A critical analysis of the political, judicial & US influences on the ‘success’ of the transition from inquisitorial to adversarial justice in Colombia

Brooking-pelham, Michelle (2015) A critical analysis of the political, judicial & US influences on the ‘success’ of the transition from inquisitorial to adversarial justice in Colombia. MSc dissertation, University of Portsmouth.

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    Abstract

    This dissertation examines political, judicial and US influences on the transition from an inquisitorial to adversarial criminal justice system in Colombia. It commenced in the early 1990's as a result of a swingeing judicial reform to combat political interference in the judiciary that ultimately led to accusations of corruption. The most significant contributor to assist in this reform was the United States (US), in conjunction with the Government of Colombia, through a major reform package initiated in 2000 funded by the US and called Plan Colombia (PC).
    This dissertation will examine and analyse these three key influences through a literature review from the period 1991 to 2013. Firstly an evaluation of the extent to which political and judicial factors (including corruption) have impacted upon the transition from inquisitorial to adversarial. Secondly an analysis of literature, examining to what extent US influence through PC has played a role in the successful transition, as literature would indicate that it has. The ultimate aim being an assessment as to whether the transition from an inquisitorial to adversarial judicial system has been a success and whether the Colombian judiciary are 'fit for purpose'.
    Although one could argue that academics assess that the transition has been a failure and in part is due, not to the injection of funding amounting to billions of dollars, but the conflict that existed from the influencing external factors. This includes the Colombian peoples’ perception of their judicial system and an unwillingness to adopt the accusatorial system. However, US reporting indicates that through PC significant achievements have taken place although it has taken longer than originally expected. The review will debate whether the reporting of statistics and funding has provided evidence of an improvement in the transition.
    Some 20 years on since the transition started, literature indicates that transition from inquisitorial to adversarial has been affected by the political, judicial and US influences as it is, in fact, still ongoing.

    Item Type: Dissertation
    Departments/Research Groups: Faculty of Humanities and Social Sciences > Institute of Criminal Justice Studies
    Depositing User: Jane Polwin
    Date Deposited: 22 Feb 2016 11:29
    Last Modified: 22 Feb 2016 11:29
    URI: http://eprints.port.ac.uk/id/eprint/19848

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