Prosecutorial Accountability and Victims' Rights in Latin America
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- Author: Verónica Michel, John Jay College of Criminal Justice, City University of New York
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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.Read more
- Offers the first detailed evidence-based study of the right to private prosecution in Latin America, and its impact on access to justice
- Focuses on violations to the right to a judicial remedy in homicide cases, comparing the experience of victims of crimes and victims of human rights abuses
- Argues that procedural rights and the criminal justice system can work in favor of victims
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- Date Published: January 2018
- format: Adobe eBook Reader
- isbn: 9781108390132
- contains: 10 b/w illus. 27 tables
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
Introduction: private prosecution, access to justice, and rule of law
1. Private prosecution as an accountability tool
2. Private prosecution as a victim's right in Latin America
3. David and Goliath: private prosecution in Guatemala
4. Against oblivion: private prosecution in Chile
5. Discovering the power of rights: private prosecution in Mexico
Conclusions: prosecutorial accountability and rule of law from below.
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