{"title":"阿根廷的刑事司法改革、未经审判的定罪和刑事法官的作用","authors":"Máximo Sozzo","doi":"10.1111/hojo.12591","DOIUrl":null,"url":null,"abstract":"<p>This article addresses the role of criminal judges in mechanisms of conviction without trial that have spread in recent decades in Latin America, in the context of criminal justice reforms towards an adversarial model. These mechanisms in the region are the result of a complex translation of plea bargaining from USA legal tradition which included adaptations and innovations. One of those is a strongly active and interventionist role for the criminal judge in ‘law in books’. However, through empirical research in the Province of Santa Fe (Argentina), this article shows how a judicial practice of routine and fast ‘homologation’ of agreements is effectively structured in ‘law in action’. This role implies a sort of deresponsibilisation in relation to the exercise of the power to punish, in stark contrast with the inquisitorial model, precisely in a warm climate of strong public distrust and criticism of state crime control institutions.</p>","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"64 2","pages":"252-270"},"PeriodicalIF":0.0000,"publicationDate":"2025-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Criminal justice reform, conviction without trial and the role of the criminal judge in Argentina\",\"authors\":\"Máximo Sozzo\",\"doi\":\"10.1111/hojo.12591\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>This article addresses the role of criminal judges in mechanisms of conviction without trial that have spread in recent decades in Latin America, in the context of criminal justice reforms towards an adversarial model. These mechanisms in the region are the result of a complex translation of plea bargaining from USA legal tradition which included adaptations and innovations. One of those is a strongly active and interventionist role for the criminal judge in ‘law in books’. However, through empirical research in the Province of Santa Fe (Argentina), this article shows how a judicial practice of routine and fast ‘homologation’ of agreements is effectively structured in ‘law in action’. This role implies a sort of deresponsibilisation in relation to the exercise of the power to punish, in stark contrast with the inquisitorial model, precisely in a warm climate of strong public distrust and criticism of state crime control institutions.</p>\",\"PeriodicalId\":37514,\"journal\":{\"name\":\"Howard Journal of Crime and Justice\",\"volume\":\"64 2\",\"pages\":\"252-270\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2025-01-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Howard Journal of Crime and Justice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/hojo.12591\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Howard Journal of Crime and Justice","FirstCategoryId":"1085","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/hojo.12591","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Criminal justice reform, conviction without trial and the role of the criminal judge in Argentina
This article addresses the role of criminal judges in mechanisms of conviction without trial that have spread in recent decades in Latin America, in the context of criminal justice reforms towards an adversarial model. These mechanisms in the region are the result of a complex translation of plea bargaining from USA legal tradition which included adaptations and innovations. One of those is a strongly active and interventionist role for the criminal judge in ‘law in books’. However, through empirical research in the Province of Santa Fe (Argentina), this article shows how a judicial practice of routine and fast ‘homologation’ of agreements is effectively structured in ‘law in action’. This role implies a sort of deresponsibilisation in relation to the exercise of the power to punish, in stark contrast with the inquisitorial model, precisely in a warm climate of strong public distrust and criticism of state crime control institutions.
期刊介绍:
The Howard Journal of Crime and Justice is an international peer-reviewed journal committed to publishing high quality theory, research and debate on all aspects of the relationship between crime and justice across the globe. It is a leading forum for conversation between academic theory and research and the cultures, policies and practices of the range of institutions concerned with harm, security and justice.