Chile - Revision history

IBJadmin at 07:44, 4 April 2013

2013-04-04T07:44:24Z

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			{{Languages\|Chile}}


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Aellis at 15:53, 1 March 2011

2011-03-01T15:53:58Z

← Older revision		Revision as of 17:53, 1 March 2011
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	The conditions in Chilean prisons are very poor. They lack clean, safe water and food providing sufficient nutrition. There is poor sanitation which has led to poor prisoner health and the spread of numerous diseases. These problems are exacerbated by a lack of medical care. Chile has a very high number of individuals incarcerated in its numerous prisons. Some prisons house far more prisoners than they were originally designed for, with devastating consequences like the riot in the San Miguel prison which led to the death of 81 prisoners. Supreme Court prosecutor, Monica Maldonado admitted that prisoners are treated in an “inhuman, degrading and cruel” manner.		The conditions in Chilean prisons are very poor. They lack clean, safe water and food providing sufficient nutrition. There is poor sanitation which has led to poor prisoner health and the spread of numerous diseases. These problems are exacerbated by a lack of medical care. Chile has a very high number of individuals incarcerated in its numerous prisons. Some prisons house far more prisoners than they were originally designed for, with devastating consequences like the riot in the San Miguel prison which led to the death of 81 prisoners. Supreme Court prosecutor, Monica Maldonado admitted that prisoners are treated in an “inhuman, degrading and cruel” manner.

			==References==
			<references/>

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Aellis: /* Background */

2011-03-01T15:45:37Z

Background

← Older revision		Revision as of 17:45, 1 March 2011
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	==Background==		==Background==
	~~Insert sentence on~~ Chile.
			The Republic of Chile was established in 1810 and its capitol is located in Santiago. <ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref> Before the Spanish conquest in 1610, present day Chile was largely under the control of the expansive Incan Empire (World Factbook). After achieving independence in 1810, Chile won key territories from Peru and Bolivia in the War of the Pacific between 1879 and 1883 (World Factbook). By this time in Chilean history, the indigenous Mapuche Indians had been completely repressed and were effectively forced off of their ancestral lands (World Factbook). In 1973, Augusto Pinochet came to power in a military coup and ruled the country in an oppressive dictatorship until 1990 (World Factbook). In the last two decades, Chile has successfully halved poverty rates, achieved tremendous economic growth, and maintained political stability (World Factbook). Today, Chile is a democratic republic in which 95.4% of the population is of white and white-Amerindian heritage and 4.6% is indigenous.<ref>CIA World Factbook available at www.cia.gov/library/publications/the-world-factbook</ref>

	==Type of System==		==Type of System==

Kgerber: /* Defendants' Rights */

2011-03-01T14:31:08Z

Defendants' Rights

← Older revision		Revision as of 16:31, 1 March 2011
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	Following arrest, an individual must be brought before a judge within 24 hours. At this time, the judge can decide to extend the detention up to 5 days. A record of the individual detained must be made in the public register. Bail should be ordered unless detention is necessary for the protection of the investigation, victims or society in general.		Following arrest, an individual must be brought before a judge within 24 hours. At this time, the judge can decide to extend the detention up to 5 days. A record of the individual detained must be made in the public register. Bail should be ordered unless detention is necessary for the protection of the investigation, victims or society in general.

			Under article 229 of the Criminal Procedures Code, the defendant is required to attend an initial complaint hearing which is regarded as the “formalization of investigation”. A charging instrument must be created and include details of the defendant, case, a possible sentence and witnesses.
	====Trial====		====Trial====

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	Criminal proceedings are brought by the Public Prosecutor and trials are held publicly with oral proceedings and evidence presented by both parties. Cases begin before Guarantee Courts which grant the power to investigate the case and hear simple cases (like those involving a guilty plea). There is a hierarchical system with Supreme Courts at the top, Court of Appeals in the middle, and tribunals of first instance at the bottom. There are no special commissions.		Criminal proceedings are brought by the Public Prosecutor and trials are held publicly with oral proceedings and evidence presented by both parties. Cases begin before Guarantee Courts which grant the power to investigate the case and hear simple cases (like those involving a guilty plea). There is a hierarchical system with Supreme Courts at the top, Court of Appeals in the middle, and tribunals of first instance at the bottom. There are no special commissions.

