UID:
almafu_9960117942102883
Format:
1 online resource (xvi, 229 pages) :
,
digital, PDF file(s).
ISBN:
1-108-38653-9
,
1-108-38003-4
,
1-108-39013-7
Content:
The responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.
Note:
Title from publisher's bibliographic system (viewed on 05 Jan 2018).
,
Cover; Half Title; Title page; Imprints page; Dedication; Contents; List of Figures; List of Tables; Acknowledgments; Introduction Private Prosecution, Access to Justice, and Rule of Law; Legal Opportunity Structure and Prosecutorial Accountability; Private Prosecution in a Nutshell; Overview of the Argument; Data and Methodology; Outline of the Book; 1 Private Prosecution as an Accountability Tool; Private Prosecution and the Sovereign Modern State; Private Prosecution as an Accountability Mechanism; Conditions behind the Use of Private Prosecution. Building the Rule of Law from Below (and Abroad)Conclusion; 2 Private Prosecution as a Victim's Right in Latin America; The Historical Seeds of Private Prosecution in Latin America; The Victim's; Rights Movement and Its Impact on International and Domestic Law; Expanding Victim; Rights in Latin America; Criminal Procedure Reforms in Latin America; The Current Scope of Victim; Rights in Latin America; The Diffusion of Victim; Rights in the Region; Conclusion; 3 David and Goliath; Democratic Transition and Judicial Reform in Guatemala; Criminal Justice Reform in Guatemala. Victim; Rights in Guatemalan Criminal ProcedurePrivate Prosecution as a Tool against State Terror; Fighting for Justice after Democratization; Strategic Conversion: Using Old Rules in New Ways; Demonstration Effects of Private Prosecution; Sins of Omission: The Never-Ending Cycle of Violence and Impunity; Tales of Despair from Two Courts in Guatemala City; Tales of Hope from Below (and Abroad); Building the Rule of Law: One Appeal at a Time; Conclusion; 4 Against Oblivion; Democratic Transition and Criminal Justice Reform; Criminal Justice Reform in Chile; Victim; Rights in Chile Today. Sins of Commission and Prosecutorial Accountability; Breaking Walls of Impunity through Legal Argumentation; Against Oblivion and Impunity; Private Prosecution and the State vs. the State; Private Prosecution as a Right; Private Prosecution and Its Vast Support Network; Improving Quality; of Access to Justice; Conclusion; 5 Discovering the Power of Rights; The Judicial System and the Transition to Democracy in Mexico; Impunity in an Era Lacking Victim; Rights; Discovering Rights: The Experience of Private Prosecution in Chihuahua. Victim; Rights and Judicial Reform in Chihuahua; The Power of Rights Where Lawlessness Rules; The Emergence of a Support Structure for Grassroots Litigation; The Impact of Grassroots Litigation Efforts; Against All Odds, Betting on the Rule of Law; Conclusion; Conclusions: Prosecutorial Accountability and Rule of Law from Below; References; Annex 1 Participation Rights for Victims by Legal System; Annex 2 Rights of the Victim in Latin American Criminal Procedure Codes; Annex 3 Private Prosecution Rights in Latin America by Country; Annex 4 Sample Methodology of Homicide Cases in Guatemala
Additional Edition:
ISBN 1-108-43451-7
Additional Edition:
ISBN 1-108-42204-7
Language:
English
URL:
Volltext
(lizenzpflichtig)
