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.
... delays, bias, impunity, and, of course, various forms of corruption. 27. U.S. support began in Central America at the end of the various civil conflicts in that region. The first project was in El Salvador, where the murder of four ...
Resource constraints meant that most of this early work focused on the criminal courts where delays were seen as damaging to both human rights goals and the interest of combating crime. When the multilateral development banks (mdbs) ...
Most funds go to a construction proand secondarily to computer purchases, although the major justification is delay reduction. Another program with an Argentine provincial court is also financing a new courthouse.
... actors' entrance into judicial reform in general and in areas such as delay reduction and commercial law are only partly supported by the evidence and, whether supported or not, provide insufficient detail to guide program design.
opportunities to protest due process violations also enhanced the chances for creating more delay. In addition, some measures to improve criminal justice procedures (the use of abbreviated trials or plea bargaining) or enhance access ...
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Envisioning Reform: Improving Judicial Performance in Latin America
Limited preview - 2010