	Under article 229 of the Criminal Procedures Code, the defendant is required to attend an initial complaint hearing which is regarded as the “formalization of investigation”. A charging instrument must be created and include details of the defendant, case, a possible sentence and witnesses.

	Trials are heard by 3 judges who have no previous knowledge of the facts of the case. The defendant must testify during the trial. Evidence which is transparent can be presented. To ensure the quality of evidence, the state provides protection to victims and witnesses participating in trial proceedings under article 83 of the Constitution.		Trials are heard by 3 judges who have no previous knowledge of the facts of the case. The defendant must testify during the trial. Evidence which is transparent can be presented. To ensure the quality of evidence, the state provides protection to victims and witnesses participating in trial proceedings under article 83 of the Constitution.

Kgerber: /* Type of System */

2011-03-01T14:26:20Z

Type of System

← Older revision		Revision as of 16:26, 1 March 2011
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	==Type of System==		==Type of System==

	The Chilean legal system is influenced by the Napoleonic Code and is governed by the Constitution of 1980 and its subsequent amendments. ~~This~~ Constitution guarantees rights and provides ~~protection~~ for individuals. Legislation passed creates a ~~hierarchy~~ system of importance with institutional acts, ~~being~~ followed by special and order acts (encompassing both decree and ordinary law).		The Chilean legal system is influenced by the Napoleonic Code and is governed by the Constitution of 1980 and its subsequent amendments. The Constitution guarantees rights and provides protections for individuals. Legislation passed creates a hierarchical system of importance with institutional acts at the top, followed by special and order acts (encompassing both decree and ordinary law).

	==Sources of Defendants' Rights==		==Sources of Defendants' Rights==

Kgerber: /* Background */

2011-03-01T14:23:39Z

Background

← Older revision		Revision as of 16:23, 1 March 2011
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	==Background==		==Background==
	A small island nation in the Caribbean, the Republic of Cuba has been ruled by Fidel Castro since the Cuban Revolution of 1953-1959. With a population of over 11 million people, Cuba is the largest island nation in the Caribbean.		Insert sentence on Chile.

	==Type of System==		==Type of System==

Kgerber: /* Prisons in Chile */

2011-03-01T14:23:04Z

Prisons in Chile

← Older revision		Revision as of 16:23, 1 March 2011
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	====Prisons in Chile====		====Prisons in Chile====

	The conditions in Chilean prisons are very poor. ~~There is a~~ lack of clean, safe water and food providing sufficient nutrition. There is a poor sanitation which has led to poor prisoner health and numerous diseases. ~~This problem is~~ exacerbated by a lack of medical care. Chile has a very high number of individuals incarcerated in its numerous prisons. Some prisons house far more prisoners than they were originally designed for, with devastating consequences like the riot in the San Miguel prison which led to the death of 81 prisoners. Supreme Court prosecutor, Monica Maldonado admitted that ~~the~~ prisoners are treated in an “inhuman, degrading and cruel” manner.		The conditions in Chilean prisons are very poor. They lack clean, safe water and food providing sufficient nutrition. There is poor sanitation which has led to poor prisoner health and the spread of numerous diseases. These problems are exacerbated by a lack of medical care. Chile has a very high number of individuals incarcerated in its numerous prisons. Some prisons house far more prisoners than they were originally designed for, with devastating consequences like the riot in the San Miguel prison which led to the death of 81 prisoners. Supreme Court prosecutor, Monica Maldonado admitted that prisoners are treated in an “inhuman, degrading and cruel” manner.

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Kgerber at 14:21, 1 March 2011

2011-03-01T14:21:17Z

← Older revision		Revision as of 16:21, 1 March 2011
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	====Trial====		====Trial====

	Chile has a reformed accusatory system. Cases begin before Guarantee Courts which grant the power to investigate the case and hear simple cases (like those involving a guilty plea). There is a hierarchical system with Supreme Courts at the top, Court of Appeals in the middle, and tribunals of first instance at the bottom. There are no special commissions.		Chile has a reformed accusatory system. The procedures of the Chilean judiciary are governed by Chapter Six of the Constitution of 1980. Article 73 ensures the President is not involved in the exercise of judicial duties and the appointment of judges is covered by Article 75. Under Article 76, judges are liable if they avoid a substantive area of law. While the judiciary is intended to be independent, there are concerns as to the extent this is true.

