Envisioning Reform: Conceptual and Practical Obstacles to Improving Judicial Performance in Latin AmericaJudicial 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. |
From inside the book
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... countries it has even been suggested as a mechanism for resolving human rights cases. Although first strongly resisted by judicial and legal actors, adr has gained dramatically in popularity in the past ten years.48 Many judiciaries ...
... countries, the process was less complex and enjoyed fewer safeguards than in the continental system. The duties of the prosecution (public ministry), instructional and sentencing judges tended to be handled by a single judicial actor ...
... countries with jury trials for some offenses. It was not uncommon for judges to fall asleep during the presentations or step out of the courtroom to relieve their boredom. In short, the usual Latin American practices deviated from the ...
... countries appear to do so routinely, relying on the exception provided for criminals apprehended in flagranti. A few countries (Peru until the turn of the century, Argentina at the federal level and in many provinces) retain an ...
... countries have introduced some sort of modified code.27 Most are in the early stages of implementation. Chile, for example, only put the new procedures into effect in two of its regions in 2001, planning to continue by adding regions ...
Other editions - View all
Envisioning Reform: Improving Judicial Performance in Latin America Linn Hammergren Limited preview - 2010 |
Envisioning Reform: Improving Judicial Performance in Latin America Linn A. Hammergren No preview available - 2007 |