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CSLS Visiting Scholars Speaker Series – SHIRAN ALTMAN-BATTLER & JAVIER ALBERTO WILENMANN
Friday, March 8, 2019 @ 3:00 pm - 4:30 pm
CSLS Visiting Scholars Speaker Series
Friday, March 8, 2019
Tel Aviv University (Israel)
“Plea Bargaining in International Criminal Law: Historical and Normative Perspectives”
Plea Bargaining is one of the most interesting and controversial legal instruments within the fields of domestic criminal law and criminal justice, especially in common law legal systems from which this legal tool originates. While plea bargaining in the domestic legal arena has been widely explored, the examination of this legal institution in the international legal sphere has been very limited. My research seeks to fill this gap, from historical and normative perspectives. That is, it aims to trace the historical origins and normatively reexamine and reevaluate the functions of this legal institution in international criminal law and in international criminal prosecutions.
JAVIER ALBERTO WILENMANN
Universidad Adolfo Ibáñez (Chile)
“Neoliberal Politics and State Modernization in Chilean Penal Evolution”
Following the general rise of incarceration rates in Latin America, two general frameworks taken from Northern penology have been influential in attempting to explain the phenomenon: the neoliberal and the state transformation theses. The paper takes the case of Chile, the Latin American model of neoliberal governance, to test the broad explanatory power of both frameworks in the region. The paper shows the limits of such an importation. A correlation between rise in incarceration rates and investments in state capacity can indeed be observed: a major reform of criminal justice is to blame for the rises in incarceration rates. To take this as a manifestation of a change in the political project of social control akin to the American substitution of a welfarist project with a more conservative frame of control would be, however, mistaken. The system still stands for the traditional Latin American project of control of a large, marginalized population through confinement. Continuation of a state building project rather than substitution is a better political interpretation of the phenomenon.
PLACE Selznick Seminar Room, 2240 Piedmont Avenue
TIME 3:00 – 4:30 p.m. Beverages and light refreshments provided.
Jonathan Simon, FACULTY DIRECTOR I Rosann Greenspan, EXECUTIVE DIRECTOR
Events are wheelchair accessible. For disability-related accommodations, contact the organizer of the event. Advance notice is kindly requested.
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