			Criminal proceedings are brought by the Public Prosecutor and trials are held publicly with oral proceedings and evidence presented by both parties. Cases begin before Guarantee Courts which grant the power to investigate the case and hear simple cases (like those involving a guilty plea). There is a hierarchical system with Supreme Courts at the top, Court of Appeals in the middle, and tribunals of first instance at the bottom. There are no special commissions.

	Under article 229 of the Criminal Procedures Code, the defendant is required to attend an initial complaint hearing which is regarded as the “formalization of investigation”. A charging instrument must be created and include details of the defendant, case, a possible sentence and witnesses.		Under article 229 of the Criminal Procedures Code, the defendant is required to attend an initial complaint hearing which is regarded as the “formalization of investigation”. A charging instrument must be created and include details of the defendant, case, a possible sentence and witnesses.
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	Trials are heard by 3 judges who have no previous knowledge of the facts of the case. The defendant must testify during the trial. Evidence which is transparent can be presented. To ensure the quality of evidence, the state provides protection to victims and witnesses participating in trial proceedings under article 83 of the Constitution.		Trials are heard by 3 judges who have no previous knowledge of the facts of the case. The defendant must testify during the trial. Evidence which is transparent can be presented. To ensure the quality of evidence, the state provides protection to victims and witnesses participating in trial proceedings under article 83 of the Constitution.

	The clerk begins the trial by calling the court to order. Administration procedures follow. Then opening remarks are given and witnesses are cross-examined. The trial concludes with final remarks. The judges hear the proceedings and then make their decision. The entire case will be heard in one hearing which also includes the verdict. However, if the case has taken a long time to present, the verdict may be delayed by up to 24 hours. If guilty, the defendant will be detained and sentenced in separate proceedings. During sentencing proceedings, a summary of the case and decision will be heard.		The clerk begins the trial by calling the court to order. Administration procedures follow. Then opening remarks are given and witnesses are cross-examined. The trial concludes with final remarks. The judges hear the proceedings and then make their decision. The entire case will be heard in one hearing which also includes the verdict. However, if the case has taken a long time to present, the verdict may be delayed by up to 24 hours. If guilty, the defendant will be detained and sentenced in separate proceedings.

			During sentencing proceedings, a summary of the case and decision will be heard. The Civil Administration courts cannot order sentences that deprive individuals of their liberty. Sentencing procedure involves mandatory sentences which are influenced by aggravating and mitigating circumstances surrounding the defendant. Article 19 of the Constitution states that “the death penalty may only be instituted for a crime considered in a law approved by a qualified quorum”.

	====Post-Conviction====		====Post-Conviction====

	The Civil Administration courts cannot order sentences which deprive individuals of their liberty. The sentencing procedure involves mandatory sentences which are influenced by aggravating and mitigating circumstances surrounding the defendant. Article 19 of the Constitution states that “the death penalty may only be instituted for a crime considered in a law approved by a qualified quorum”.

	Criminal proceedings are brought by the Public Prosecutor and the trial will be held in public, involving oral proceedings and evidence from both parties. The procedures of the Chilean judiciary are governed by Chapter Six of the Constitution of 1980. Article 73 ensures the President is not involved in the exercise of judiciary duties and the appointment of judges is covered by Article 75. Under Article 76, judges will be liable if they avoid a substantive area of law. Whilst the judiciary are meant to be independent, there are concerns as to the extent of whether or not this is true.

	Cases are reviewed by the Courts of Appeal and can progress to the Supreme Court, the highest court in the hierarchal system, if the court decides that the decision of a lower court has been “unjustifiably erroneous or arbitrary” under Article 373 of the Code of Criminal Procedure or if there has been a “serious procedural breach” (under Article 374). Article 21 of the Constitution also ensures individual rights are protected through the reinstating of the rights which are violated by an unlawful act, for example in the arrest procedure. Such an appeal must be before a competent judge and these legal faults should be corrected. There is no appeal available for decisions made by the Supreme Court but they can correct errors made.		Cases are reviewed by the Courts of Appeal and can progress to the Supreme Court, the highest court in the hierarchal system, if the court decides that the decision of a lower court has been “unjustifiably erroneous or arbitrary” under Article 373 of the Code of Criminal Procedure or if there has been a “serious procedural breach” (under Article 374). Article 21 of the Constitution also ensures individual rights are protected through the reinstating of the rights which are violated by an unlawful act, for example in the arrest procedure. Such an appeal must be before a competent judge and these legal faults should be corrected. There is no appeal available for decisions made by the Supreme Court but they can correct errors made.

