Browsing by Author "Carvacho Traverso Pablo Antonio"

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    Acceso a la justicia: Una revisión conceptual de sus componentes
    (Onati International Institute for the Sociology of Law, 2022) Carvacho Traverso Pablo Antonio; Arriagada Isabel; Cofré Leonardo
    © 2022, Onati International Institute for the Sociology of Law. All rights reserved.Studies on access to justice use conceptual categories such as judiciable problems, legal needs, and courses of action. This study analyzes current standards in empirical studies on Access to justice and offers a dynamic, centered in people’s autonomy and comprehensive perspective of these concepts. It proposes that judiciable problems should be understood in a dynamic way and introduces the concepts of linked problems, clusters of problems, superproblems and secondary problems. It also distinguishes between the components of knowledge, will and economic resources in the configuration of instrumental, systemic and substantive legal needs. Finally, it offers a dynamic definition of the trajectories of access to justice in contrast to the idea of exclusive and independent stages. The dynamic, autonomic and comprehensive understanding of access to justice strengthens the analysis of access to justice in action.
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    The Effect of Extralegal Factors in Decision-Making About Juvenile Offenders in Chile: A Quasi-Experimental Study
    (SAGE PUBLICATIONS INC, 2022) Carvacho Traverso Pablo Antonio; Droppelmann Roepke Catalina Sofia Jadranka; Mateo Pinones Mariel
    This study seeks to identify the underlying factors related to the sentencing process for juvenile justice cases in Chile. To this end, a factorial survey method or quasi-experimental vignette method was used. This method allows us to understand with greater clarity the complex cognitive process involved in judicial decision-making. The results confirm that legal factors carry the critical weight for judicial decisions, though extralegal factors also play a role. Among these, factors associated with the offender (such as drug use and school attendance) and characteristics of the judges themselves (such as judicial attitudes and their previous experience) all influenced the decision-making process. These findings allow us to provide evidence about decision-making in the Latin American contexts and add to existing evidence in order to understand the moderating effect of certain class and gender stereotypes.
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    The right to in prison defense in Chile: When there is no rightEl derecho a la defensa penitenciaria en Chile: Cuando no hay derecho
    (Centro Estudios Derecho Penal, 2021) Carvacho Traverso Pablo Antonio; Mateo Pinones Mariel; Valdes Riesco Amalia
    © 2021 Centro Estudios Derecho Penal. All rights reserved.The prison population has specific legal needs. While several of these needs are judicial in nature, others are related to personal issues. Whatever the nature of these needs, they should be addressed by the Penitentiary Public Defender's Office, a specialized service of the Public Defender's Office. This article presents the findings obtained from an extensive fieldwork in prisons and penitentiary defense offices in six Chilean regions, with 766 non-participant observations of first interviews in prisons, 616 analysis of folders and of the Computer System of Criminal Defense Management (SIGDP), 19 interviews with Gendarmerie officials and prison defenders, 9 focus groups with prisoners from eight jails, a survey to validate results with 92 responses of defenders and social workers of the penitentiary offices, and a panel of experts, in order to provide an X-ray of the prison defense in Chile. The results show how the exercise of prison defense is limited by a number of factors, but especially, by the overlap of diverse institutional cultures, practices and norms. It is argued that as long as there is no prison law that regulates conflicting institutional expectations and practices, this problem will continue. The absence of law leaves the effective defense of convicts' rights to the discretion of administrative authorities.