Politics, Business & Culture in the Americas

Endnotes: [i]The Uphill Battle of Justice reform[/i]

Below are the endnotes from the Uphill Battle of Justice Reform by María Gracia Andía (Summer 2012 AQ).

1 Since Argentina is a federal country the reforms are introduced at the provincial level. The modifications introduced in 1998 were in the provinces of Buenos Aires and Córdoba.

2 In Bolivia, following the contra-reform movement of recent years, there have been several amendments to criminal legislation aimed at creating new crimes, increasing penalties and expanding the criteria for judges to apply preventive detention. Law 2494/2003 establishes the recurrence of a crime as a cause for preventive detention while Law 007/2010 expands the criteria for determining the risk of flight or obstruction of the process. In Chile, the apparently successful reform has experienced many changes and much criticism. In fact, Law 20.074 undoubtedly represents an attempt to reintroduce a regime in which release is automatically ruled out and preventive detention is extended.

3 Argentina and Mexico are federal countries with provinces or states having the right to pass procedural codes. For example, Buenos Aires, Argentina’s most populous province, enacted Law 11922 in 1998. Some provinces/states have fully implemented the adversarial system while others still use an inquisitorial system.

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