Patronage and Rationalization: Reform to Criminal Procedure and the Lower Courts in Chile

2017 ◽  
Vol 42 (02) ◽  
pp. 423-449 ◽  
Author(s):  
Jeanne Hersant
Keyword(s):  
Justice System ◽  
Frame Analysis ◽  
Criminal Procedure ◽  
Criminal Courts ◽  
Street Level ◽  
Santiago De Chile ◽  
Different Types ◽  
Lower Courts ◽  
Depth Interviews ◽  
Street Level Bureaucracy

This article analyzes how the lower criminal courts in Chile transitioned from an inquisitorial to an adversarial justice system between 2000 and 2005 as part of the Criminal Procedure Reform. Drawing on the frame analysis of the street-level bureaucracy and judicial ethnography, I examine the transition between two different types of judicial bureaucracy from the perspective of the actors who implemented the reform. The study is based on in-depth interviews with officials and judges of both inquisitorial and adversarial courts, administrative managers of the new courts, and actors who designed the administrative reorganization of lower criminal courts. The study involved a three-month, weekly observation in an inquisitorial court in Santiago de Chile. The article emphasizes the specificity of the Chilean judiciary, where both inquisitorial and adversarial criminal courts still coexist.

1. Introduction

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

1. Introduction

2019 ◽  
pp. 3-32
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

Misdemeanorland

2019 ◽  
Author(s):  
Issa Kohler-Hausmann
Keyword(s):  
New York ◽  
New York City ◽  
Criminal Justice ◽  
Social Control ◽  
York City ◽  
Justice System ◽  
Broken Windows ◽  
Criminal Courts ◽  
Penal State ◽  
Depth Interviews

In the early 1990s, New York City launched an initiative under the banner of Broken Windows policing to dramatically expand enforcement against low-level offenses. This is the first book to document the fates of the hundreds of thousands of people hauled into lower criminal courts as part of this policing experiment. Drawing on three years of fieldwork inside and outside of the courtroom, in-depth interviews, and analysis of trends in arrests and dispositions of misdemeanors going back three decades, the book shows how the lower reaches of our criminal justice system operate as a form of social control and surveillance, often without adjudicating cases or imposing formal punishment. It describes in harrowing detail how the reach of America's penal state extends well beyond the shocking numbers of people incarcerated in prisons or stigmatized by a felony conviction.

scholarly journals LEGAL TRUTH: THE CONFLICT BETWEEN REAL JUSTICE AND LEGAL JUSTICE

2008 ◽  
Author(s):  
Patrick Mayer
Keyword(s):  
Criminal Justice ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Courts ◽  
Philosophical Discussion ◽  
System A ◽  
Evidence Rules ◽  
South African Constitution ◽  
Law Of Evidence

The following article is a chapter taken from my dissertation, and as such needs to be situated for the reader. The dissertation is a philosophical discussion concerning the divergence between ‘legal truth’ and ‘factual truth’, practically illustrated by critically evaluating the effect that our law of evidence, criminal procedure as entrenched in the Criminal Procedure Act, and the evidentiary exclusion clause entrenched in section 35(5) of the South African Constitution have on the ultimate decision of the court. It argues that often these rules and procedures obscure the truth rather than assist in finding it. The crux of the discussion revolves around decisions of our criminal courts, where accused persons who are factually guilty are acquitted due to the operation of our evidence rules and procedures which call for the exclusion of evidence in specific instances or on technical grounds. The result of this exclusion is that relevant reliable evidence is deemed not to exist for the purposes of the trial, and evidence which might otherwise have lead to the conviction of the accused person is put beyond the reach of the courts. This article then deals specifically with the debate surrounding ‘what is justice?’; it looks at various concepts of justice and seeks to show that within the confines of our positivistic criminal justice system — a marriage between positive and natural law approaches — we might well be able to avoid decisions that are ‘legally correct’ yet offend one, as one cannot really say that justice was served.

1. Introduction

2021 ◽  
pp. 3-34
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

1. Introduction

2020 ◽  
pp. 3-34
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

1. Introduction

2016 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

1. Introduction

2017 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

“I Felt I Was Screaming Under the Water”: Domestic Violence Victims' Experiences in Iran's Police Departments and Criminal Courts

2021 ◽  
pp. 107780122110327
Author(s):  
Atieh Babakhani ◽  
Susan L. Miller
Keyword(s):  
Law Enforcement ◽  
Exploratory Study ◽  
Justice System ◽  
Future Research ◽  
Police Departments ◽  
Criminal Courts ◽  
Public And Private ◽  
The Family ◽  
Feminist Movements ◽  
Depth Interviews

This exploratory study, the first attempt at capturing the experiences of victims of DV with the criminal justice system in Iran, explores their plight in the absence of legislation that defines and criminalizes DV. Drawing on 15 in-depth interviews with Iranian women who turned to police departments and courts, we demonstrate the flaws inherent in Iran's judiciary and law enforcement organizations, suggesting they reinforce the integrity of the family as a patriarchal unit through readings of religious commands, stabilize the boundary between public and private, and dissuade women from claiming their rights. We provide suggestions for future research for reform, given the growing influence of feminist movements toward gender equality.

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