Full Description
The responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.
Contents
Introduction: private prosecution, access to justice, and rule of law; 1. Private prosecution as an accountability tool; 2. Private prosecution as a victim's right in Latin America; 3. David and Goliath: private prosecution in Guatemala; 4. Against oblivion: private prosecution in Chile; 5. Discovering the power of rights: private prosecution in Mexico; Conclusions: prosecutorial accountability and rule of law from below.
