Constitution and Crime in the New Nicaragua (From Nicaraguan Constitution of 1987: English Translation and Commentary, P 219-251, 1991, Kenneth J Mijeski, ed. -- See NCJ-129056)

• NCJ Number: 129057
• Author(s): R J Wilson
• Date Published: 1991
• Length: 33 pages
• Corporate Author: Ohio University Ctr for International Studies
• Sale Source: Ohio University Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This analysis of the constitution adopted by Nicaragua in 1987 focuses on the ways in which it is consistent with the constitutions of other Latin American countries and analyzes the constitutional protections provided to accused persons in criminal cases.

Abstract

Like other Latin American countries, Nicaragua has adopted a constitution that draws heavily from the Roman or civil law tradition. In addition, instead of reflecting socialist or Marxist-Leninist constitutional patterns and ideology, the constitution represents a "third way" by showing elements of centralism and individualism, recognizing the right to private and collective property, and avoiding positions affirming either ideological socialism or free market capitalism. Its provisions on criminal justice also reflect civil law traditions and include protection against unreasonable searches and seizures, a privilege against self-incrimination, and the right to a full and fair public trial with an attorney. The constitution also creates specific remedies for illegal police conduct and emphasizes the rehabilitative nature of incarceration. The government's actions demonstrate an admirable record in protecting constitutional guarantees, but they should not be compared to those of a country that has enjoyed long-time peace and internal stability. Reference notes