	====Prisons in Chile====		====Prisons in Chile====

	The conditions in ~~the~~ prisons ~~in Chile~~ are very poor. There is a lack of clean, safe water and food providing sufficient nutrition. There is a poor sanitation which has led to poor health and numerous diseases. This problem is ~~further worsened~~ by a lack of medical care. Chile has a very high number of individuals incarcerated in its numerous prisons~~, and some~~ prisons house far more ~~prisoner~~ than originally designed for, ~~this had~~ devastating consequences~~, such as~~ the riot in the San Miguel prison which led to the death of 81 prisoners. Supreme Court prosecutor, Monica Maldonado ~~has said~~ the prisoners are treated in an “inhuman, degrading and cruel” manner.		The conditions in Chilean prisons are very poor. There is a lack of clean, safe water and food providing sufficient nutrition. There is a poor sanitation which has led to poor prisoner health and numerous diseases. This problem is exacerbated by a lack of medical care. Chile has a very high number of individuals incarcerated in its numerous prisons. Some prisons house far more prisoners than they were originally designed for, with devastating consequences like the riot in the San Miguel prison which led to the death of 81 prisoners. Supreme Court prosecutor, Monica Maldonado admitted that the prisoners are treated in an “inhuman, degrading and cruel” manner.

	----		----

Kgerber: /* Trial */

2011-03-01T14:07:49Z

Trial

← Older revision		Revision as of 16:07, 1 March 2011
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	====Trial====		====Trial====

	Cases begin before Guarantee Courts ~~where~~ the power to investigate the case ~~is granted, or where~~ simple cases ~~are heard~~ (those involving a guilty ~~plead for example~~). There ~~are tribunals of first instance and Courts of Appeals~~ with ~~the~~ Supreme Courts ~~being~~ at the top of ~~this hierarchy system (there are no special commissions). The trial will involve a hearing by 3 judges who have no previous knowledge of~~ the ~~particular facts of the case. The defendant is obliged to testify during the case. Evidence which is transparent can be presented~~, and ~~to ensure the quality~~ of ~~evidence,~~ the ~~state ensures to provide protection to the victims and witnesses participating in the trial proceedings under article 83 of the Constitution~~. ~~This reformed accusatory system still receives criticism~~.		Chile has a reformed accusatory system. Cases begin before Guarantee Courts which grant the power to investigate the case and hear simple cases (like those involving a guilty plea). There is a hierarchical system with Supreme Courts at the top, Court of Appeals in the middle, and tribunals of first instance at the bottom. There are no special commissions.

	~~There will be an initial complaint hearing under Article~~ 229 of the Criminal Procedures Code ~~and~~ the defendant is required to attend ~~this~~ hearing which is regarded as the ~~“formalisation~~ of investigation”. A charging instrument must be created and ~~this will~~ include details of the defendant, case, ~~sentencing~~ and witnesses.		Under article 229 of the Criminal Procedures Code, the defendant is required to attend an initial complaint hearing which is regarded as the “formalization of investigation”. A charging instrument must be created and include details of the defendant, case, a possible sentence and witnesses.

	~~During~~ the trial, the clerk ~~will begin~~ by calling the court to order~~, the administration~~ procedures ~~will~~ follow ~~with the~~ opening remarks ~~followed by~~ witnesses ~~being~~ cross-examined. The trial ~~will conclude~~ with final remarks. The judges ~~will~~ hear the proceedings and then make their decision~~, the whole~~ case will be heard in one hearing ~~include~~ the verdict, ~~unless~~ the case has taken a long time ~~and therefore~~ the verdict may be delayed by up to 24 hours. If guilty, the defendant will be detained and sentenced in separate proceedings. During ~~these~~ proceedings, a summary of the case and decision will be heard.		Trials are heard by 3 judges who have no previous knowledge of the facts of the case. The defendant must testify during the trial. Evidence which is transparent can be presented. To ensure the quality of evidence, the state provides protection to victims and witnesses participating in trial proceedings under article 83 of the Constitution.

