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ON DEMAND: Comparative Developments in Criminal Justice Systems in Argentina, Brazil, Mexico and the U.S.

Credit: 0 Credit Hours
Run Time: 101 Minutes 

**This is a previously recorded program, originally on September 12, 2019

Historically, the criminal justice process in Latin American countries looked quite different from the process here in the U.S., due to several factors including the fact that Latin American countries have civil rather than common law systems. In recent years, however, several countries have begun to adopt reforms that are more akin to the process in the U.S., including introduction of an adversarial process for adjudicating criminal cases as well as the concept of cooperation and plea bargaining as one option for resolving criminal cases. Those reforms have in some instances been viewed as positive developments to bring more due process into the criminal justice systems of these Latin American countries, while at the same time increasing the effectiveness of prosecutorial efforts. At the same time, here in the U.S., despite the deeply engrained principles of due process that are built into our criminal justice system, the practical reality has become that the adversarial process and its due process protections are, some would argue, eviscerated in practice because of what is known as the “trial penalty”: the heavy sentences that face criminal defendants, including both individuals and corporate entities, if they choose to go to trial and force an adversarial testing of the government’s evidence.

In this panel discussion, experts on the criminal justice systems in Argentina, Brazil, Mexico and the U.S. will discuss these trends, the risks and benefits of the changes that have been occurring, and the lessons that can be learned for those interested in achieving a criminal justice system that is both effective from a prosecutorial perspective, and fair from a defendant’s perspective. 

Sponsored by: Public International and Criminal Law Committee of the D.C. Bar International Law Community
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  • Filipe Magliarelli, Koury Lopes Advogados
  • Norman Reimer, Executive Director, National Association of Criminal Defense Lawyers
  • Martín Antonio Sabelli, Law Offices of Martín A. Sabelli
  • Diego Sierra, Von Wobeser & Sierra Associates
  • Federal District Judge Peter J. Messitte (D. Md.), Director of the Brazil-U.S. Legal and Judicial Studies Program, American University (Introductory Remarks)
  • Iris Bennett, Smith Pachter McWhorter PLC (Moderator)
On Demand Registration Fees: $20 D.C. Bar Law Student Community Member; $35 D.C. Bar International Law Community Member; $65 D.C. Bar Member; $65 Government/Nonprofit; $85 Non-member
Please select Individual Registration to register.

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