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This book examines how judicial reform can be effectively assessed through a procedural justice approach. It provides a practical framework for assessment of judicial reform, examining a successful reform in Chile through large scale surveys and longitudinal research.

Judicial reform is a key element to democratization and modernization processes in the developing world. Practitioners have struggled with ways to analyze the effects of judicial reform, and to define success. Procedural justice theorists propose that people will obey the law if they consider it fair; this affects willingness to collaborate with the police and the courts, and the general approach that the public has towards social regulations. Judicial reforms such as criminal procedure reforms, which explicitly guarantee the development of a fairer judicial process, represent a scenario that puts these theoretical assumptions to the test. With policy recommendations and applications for international judicial reform, this book tests the real conditions of a procedural justice approach with empirical assessment and analysis.

With implications for Latin America and countries undergoing judicial or political reforms worldwide, this book will be an important resource for researchers, policy makers and all those interested in the analysis of judicial reforms, democratization processes and the psychology of justice.

Inhaltsverzeichnis

Frontmatter

Chapter 1. Introduction

Abstract
The process of democratisation in Latin America involved the need to reform several institutional arrangements inherited from the authoritarian regimes. Across the region, the usual candidate for reform was the judicial system. The effects of these reforms have been mainly analysed in terms of their significance to other reforms, such as political or economic ones, but barely on the effects they had on social behaviour or in general institutional trust, being one of the reasons the lack of tools to measure these phenomena. Using the concepts of democratisation , procedural justice and crime surveys , this chapter proposes that crime surveys can be efficient tools to assess the effects that judicial reforms have on citizenry.
Juan Carlos Oyanedel

Chapter 2. An Overview of Judicial Reform in Latin America

Abstract
Judicial reform has been a main effort in the framework of Latin American countries’ democratisation processes. This chapter focuses on the transformations occurred in the case of Chile and, particularly, in the process of implementation of the Criminal Procedure Reform . It contains four parts. The first part offers an overview of the debate following the rule of law legal movement that started in the late 1980s, involving the promotion of judicial reform in Latin America . Part two offers a review of the Chilean context and the background to the Criminal Procedure Reform , from both a criminal policy and a judiciary reform perspective. The third part describes the main features of both the old and the new criminal processes, highlighting their differences. Part four discusses the concept of trust in law and outlines the main issues to be taken into consideration while assessing the effects that judicial reforms have on the general population.
Juan Carlos Oyanedel

Chapter 3. The Analysis of Trust and Criminal Justice: Between Legitimacy and Order

Abstract
Crime and justice debates have shifted from control to prevention, meaning that areas previously left aside policy have made a comeback in terms of both analysis and policy formulations. One of these areas is the question about social order and the role of the criminal justice system on it. While originally part of the core of sociological thought through Max Weber ’s works, trust in the institutions was outside the main paradigms of the explanation of crime. The identification of the limitations of the mainstream criminological thought and the empirical development of the procedural justice theory offers a way to retake these fundamental questions, allowing also for a theoretically grounded analysis of state reforms.
Juan Carlos Oyanedel

Chapter 4. The Analysis of Attitudinal Information in Crime Surveys

Abstract
This chapter discusses how victimisation surveys could represent a reliable basis to analyse justice systems and assesses the effect of judicial reforms through the analysis of trust in law . The origins of crime surveys were deeply entwined with the appearance of rational choice models applied to crime prevention, such as situational crime prevention strategies. The measurement of crime-related attitudinal information, which supplements the original informational basis of crime victimisation measurement, raises important challenges to the basic rational choice-based model of analysis for crime control. These challenges point to the idea of crime reduction based on a utilitarian, rational actor and the expected result of a more content society with lower crime rates. It reviews the status of crime surveys as a criminological tool, focusing on the history of the British Crime Survey (BCS), as a representative of the intellectual path of this technique.
Juan Carlos Oyanedel

Chapter 5. The Assessment of a Judicial Reform Through Public Opinion: Theoretical and Methodological Issues

Abstract
This chapter examines the main issues that arise from the analysis of trust in law with crime surveys . It presents a conceptual and methodological review of attitudes, opinions and behaviours and their relationship with the analysis of trust in law . It also discusses the main challenges that need to be solved in order to analyse a judicial reform with these tools. Finally, it presents the Chilean Crime Survey ’s main features, including the model of sequential implementation of the Chilean Criminal Procedure Reform that makes such an analysis possible as well as the main hypotheses and methodological issues associated with it.
Juan Carlos Oyanedel

