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- Title
Acción y representación: indicadores de desempeño de la defensa en una muestra de audiencias de control de garantías en Colombia.
- Authors
Rengifo, Andrés F.; Marmolejo, Lina
- Abstract
The judicial reforms of Latin America have transformed the form and substance of criminal justice administration. However, little is known about its concrete impact in terms of the preliminary disposition of cases and the performance of justice operators. This work contributes to the debate on the “quality” standards in the defense service, through an empirical analysis of a sample of preliminary hearings observed directly and randomly in two cities of Colombia (n=330). In particular, it describes the defendant’s type of legal assistance -public or private- as well as five indicators of service performance: Influence (favorability of the resolution); Visibility (intervention time); Specificity (definition of request), Depth (number of arguments used); and Controversy (use of debate/appeal). Results show that performance of the defense varies across these proposed dimensions and it is less influential when it comes to dealing with violent crimes, and when its performance in the courtroom is less visible, less controversial and more specific. In other words, the likelihood of judicial adoption of the requests made by the defense reflects in part of its own professional performance and case strategy (e.g., intervention time, nature of the request made, and limited use of appeals/debates).
- Subjects
BOGOTA (Colombia); LATIN America; COLOMBIA; CRIMINAL justice system; VIOLENT crimes; LEGAL services; JUDICIAL reform; CASE disposition
- Publication
Latin American Law Review, 2020, Issue 4, p1
- ISSN
2619-4880
- Publication type
Article
- DOI
10.29263/lar04.2020.01