The Resource Victims' rights in flux : criminal justice reform in Colombia, Astrid Liliana Sánchez-Mejía

Victims' rights in flux : criminal justice reform in Colombia, Astrid Liliana Sánchez-Mejía

Label
Victims' rights in flux : criminal justice reform in Colombia
Title
Victims' rights in flux
Title remainder
criminal justice reform in Colombia
Statement of responsibility
Astrid Liliana Sánchez-Mejía
Creator
Subject
Language
eng
Summary
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 that punitive 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.--
Member of
Assigning source
Provided by publisher
Cataloging source
EBLCP
http://library.link/vocab/creatorName
Sánchez-Mejía, Astrid Liliana
Index
no index present
LC call number
  • KHH5404
  • K1-7720
LC item number
.S26 2017
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
Series statement
Ius Gentium: Comparative Perspectives on Law and Justice
Series volume
v. 62
http://library.link/vocab/subjectName
  • Justice, Administration of
  • Law reform
  • Victims of crimes
  • Constitutional law
  • LAW
  • Crime & criminology
  • Criminal law & procedure
  • Politics & government
  • Constitutional & administrative law
  • Human rights
  • Victims of crimes
  • Law reform
  • Justice, Administration of
  • Constitutional law
  • Colombia
Label
Victims' rights in flux : criminal justice reform in Colombia, Astrid Liliana Sánchez-Mejía
Instantiates
Publication
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • Foreword; Acknowledgements; Contents; Abbreviations; Introduction; Goals of this Book; Organization of this Book; 1 The Expansion of Rights of Crime Victims in the Context of the 1991 Constitution; Abstract; 1.1 The 1991 Constitution: Responding to Violence and Reinforcing Human Rights; 1.2 The "Quasi-Accusatorial" Criminal Justice Model in the 1991 Constitution; 1.2.1 The Civil Party in the Quasi-Accusatorial Criminal Procedure Codes (1991 and 2000); 1.3 The Constitutional Court and the Expansion of Victims' Rights in the Criminal Process; 1.3.1 International Recognition of Victims' Rights
  • 1.3.1.1 Recognizing Victims' Rights in the United Nations System; 1.3.1.2 Victims' Rights in the International Criminal Court (ICC); 1.3.1.3 Victims' Rights and the Inter-American System of Human Rights; 1.3.2 Constitutional Court Jurisprudence Before 2001: Between a Broad Conception of the Civil Party and a Traditional Conception of the Civil Party; 1.3.2.1 Justices in the Constitutional Court; 1.3.2.2 Early Attempts to Incorporate a Broad Conception of the Civil Party; 1.3.2.3 Preserving a Traditional Conception of Civil Party (Judgment C-293 of 1995)
  • 1.3.3 Constitutional Court in the Early 2000s: Rethinking the Civil Party and Expanding Victims' Rights; 1.3.4 New Justices in the Constitutional Court; 1.3.4.1 Rethinking the Civil Party (Judgment C-228 of 2002); 1.3.4.2 Expanding the Collective Civil Party (Judgment T-249 of 2003); 2 (Un)Protecting Victims' Rights in the Colombian Criminal Justice Reform of the Early 2000s; Abstract; 2.1 Context of the Criminal Justice Reform of the Early 2000s; 2.1.1 Key Actors in the Process of Reform of the Early 2000s and their Symbolic and Legal Capital
  • 2.1.2 The Agendas of Jaime Granados and Julio Sampedro; 2.1.2.1 Jaime Granados: Accusatorial/Adversarial System; 2.1.2.2 Julio Sampedro: A Preferential Option for Victims in the Criminal Process; 2.2 The 2002 Constitutional Reform; 2.3 Criminal Procedure Code of 2004; 2.3.1 Victims in the Criminal Procedure Code of 2004 (Law 906); 2.3.1.1 Defining the Victim: A Restricted Concept; 2.3.1.2 Victims' Rights as Imprecise Standards; 2.3.1.3 The Role of Victims in the Criminal Process: Limited Participatory Rights; 2.3.1.4 (Un)Protecting the Right to Comprehensive Reparation
