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.

With contributions from leading experts in the field, this timely Research Handbook reconsiders the theories, assumptions, values and methods of comparative criminal justice in light of the challenges and opportunities posed by globalisation, deglobalisation and transnationalisation.

This edited collection provides an in-depth account of the history of key developments in transnational criminal law. While the history of international criminal law is now a much written about topic, the origins of most modern transnational criminal laws are not well understood. Histories of Transnational Criminal Law provides for the first time a set of legal histories of state efforts to combat and cooperate against transnational crime. With contributions from a group of word-leading experts, this edited volume traverses a range of topics, beginning with the normative, intellectual, and institutional histories of transnational criminal law. It then moves to the histories of specific transnational crimes ranging across eras from piracy to cybercrime, and finishes by examining jurisdiction, modes of liability, different forms of procedural cooperation, and the predicament of the individual in transnational criminal law. The book highlights specific issues and how they have been resolved, in the loose assemblage of norms, institutions, and practices that constitutes transnational criminal law.

Symbolism and Politics is a timely intervention into ongoing debates around the function of political symbols in a historical period characterized by volatile electoral behaviour, fragmented societies in search of collective identifications, and increasingly polarized political models. Symbols are central features of organized human life, helping to define perception, shaping the way we view the world and understand what goes on within it. But, despite this key role in shaping understanding, there is never a single interpretation of a symbol that everyone within the community will accept, and the way in which symbols can mobilize antagonistic political factions demonstrates that they are as much a central element in power struggles as they are avenues to facilitate processes of identification. This dual potential is the object of discussion in the chapters of this book, which sheds new light on our understanding of the political function of symbols in a historical period. Symbolism and Politics will be of great interest to scholars working on Political Symbols, Nationalism, Regime Change and Political Transitions. The chapters originally published as a special issue of Politics, Religion & Ideology.

This book is the first systematic, interdisciplinary examination of the peace agreement signed between the Colombian Government and the Revolutionary Armed Forces of Colombia to end one of the largest and most violent conflicts in the Western Hemisphere. It discusses the achievements, failures, and challenges of this innovative peace agreement and its implications for Colombia’s future. Contributors include negotiators of the Agreement, judges of the Special Jurisdiction for Peace, representatives of the civil society, and leading academic experts in peace studies, human rights, international law, criminal law, transitional justice, political science, and philosophy. Based on the premise that peace is a form of transferable social knowledge, and therefore necessitates transformative social learning, the volume also discusses what other countries can learn from the Colombian experience. This book will be of much interest to students of peace and conflict studies, transitional justice, Latin American politics, human rights, civil wars and International Relations.

Utilizing case studies of seven Latin American countries, this book reassesses the role of legal institutions in the politics of the region.

Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.

The Handbook on Pretrial Justice covers the front end of the criminal legal system from pretrial diversion to pretrial detention or release. Often overlooked, the decisions made at the earliest phases of the criminal legal system have huge implications for defendants and their families, the community, and the system itself, and impact the entire criminal legal system. This collection of essays and reports of original research explores the complexities of pretrial decisions and practices and includes chapters in the following broad areas: the consequences of detention, pretrial decision-making, community supervision, and risk assessment. The book also includes a section looking at pretrial justice outside of the U.S. Each chapter summarizes what is known, identifies the gaps in the research, and discusses the theoretical, empirical, and policy implications of the research findings. This is Volume 6 of the American Society of Criminology’s Division on Corrections and Sentencing handbook series. The handbooks provide in-depth coverage of seminal and topical issues around sentencing and correction for scholars, students, practitioners, and policymakers.

A new installment of the series of Interviews with Global Leaders in Policing, Courts, and Prisons, this book expands upon the criminal justice coverage of earlier volumes, offering the voices of 14 lawyers from 13 diverse locales, including countries in Africa, North America, South America, Europe, and the Asia-Pacific region. This book is intended for students and others focusing on law and legal studies, policing, psychology and law, criminology, justice studies, public policy, and for all those interested in the front lines of legal change around the world. Featuring versatile chapters perfect for individual use or as part of a collection, this volume offers a personal approach to the legal world for students and experienced professionals.

In 2000, the U.S. passed a major aid package that was going to help Colombia do it all: cut drug trafficking, defeat leftist guerrillas, support peace, and build democracy. More than 80% of the assistance, however, was military aid, at a time when the Colombian security forces were linked to abusive, drug-trafficking paramilitary forces. Drugs, Thugs, and Diplomats examines the U.S. policymaking process in the design, implementation, and consequences of Plan Colombia, as the aid package came to be known. Winifred Tate explores the rhetoric and practice of foreign policy by the U.S. State Department, the Pentagon, Congress, and the U.S. military Southern Command. Tate's ethnography uncovers how policymakers' utopian visions and emotional entanglements play a profound role in their efforts to orchestrate and impose social transformation abroad. She argues that U.S. officials' zero tolerance for illegal drugs provided the ideological architecture for the subsequent militarization of domestic drug policy abroad. The U.S. also ignored Colombian state complicity with paramilitary brutality, presenting them as evidence of an absent state and the authentic expression of a frustrated middle class. For rural residents of Colombia living under paramilitary dominion, these denials circulated as a form of state terror. Tate's analysis examines how oppositional activists and the policy's targets—civilians and local state officials in southern Colombia—attempted to shape aid design and delivery, revealing the process and effects of human rights policymaking.