Italian Criminal Justice: Borrowing and Resistance

Grande, Elisabetta

doi:10.2307/840971

Cited by 53 publications

(19 citation statements)

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“…the Juvenile Court); the Court of Appeal; and the Court of Cassation, as a court of legitimacy that should provide for a consistent and uniform interpretation of the law. The responses have included several important reforms and the appointment of more judges, including a new penal procedure code in 1989 (Boari, 1997;Grande, 2000), the development of the Justice of Peace in 1995 (Varano, 1997), 12 and the establishment of the single judge court in the first instance 13 in 1999. Unlike the Anglo-American jurisdictions where a principle of opportunity prevails, Italy applies the principle of legality, which prescribes a criminal indictment if the prosecutor has reason to suppose a crime has been committed.…”

Section: Background (And Some Legal Principles)mentioning

confidence: 99%

Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation

Grembi

Garoupa

2013

HEPL

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Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

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Section: Background (And Some Legal Principles)mentioning

confidence: 99%

Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation

Grembi

Garoupa

2013

HEPL

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“…100 Desafortunadamente, nunca se le dedica atención al hecho de que únicamente una minoría muy pequeña de acusados terminará en un juicio y por lo tanto gozará de tales garantías. 101 La mayoría de los acusados, abrumados por el poder superior del acusador en lo económico y en lo político, se declara culpable a cambio de una sentencia reducida. artículos han señalado la reacción rápida y efectiva del sistema para enfrentar una aberración alegando que la aparición del escándalo es prueba de que el mercado provee soluciones automáticas.…”

Section: Auge Y Caida Del Enfoque "Derecho Y Economía"unclassified

Auge y caída del enfoque “Derecho y Economía”

Mattei

2010

PRECEDENTE

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“…While reforms to implement adversarial systems had previously been implemented in several European countries (such as Portugal (Eser, 1996) or Italy (Grande, 2000)), and more profound managerial reforms to reduce or eradicate backlog had been conducted in other jurisdictions (notably Singapore (Malik, 2007)), the reforms of the CPC in Latin America marked the start of a policy of democratisation by strengthening criminal justice institutions in the Americas (McLeod, 2010).…”

Section: Introductionmentioning

confidence: 99%

Reformers' unfulfilled promises: accountability deficits in Argentinean criminal courts

Ciocchini¹

2017

International Journal of Law in Context

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Since the late 1980s, following the transition to democratic rule in Latin America, criminal courts all over the continent have been going through a process of continuous reform. Reformers introduced an adversarial-based procedural system, arguing that it would guarantee due process and greater transparency and accountability. However, in recent years, the emphasis of this reformist narrative has changed from expanding defendants' rights towards improving the efficacy of the system. This paper explores how the original principles of transparency and accountability have been upheld in criminal courts in one of the first areas of jurisdiction to implement those changes: the Province of Buenos Aires. Based on an analysis of data from forty-five in-depth interviews with key informants and court observations, this paper explores how the reforms developed a managerial rationality in criminal courts that may undermine the due process in Latin American jurisdictions that have undergone similar democratic reform processes.

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Italian Criminal Justice: Borrowing and Resistance

Cited by 53 publications

References 0 publications

Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation

Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation

Auge y caída del enfoque “Derecho y Economía”

Reformers' unfulfilled promises: accountability deficits in Argentinean criminal courts

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