in Latin America early in the 1980s, when countries in the region started the process of democratization. Connections began to be made between judicial performance and market-based growth, and development specialists turned their attention to “second generation” institutional reforms. Although considerable progress has been made already in strengthening the judiciary and its supporting infrastructure (police, prosecutors, public defense counsel, the private bar, law schools, and the like), much remains to be done.
Linn Hammergren’s book aims to turn the spotlight on the problems in the movement toward judicial reform in Latin America over the past two decades and to suggest ways to keep the movement on track toward achieving its multiple, though often conflicting, goals. After Part I’s overview of the reform movement’s history since the 1980s, Part II examines five approaches that have been taken to judicial reform, tracing their intellectual origins, historical and strategic development, the roles of local and international participants, and their relative success in producing positive change. Part III builds on this evaluation of the five partial approaches by offering a synthetic critique aimed at showing how to turn approaches into strategies, how to ensure they are based on experiential knowledge, and how to unite separate lines of action.
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a longer-standing interest in adopting more accusatory procedures, which the proponents believed were more respectful of due process rights than the existing inquisitorial systems.25 Allowing for variations of detail, the traditional ...
These included training programs, the creation of new organizations (public defense and prosecution), restructuring and reorientation of existing ones (the courts, police, and, where they already were present, public ministries ...
Its proponents are attempting to eliminate weaknesses in existing practices, often with far less clarity as to what they will substitute. Much of the Latin American judicial reform movement can be interpreted in this fashion.
drug trafficking, terrorism, and rampant corruption in the closing decades of the twentieth century, the existing system only generated more abuses and fewer completed cases. The law, existing practices, and the criminal justice ...
They were very knowledgeable about the content of a variety of existing codes but had never participated in the practices ordered by any of them. Hence, their ability to determine what “worked” and why was severely constrained, ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010