By Osvaldo Barreneche
Crime and the management of Justice in Buenos Aires, 1785–1853, analyzes the emergence of the felony justice method in glossy Argentina, concentrating on town of Buenos Aires as a case learn. It concentrates at the formative interval of the postcolonial penal method, from the install of the second one Audiencia (the more desirable justice tribunal within the viceroyalty of R?o de los angeles 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, uncomplicated positive aspects of the fashionable Argentine legal justice process emerged. Osvaldo Barreneche stories 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 phases of the judicial method through senior law enforcement officials; and using institutionally malleable penal-legal systems as a punitive method whatever the judicially evaluated consequence of felony cases.Through research of legal instances, Barreneche indicates how diversified interpretations of liberalism, the altering roles of the recent 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 nation. simply via figuring out the ancient improvement of felony and felony techniques can modern social scientists come to grips with the fight among democracy and authoritarianism in glossy Argentina. (20080304)
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Extra info for Crime and the administration of justice in Buenos Aires, 1785-1853
1 Enforcement, thus, is a key element to consider in the Spanish legal system, where there are multiple norms and alternative applications. Since this characteristic remained in early republican legal systems it is important to understand, by looking at speciﬁc examples, how the law operated in late colonial Buenos Aires. One example is the right to sanctuary, which was part of Spanish law and was included in all its major codes. Individuals accused of committing a crime could take refuge in a church building where secular authorities had no jurisdiction.
One frustrated judicial ofﬁcial, for example, requested the transfer of murder suspect José Antonio Peralta from the local jail to another prison. He wanted to transfer Peralta “before another of the frequent breakouts . . ”14 Delays in the resolution of criminal cases fueled jail escapes, indicating that the adaptation of Spanish laws to porteño needs did not always produce the expected consequences. The use of defendants in public works projects only encouraged them to ﬂee because the accused perceived that their criminal cases were not resolved fast enough.
The tribunal, according to them, amended and reduced harsh punishments imposed by subordinated judges and alcaldes from various jurisdictions in the Viceroyalty of the Río de la Plata. Although this may be true for other regions, it is not so in the case of the city of Buenos Aires. The audiencia acted as a moderating force in the administration of colonial justice, but it was not benevolent. Depending on the circumstances, the tribunal also imposed severe punishment. When Don Miguel de Tagle (member of the local elite) was robbed in 1787, for example, , (10) the alcalde imposed a six-year prison term on the defendant Joseph Ignacio Nuñez (Indian).