			The clerk begins the trial by calling the court to order. Administration procedures follow. Then opening remarks are given and witnesses are cross-examined. The trial concludes with final remarks. The judges hear the proceedings and then make their decision. The entire case will be heard in one hearing which also includes the verdict. However, if the case has taken a long time to present, the verdict may be delayed by up to 24 hours. If guilty, the defendant will be detained and sentenced in separate proceedings. During sentencing proceedings, a summary of the case and decision will be heard.

	====Post-Conviction====		====Post-Conviction====

Kgerber: /* Defendants' Rights */

2011-03-01T13:42:33Z

Defendants' Rights

← Older revision		Revision as of 15:42, 1 March 2011
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	==Defendants' Rights==		==Defendants' Rights==

	Following a major reform of the criminal justice system, a number of rights are now guaranteed to individuals during the trial process. Previously, proceedings could take a number of years, this has now been reduced to a few months. There is a presumption of innocence and individuals brought before the court must be charged under a law already officially enacted. The actions of the individual must ~~carry~~ the ~~necessary~~ elements ~~for~~ the ~~act to be regarded~~ as ~~a ‘crime’~~ highlighted under article 19 of the Constitution which states “The law cannot presume de jure criminal liability”. Under Article 19 of the Constitution~~, there must also be “equality before the law” and in order to ensure this~~, every individual has a right to be represented by a legal defense team. If an individual is unable to provide their own defense, the Criminal Public Defender will ensure the defendant is provided with free legal defense. A principle similar to ~~‘habeas corpus’~~ applies ~~involving rights such as those which affect physical liberty~~ under Article 20 of the Constitution. There is a right to an impartial judge but no right to a trial by jury. ~~These provisions are intended to ensure a fair trial.~~		Following a major reform of the criminal justice system, a number of rights are now guaranteed to individuals during the trial process. Previously, proceedings could take a number of years, this has now been reduced to a few months. There is a presumption of innocence and individuals brought before the court must be charged under a law already officially enacted. The actions of the individual must correspond to the elements of the crime charged, as highlighted under article 19 of the Constitution which states “The law cannot presume de jure criminal liability”. Under Article 19 of the Constitution, every individual has a right to be represented by a legal defense team to ensure “equality before the law”. If an individual is unable to provide for their own defense, the Criminal Public Defender will ensure the defendant is provided with free legal defense. A principle similar to ''habeas corpus'' applies under Article 20 of the Constitution. There is a right to an impartial judge but no right to a trial by jury.

	====Pre-trial====		====Pre-trial====

	The police force within Chile is known as the ‘Carabineros de Chile’. Under article 19 of the Constitution an arrest must be “served in a manner prescribed in law” ~~– this leaves a~~ very ~~wide scope and whilst this agency does~~ fall within the scope of responsibility of the prosecutor~~, the police force do~~ have the authority to arrest those with outstanding warrants, collect evidence, identify witnesses and perform “identity checks” under article 81 of the Code. ~~It is the~~ Office of the Public Prosecutor ~~who will investigate the crime,~~ and ~~with this responsibility comes the~~ option to close ~~the~~ case ~~and~~ suggest alternatives to court proceedings.		The police force within Chile is known as the ‘Carabineros de Chile’. Under article 19 of the Constitution, an arrest must be “served in a manner prescribed in law”, which gives the police very broad authority. The police fall within the scope of responsibility of the prosecutor and have the authority to arrest those with outstanding warrants, collect evidence, identify witnesses and perform “identity checks” under article 81 of the Code. The Office of the Public Prosecutor investigates crimes and at its option can choose to close a case or suggest alternatives to court proceedings.

	~~Once~~ an individual ~~has been arrested, they~~ must be brought before a judge within 24 hours ~~who~~ can ~~then~~ extend ~~this~~ to 5 days ~~detention~~. ~~There~~ must be ~~a record~~ in the public register ~~of the individual being detained and bail~~ should be ordered unless it is necessary for the protection of the investigation, victims or society in general.		Following arrest, an individual must be brought before a judge within 24 hours. At this time, the judge can decide to extend the detention up to 5 days. A record of the individual detained must be made in the public register. Bail should be ordered unless detention is necessary for the protection of the investigation, victims or society in general.

	====Trial====		====Trial====