Victims’ Rights in Flux: Criminal Justice Reform in Colombia

Astrid Liliana Sánchez-Mejía (Autor)

Buch | Hardcover

XXVII, 265 Seiten

2017 | 1st ed. 2017
Springer International Publishing (Verlag)
978-3-319-59851-2 (ISBN)

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Contributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim's rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims' rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims' rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court's doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims' rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model-which conceived the criminal process as a competition between prosecution and defense-served to limit victim participation. This study examines how conceptions of victims' rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims' rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes thatpunitive approaches to victims' rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims' rights in Colombia.

Astrid Liliana Sanchez Mejia is a Professor of Law at Javeriana University (Colombia). Her research focuses on criminal justice, human rights, and violence against women. She earned her Doctor of Juridical Science (S.J.D.) degree from UCLA, her LL.M. in Legal Theory from NYU, her Master of Laws from Los Andes University (Colombia), and her law degree from Javeriana University. She was a recipient of the Fulbright Fellowship, the Colciencias Fellowship, the Dean’s Tuition Fellowship at UCLA School of Law, and the International Fellowship of the American Association of University Women (AAUW). Professor Sanchez Mejia has taught at various universities and training centers for state representatives in Colombia and Latin America.

Chapter 1. The Expansion of Rights of Crime Victims in the Context of the 1991 Constitution.- Chapter 2. (Un)protecting Victims' Rights in the Colombian Criminal Justice Reform of the Early 2000s.- Chapter 3. Reactions to the Regulation on Victims of the 2004 CPC: Challenges, Adjustments, and Punitive Counterreforms.- Chapter 4. Assessing the Effects of the 2004 CPC on Victim's Rights Data.

Erscheinungsdatum	01.08.2017
Reihe/Serie	Ius Gentium: Comparative Perspectives on Law and Justice
Zusatzinfo	XXVII, 265 p. 42 illus.
Verlagsort	Cham
Sprache	englisch
Maße	155 x 235 mm
Gewicht	608 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht
	Recht / Steuern ► Strafrecht
	Sozialwissenschaften ► Politik / Verwaltung
Schlagworte	Adversarial System • Comparative Criminal Justice • Constitutional & administrative law: general • Constitutional & administrative law: general • constitutional law • Crime & criminology • Crime & criminology • Criminal Justice Reform • Criminal Law • Criminal law: procedure & offences • Criminal law: procedure & offences • Ein-Chip-Mikrocomputer • Human Rights • Human Rights and Crime • Human rights, civil rights • Human Rights Violations • 'Lauschangriff' 2 • Law • Law and Criminology • .NET • .NET Collections • .NET Compact Framework • .NET Enterprise Servers • .NET Framework • 'N Sync (Pop-Gruppe) • politics & government • Politics & government • Punitive Counterreforms • Restorative Justice • Social Justice, Equality and Human Rights • 'Unter den Linden' (Friedhof) Reutlingen • Victim participation • victims' rights • Victims’ Rights • Violence Against Women
ISBN-10	3-319-59851-1 / 3319598511
ISBN-13	978-3-319-59851-2 / 9783319598512
Zustand	Neuware