  • 2.4 The Gap Between the Promise of Broad Protection of Victims as Active Protagonists and the Role of Victims Actually Established; 3 Reactions to the Regulation on Victims of the 2004 CPC: Challenges, Adjustments, and Punitive Counterreforms; Abstract; 3.1 Colombian Political Context in the Last Decade: From Uribe to Santos, Continuities and Discontinuities; 3.2 Pro-victims' Rights Challenges to the Constitutionality of the 2004 CPC and Transitional Justice Legislation
  • 3.2.1 Initial Rulings About the Constitutionality of the 2004 CPC: Reiterating and Developing Its Precedent on Victims' Rights (2005-2006)
Dimensions
unknown
Extent
1 online resource
Form of item
online
Isbn
9783319598529
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
SpringerLink
Specific material designation
remote
System control number
  • (OCoLC)994838241
  • (OCoLC)ocn994838241
Label
Victims' rights in flux : criminal justice reform in Colombia, Astrid Liliana Sánchez-Mejía
Publication
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • Foreword; Acknowledgements; Contents; Abbreviations; Introduction; Goals of this Book; Organization of this Book; 1 The Expansion of Rights of Crime Victims in the Context of the 1991 Constitution; Abstract; 1.1 The 1991 Constitution: Responding to Violence and Reinforcing Human Rights; 1.2 The "Quasi-Accusatorial" Criminal Justice Model in the 1991 Constitution; 1.2.1 The Civil Party in the Quasi-Accusatorial Criminal Procedure Codes (1991 and 2000); 1.3 The Constitutional Court and the Expansion of Victims' Rights in the Criminal Process; 1.3.1 International Recognition of Victims' Rights
  • 1.3.1.1 Recognizing Victims' Rights in the United Nations System; 1.3.1.2 Victims' Rights in the International Criminal Court (ICC); 1.3.1.3 Victims' Rights and the Inter-American System of Human Rights; 1.3.2 Constitutional Court Jurisprudence Before 2001: Between a Broad Conception of the Civil Party and a Traditional Conception of the Civil Party; 1.3.2.1 Justices in the Constitutional Court; 1.3.2.2 Early Attempts to Incorporate a Broad Conception of the Civil Party; 1.3.2.3 Preserving a Traditional Conception of Civil Party (Judgment C-293 of 1995)
  • 1.3.3 Constitutional Court in the Early 2000s: Rethinking the Civil Party and Expanding Victims' Rights; 1.3.4 New Justices in the Constitutional Court; 1.3.4.1 Rethinking the Civil Party (Judgment C-228 of 2002); 1.3.4.2 Expanding the Collective Civil Party (Judgment T-249 of 2003); 2 (Un)Protecting Victims' Rights in the Colombian Criminal Justice Reform of the Early 2000s; Abstract; 2.1 Context of the Criminal Justice Reform of the Early 2000s; 2.1.1 Key Actors in the Process of Reform of the Early 2000s and their Symbolic and Legal Capital
  • 2.1.2 The Agendas of Jaime Granados and Julio Sampedro; 2.1.2.1 Jaime Granados: Accusatorial/Adversarial System; 2.1.2.2 Julio Sampedro: A Preferential Option for Victims in the Criminal Process; 2.2 The 2002 Constitutional Reform; 2.3 Criminal Procedure Code of 2004; 2.3.1 Victims in the Criminal Procedure Code of 2004 (Law 906); 2.3.1.1 Defining the Victim: A Restricted Concept; 2.3.1.2 Victims' Rights as Imprecise Standards; 2.3.1.3 The Role of Victims in the Criminal Process: Limited Participatory Rights; 2.3.1.4 (Un)Protecting the Right to Comprehensive Reparation
  • 2.4 The Gap Between the Promise of Broad Protection of Victims as Active Protagonists and the Role of Victims Actually Established; 3 Reactions to the Regulation on Victims of the 2004 CPC: Challenges, Adjustments, and Punitive Counterreforms; Abstract; 3.1 Colombian Political Context in the Last Decade: From Uribe to Santos, Continuities and Discontinuities; 3.2 Pro-victims' Rights Challenges to the Constitutionality of the 2004 CPC and Transitional Justice Legislation
  • 3.2.1 Initial Rulings About the Constitutionality of the 2004 CPC: Reiterating and Developing Its Precedent on Victims' Rights (2005-2006)
Dimensions
unknown
Extent
1 online resource
Form of item
online
Isbn
9783319598529
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
SpringerLink
Specific material designation
remote
System control number
  • (OCoLC)994838241
  • (OCoLC)ocn994838241

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