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
Results 6-10 of 82
... usually a lawyer) conducts the equivalent of the instrucción, in Brazil called the inquérito. This is used by the prosecutor (procurador or promotor) as the basis for the indictment. As compared to Spanish-speaking Latin America ...
... usually paid very poorly. For these reasons, corruption is a nearly universal problem, meaning that those with money to pay bribes can avoid any involvement while those without funds become the scapegoats. An antiquated tradition of ...
... usually classified into one or the other category seem equally vulnerable to similar problems, and their resolution appears to be independent of the specific legal tradition. Many due process rights were in fact added relatively ...
... usually established by the prosecutor or investigative judge's findings. France in fact, as the inquisitorial hold out, brings roughly 95 percent of its cases to some kind of oral hearing.55 In Great Britain, there is a tendency to ...
... usually in as bad, if not worse, shape and likewise must be improved if the new system is to work. Defense requires a less complex organization than the police or prosecution, but it does require one, with rules, policies, supervision ...
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 |