By Osvaldo Barreneche
Crime and the management of Justice in Buenos Aires, 1785–1853, analyzes the emergence of the felony justice procedure in glossy Argentina, targeting town of Buenos Aires as a case examine. It concentrates at the formative interval of the postcolonial penal process, from the deploy of the second one Audiencia (the improved justice tribunal within the viceroyalty of R?o de l. a. Plata) in 1785 to the promulgation of the Argentine nationwide structure in 1853, while a brand new section of interregional association and codification began.During this transitional interval, easy good points of the fashionable Argentine legal justice approach emerged. Osvaldo Barreneche reviews those features intimately: the institutional subordination of the judiciary; police interference and disruption within the relationships among the judiciary and civil society; the manipulation of the preliminary levels of the judicial approach by means of senior law enforcement officials; and using institutionally malleable penal-legal approaches as a punitive procedure whatever the judicially evaluated final result of legal cases.Through research of felony instances, Barreneche exhibits how assorted interpretations of liberalism, the altering roles of the hot police and the army, and the institutionalization of schooling all contributed to the talk on penal reform in the course of Argentina’s transition from colony to country. in simple terms via realizing the ancient improvement of felony and felony methods can modern social scientists come to grips with the fight among democracy and authoritarianism in sleek Argentina. (20080304)
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Additional resources for Crime and the administration of justice in Buenos Aires, 1785-1853
Signiﬁcant legislation in the colonies, like the Recopilación de las Leyes de Indias (1680), focused on deﬁning and regulating the role of the judiciary and its procedural matters without changing Spanish penal laws. Thus, colonial legislation was used for adjusting criminal laws to ﬁt speciﬁc cases, adding an interpretative component to the evolving penal systems. The combination of Spanish legal standards and colonial procedural regulations was complemented by the application of penal norms at the local level.
First, it analyzes how the laws and norms previously described were applied in Buenos Aires, where local authorities manipulated legal procedures according to their needs. Then it explains the role of the second porteño audiencia in the local penal system, including the conﬂicts between this tribunal and the viceroy. The chapter goes on interpreting the role of the alcaldes de barrio and their signiﬁcant function in leading the initial steps of criminal investigations through sumarios. Finally, the administration of criminal justice is seen on the ground level, in its everyday actions.
60 During harvest time, for example, several bandos were passed to prevent shortages of labor in the surrounding countryside of Buenos Aires, punishing with one hundred lashes those who were “playing bochas” rather than working. 61 All kinds of restrictions were also applied to pulperías, from reduced business hours to imposing a maximum on the number of customers allowed inside the business at one time. 62 The historical signiﬁcance of these local edicts goes beyond the evaluation of their partial effectiveness.