Chapter 6. An Overview of the Effects of the Chilean Criminal Procedure Reform

Abstract
This chapter presents the main descriptive results of the effects of the Chilean Criminal Procedure Reform in four dimensions: victimisation and reporting practices, fear of crime , weapons ownership and public opinion about criminal justice actors. The results show changes across these indicators during the period of the reform, although there are significant differences among the effects between different social groups. While for some the reform did mean an increase in expressive trust, victimisation and reporting practices were not affected in the same way. Weapons ownership did show a significant decrease during the period, meaning that, at least in some way, the rule of law seems to have been strengthened by the reform.
Juan Carlos Oyanedel

Chapter 7. Trust in the Criminal Justice System and Judicial Reform: A Pseudo-panel Analysis

Abstract
This chapter reports the effects of the judicial reform on trust in the courts in Chile between 2005 and 2007, using pseudo-panel data. It shows the estimation of the effects of the judicial reform on trust and confidence in the courts using structural equation modelling. Results show that socio-economic status shapes trust in the criminal justice system , both in the short and the long term. They also show that trust in the criminal justice system was affected by changes in the Chilean criminal procedure, being the length of exposure to it a main predictor, supporting the hypothesis proposed by procedural justice theorists in terms that exposure to a fairer judicial process would involve an increase in trust in the criminal justice system .
Juan Carlos Oyanedel

Chapter 8. The Effects of Judicial Reform on Confidence and Trust in the Courts

Abstract
This chapter presents the main results regarding the effects that a Criminal Procedure Reform had on trust in the courts in Chile . It uses public opinion , collected from crime surveys , to assess attitudes of both users of the system (victims) and general public. The results show that during the analysed period, trust in courts shows different paths for the general public, showing a consistent increase only in those for higher socio-economic status. Users, on the other hand, show an increase in their good views of the courts due to the Criminal Procedure Reform , although there is a decrease in those who have been exposed to it longer time. Using regression analysis, the results show that higher trust in the courts is affected by the perception of increased crime and the perception of victimisation risk and socio-economic status, supporting the idea of an instrumental view of the criminal justice system .
Juan Carlos Oyanedel

Chapter 9. The Effects of Judicial Reform on Confidence in Policing

Abstract
This chapter reports the effects of the Chilean Criminal Procedure Reform on trust in the police . It reports the changes in public attitudes towards the police using a pseudo-panel model constructed with the data of the Chilean Crime Survey . The results show an increase in public trust towards police forces (Carabineros and Policía de Investigaciones). It shows a differential increase in support, being it higher for Policía de Investigaciones. Finally, over the analysed period, there is a trend towards a higher support for police forces, being the time in the Criminal Procedure Reform one of the main predictors.
Juan Carlos Oyanedel

Chapter 10. Confidence in Policing and Crime Reporting in Chile

Abstract
This chapter presents the relationship between confidence in the police and crime reporting during the period of the Criminal Procedure Reform . Scales were tested to assess trust and confidence in Carabineros and Policía de Investigaciones. Finally, a model predicting crime reporting was tested for several kinds of crime (street robbery, burglary, mugging, theft and assault) as well as general victimisation . The results show that although the predictive effect of trust in the police in general crime reporting is small, the report of some types of crime (burglary, assault and theft) are more affected by it. The reasons and possible explanations for these differences are discussed.
Juan Carlos Oyanedel

Chapter 11. Conclusions

Abstract
This chapter reports the main conclusions of this book. It shows the effects of the Criminal Procedure Reform from several perspectives: from the democratisation perspective, it shows how judicial reform had as an effect an increase in public confidence in institutions, facilitating the reform of other areas of government. It also shows that the increases in institutional trust showed different paths for the courts and the police forces, as well as among different publics (gender, age and socio-economic status) and across time, meaning diminution and increase of trust among different groups. In methodological terms, the Criminal Procedure Reform model of implementation constituted a natural experiment , which was used to assess these effects across time using an existing crime survey . The development of a theoretical basis to assess reforms using crime surveys is one of the main contributions of this work. The Chilean Criminal Procedure Reform could be a stone step not only to learn lessons from successful implementation, but also can serve as a model of how to assess the effects of these judicial reforms across developing countries, making use of available data from crime surveys and public opinion data.
Juan Carlos Oyanedel

Backmatter

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