The Judicial Response to Police Killings in Latin America

The Judicial Response to Police Killings in Latin America PDF

Author: Daniel M. Brinks

Publisher: Cambridge University Press

Published: 2007-10-22

Total Pages: 11

ISBN-13: 113946650X

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This book documents the corrosive effect of social exclusion on democracy and the rule of law. It shows how marginalization prevents citizens from effectively engaging even the best legal systems, how politics creeps into prosecutorial and judicial decision making, and how institutional change is often nullified by enduring contextual factors. It also shows how some institutional arrangements can overcome these impediments. The argument is based on extensive field work and original data on the investigation and prosecution of more than 500 police homicides in five legal systems in Argentina, Brazil, and Uruguay. It includes both qualitative analyses of individual violations and prosecutions and quantitative analyses of broad patterns within and across jurisdictions. The book offers a structured comparison of police, prosecutorial, and judicial institutions in each location, and shows that analyses of any one of these organizations in isolation misses many of the essential dynamics that underlie an effective system of justice.

Policing Democracy

Policing Democracy PDF

Author: Mark Ungar

Publisher: JHU Press

Published: 2020-03-03

Total Pages: 387

ISBN-13: 1421429403

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2011 Winner of the Charles H. Levine Memorial Book Prize of the International Political Science Association Latin America’s crime rates are astonishing by any standard—the region’s homicide rate is the world’s highest. This crisis continually traps governments between the need for comprehensive reform and the public demand for immediate action, usually meaning iron-fisted police tactics harking back to the repressive pre-1980s dictatorships. In Policing Democracy, Mark Ungar situates Latin America at a crossroads between its longstanding form of reactive policing and a problem-oriented approach based on prevention and citizen participation. Drawing on extensive case studies from Argentina, Bolivia, and Honduras, he reviews the full spectrum of areas needing reform: criminal law, policing, investigation, trial practices, and incarceration. Finally, Policing Democracy probes democratic politics, power relations, and regional disparities of security and reform to establish a framework for understanding the crisis and moving beyond it.

Authoritarian Police in Democracy

Authoritarian Police in Democracy PDF

Author: Yanilda María González

Publisher: Cambridge University Press

Published: 2020-11-12

Total Pages: 375

ISBN-13: 1108900380

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In countries around the world, from the United States to the Philippines to Chile, police forces are at the center of social unrest and debates about democracy and rule of law. This book examines the persistence of authoritarian policing in Latin America to explain why police violence and malfeasance remain pervasive decades after democratization. It also examines the conditions under which reform can occur. Drawing on rich comparative analysis and evidence from Brazil, Argentina, and Colombia, the book opens up the 'black box' of police bureaucracies to show how police forces exert power and cultivate relationships with politicians, as well as how social inequality impedes change. González shows that authoritarian policing persists not in spite of democracy but in part because of democratic processes and public demand. When societal preferences over the distribution of security and coercion are fragmented along existing social cleavages, politicians possess few incentives to enact reform.

Representation and Effectiveness in Latin American Democracies

Representation and Effectiveness in Latin American Democracies PDF

Author: Moira B. MacKinnon

Publisher: Routledge

Published: 2014-03-14

Total Pages: 330

ISBN-13: 1135935815

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Legislatures, the judiciary and civil society are important actors in representative democracies. In what ways and how well do they represent? And how effectively do they carry out their institutional and social roles? Both questions refer to the key dimensions of democracy analyzed in this book: representativeness and effectiveness, respectively. While they have been developed separately in scholarly work on institutions and regimes, there is little work considering them simultaneously, and on their interaction. Using quantitative and/or qualitative methods, contributions from top scholars in the field of legislatures, the judiciary and civil society examine these two concepts and their relationships in four Latin American countries: Argentina, Brazil, Chile, and Mexico. Designed to guide the reader through the complexities of this debate, each expert engages in a larger set of theoretical debates about different approaches to representation in each sphere. In doing so, they debate how effectively these spheres carry out their roles in each country: whether a congress is institutionalized, its accountability, and its performance as a lawmaker; whether a judicial system is independent, carries out oversight, and protects citizen rights; and the role of civil society in a representative democracy. Representation and Effectiveness in Latin American Democracies is a timely and welcomed contribution to the to the growing debate about the quality of democracy in Latin America, and the developing world more generally.

Tax Evasion and the Rule of Law in Latin America

Tax Evasion and the Rule of Law in Latin America PDF

Author: Marcelo Bergman

Publisher: Penn State Press

Published: 2015-08-26

Total Pages: 168

ISBN-13: 0271073640

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Few tasks are as crucial for the future of democracy in Latin America—and, indeed, in other underdeveloped areas of the world—as strengthening the rule of law and reforming the system of taxation. In this book, Marcelo Bergman shows how success in getting citizens to pay their taxes is related intimately to the social norms that undergird the rule of law. The threat of legal sanctions is itself insufficient to motivate compliance, he argues. That kind of deterrence works best when citizens already have other reasons to want to comply, based on their beliefs about what is fair and about how their fellow citizens are behaving. The problem of "free riding," which arises when cheaters can count on enough suckers to pay their taxes so they can avoid doing so and still benefit from the government’s supply of public goods, cannot be reversed just by stringent law, because the success of governmental enforcement ultimately depends on the social equilibrium that predominates in each country. Culture and state effectiveness are inherently linked. Using a wealth of new data drawn from his own multidimensional research involving game theory, statistical models, surveys, and simulations, Bergman compares Argentina and Chile to show how, in two societies that otherwise share much in common, the differing traditions of rule of law explain why so many citizens evade paying taxes in Argentina—and why, in Chile, most citizens comply with the law. In the concluding chapter, he draws implications for public policy from the empirical findings and generalizes his argument to other societies in Africa, Asia, and Eastern Europe.