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Prosecutorial Accountability and Victims' Rights in Latin America
About This Book
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.
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Table of contents
- 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
- 1 Private Prosecution as an Accountability Tool
- 2 Private Prosecution as a Victim’s Right in Latin America
- 3 David and Goliath
- 4 Against Oblivion
- 5 Discovering the Power of Rights
- 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
- Annex 5 Sample Methodology of Homicide Cases in Chile
- Annex 6 Statistical Analyses of Murder Cases in Santiago, Chile
- Annex 7 Database of Homicide Cases in Chihuahua, Mexico
- Glossary
- Index