NCJ Number
58648
Date Published
1979
Length
225 pages
Annotation
TWO TYPES OF INNOVATIVE URBAN COURTS IN CHILE ARE COMPARED; THE PURPOSE OF THE STUDY IS TO GAUGE THE POTENTIALS OF DECENTRALIZING URBAN JUDICIAL INSTITUTIONS.
Abstract
DURING 1971, THE FIRST YEAR OF THE ALLENDE GOVERNMENT IN CHILE, SEVERAL SQUATTER SETTLEMENTS ESTABLISHED THEIR OWN NEIGHBORHOOD COURTS WITH ELECTED LAYPERSONS SERVING AS JUDGES. IN THE SAME YEAR, A FEW PROFESSIONAL JUDGES BEGAN HOLDING INFORMAL COURT SESSIONS, CALLED AUDIENCIAS POPULARES (A.P.S), WITHOUT LAWYERS, FOR RESIDENTS OF POOR WORKING-CLASS NEIGHBORHOODS WITHIN THEIR JURISDICTIONS. EACH COURT ACHIEVED PARTIAL SUCCESS BY IMPROVING ACCESS TO JUDICIAL SERVICES WITHIN POOR COMMUNITIES HISTORICALLY EXCLUDED FROM THE TRADITIONAL COURT SYSTEM, BUT NEITHER MADE A BROAD IMPACT ON ITS RESPECTIVE SANTIAGO COMMUNITIES THROUGH REGULARLY PROCESSING LARGE NUMBERS OF DISPUTES OR OPERATING WITH WELL-ESTABLISHED RULES. THE TWO TYPES OF COURTS GENERATED DIFFERENT CASELOADS, AND EMPLOYED DISTINCT PROCEDURES. THE PURPOSE OF A.P.S, IN ESSENCE, WAS TO PROVIDE A CHEAP MEANS, WITH INFORMAL PROCEDURES, BY WHICH CLIENTELE WITHIN THEIR JURISDICTIONS COULD GAIN ACCESS TO THE JUDICIAL INSTITUTIONS OF SOCIETY. THE NEIGHBORHOOD COURTS, ON THE OTHER HAND, WERE PART OF AN OVERALL POLITICAL DRIVE TO PLACE MORE DECISIONMAKING POWER IN THE HANDS OF THE PEOPLE. EXAMINATION OF THE TWO COURTS OFFERS LESSONS IN THE PROBLEMS OF FOUNDING AND INSTITUTIONALIZING SUCH EXPERIMENTS, PARTICULARLY IN TRYING TO IMPLANT PROFESSIONAL JUDGES HAMPERED BY OTHER PRIORITIES OR LAY COURTS WITH NO CLEAR GOALS. THE LEGACIES OF THESE TWO CHILEAN INNOVATIVE COURTS MUST REMAIN AMBIGUOUS AT PRESENT, PARTLY BECAUSE LIKE COURTS EVERYWHERE, THEY REMAIN DEPENDENT ON THE LARGER SOCIETY. APPENDIX, REFERENCE NOTES, AND A BIBLIOGRAPHY ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--LWM)