Chile's Criminal Law Reform

University of Miami
Chile's Criminal Law Reform: Enhancing Defendants' Rights and Citizen Security
Author(s): Lydia Brashear Tiede
Source: Latin American Politics and Society, Vol. 54, No. 3 (Fall 2012), pp. 65-93
Published by: Distributed by Wiley on behalf of the Center for Latin American Studies at the
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Chile's Criminal Law Reform:

Defendants'
Enhancing
Rights
and Citizen Security

Brashear
Lydia
Tiede
ABSTRACT
Many
broad
nal
democratic
such
Although
scholars
America
have
implemented
at making
crimi
institutions
more
and
modern.
legal
transparent
reforms are important
for democratic
development,
debate
of which
are
aimed
the reforms result in more rights for defen

citizens'
about secu
they jeopardize
perceptions
two original
datasets
and a fixed-effects
this study
model,
and
dants
in Latin
governments
some
reforms,
judicial
law
and
whether
whether
rity. Using
shows
that
criminal
law reforms
in Chile
have
groundbreaking
certain
of defendants'
the
aspects
rights by decreasing
of individuals
in pretrial
detention.
Chileans'
perceptions
crime
and
violence
in regions
where
the reforms
were
improved
number
about
also have improved.

implemented
to the government's
commitment
certed
and consistent
efforts by
results
have
significant
implications
reforms.
Chile's
the
of
rates
the
not
tation
most
only
of legal
crime
High
significant
make
institutions,
rates
also
concerns
about
prison
question
whether
the
ficient
may
state
To
deal
but
and
to
with
has
prison
and
the
with
individual rights, especially

promised.
lead
violence
have
these
may
even
making
and
law
the
related
citizens
everyday
is
about
repu
democracy.
with
influence
problems
crime
High
erode
overcrowding,
concerns
criminal
These
similar
region.
to provide
the
those of pretrial detainees,
competing
enacted
the
also
possibly
riots,
power
criminal justice systems, and due process

governments
crime.
implementing
facing
insecure
government,
Concurrent
security.
feel
as to con
in Latin America is currently one
challenges
citizens
to be due
appears
as well
to fight
police
countries
for other
increase of crime and violence

The
success
to the reforms,
suf
attenuation
of
historically com
crime,
antiquated
rights, many Latin American
reforms.
Although important criminal justice reforms have been recently

in the majority of Latin American countries, they pose a
adopted
dilemma for politicians. Progress in criminal law reforms means not only
making the system more efficient and transparent but also providing
to
rights
heighten
as
they
defendants.
anxiety
currently
This
among
are
latter
citizens,
across
Latin
achievement
especially
America
has
if crime
the
rates
(Malone
2012
2010;
potential
are
on
the
Bergman
University
to
rise,
and
of Miami
DOI: 10.1 lll/j.1548-2456.2012.00165.x
66
LATIN AMERICAN
Whitehead
Citizens
with
to
criminal
associate
law
defendants'
(whether
at
rights
the
of
expense
reports
or
and
increases
may
in
the
reforms,
touted
face
as
of
crime.
rising
one
of this
country's
tury (Mohor and Covarrubias

To
determine
intended
whether
such
purposes,
and
with criminal law

Chile's
criminal
reforms
important
reforms
have
the
decreasing
achieved
several
the
citizens
in the
questions
of pretrial
rights
feel
be
might
less
secure
context
pretrial
of a single
own
on
the
crime
the
ensure
is
on
population
and
of rights
provision
data,
hypotheses,
concludes
The
their
in the
analysis
of people
have
citizens
Instead,
both
results
well
the
been
to
be
arrests
in the
comparison
conditions
law
and
may
questions
of law
were
and
The
article
believe
decreased.
of the
in the
most
case,
Chile provides
for successful
These
reforms,
prevalent
which
is
of secu
sense
a basis
concerning
implementation
as
reforms,
the
citizens'
hypotheses
Amer
citizen security.
introduced
enhanced
of new
the
of Chile,
high regard for the police,

have
of
decrease
in Latin
predating
increases
one
the
case
have
scope
enforcement,
with
may
the
successful
of crime
breadth
the
In
most
reforms
seriousness
formation
necessary
and
achieved
namely,
did not jeopardize

the
only a single-country
be
their
reforms.
rights;
the
where
populace's
for the
about
reforms
study.
reforms
detention.
deemed
to
also
law
of the
law
law
to defendants'
commensurate
region,
rity. Although
due
efforts
crimes. The Chilean

unique
and
quantity
continuous
to increase
conditions
These
The third section sets forth
criminal
in pretrial
in regions
appear
as
What
criminal
results
criminal
and Vargas 2006),
ica (DeShazo
that
similar
related
goals
which
reforms,
to
make
promises
of the results and implications for Chile and

that
suggests
number
case
promises
perceptions
the
and
methodology,
undertaking
intended
such
rise?
citizens'
of
description
with a discussion
countries
other
do
the
In the
country.
of reforms?
success
their political and social context is provided.

the
their
of
first by reviewing the literature on the effect of legal
Second,
security.
If so,
detainees?
when
to
necessary
will be addressed
reforms
law
in a cen
some
detention
of Chile, do criminal law reforms deliver on politicians'

improve
increases
the efficiency of the criminal justice system, this study
and enhancing
analyzes
on
the
associa
2007, 75).
the
as
It focuses
most
to false
rights
in crime (Malone 2010; Duce and Riego 2009).

This article describes one country's experience
reforms
crime
Furthermore,
lead
of defendants'
in
to emphasize
appear
order.
cases
provision
54: 3
not)
reforms
law
of sensational
a reform's
between
such
SOCIETY
2002; Dmmert et al. 2008).
validly
because
reforms,
media's
tions
AND
2009; World Health Organization
tend
popular
POLITICS
for
what
of criminal
reforms.
TIEDE:
Legal
Reforms,
Much
of the
about
ceptions
to
the
on
intended
the
intended
and
whether
amount
and
effects
Citizen
reform
legal
and
of
LAW REFORM
CRIMINAL
Rights,
literature
as legislators
CHILE'S
focuses
the
whether
reforms
scholars
more
debate
work
citizens'
undermine
of crime
seriousness
reform,
Security
on
reforms
67
per
As
generally.
whether
reforms
related to improving rights really work. While some scholars fervently

state why reforms should be effective, they avoid the more challenging
of whether
question
has
not
introducing
valued
previously
enforces
them.
In
transform
into
rights
scholars
general,
would
rights
such
one
assert
that
that
that
society
and
recognizes
criminal
law
reforms
should enhance
civil rights by incorporating constitutional and interna

tional human rights norms into domestic legislation (Venegas and Vial
2008).
scholars
Furthermore,
out
Latin
America
on
commenting
have
2007)
(Langer
criminal
asserted
law
that
reform
reforms
through
converting
countries' criminal justice systems from inquisitorial to adversarial were

motivated partly by politicians' desire to improve civil rights in those
countries.1
Other
throughout
Latin
torial
systems,
trials
are
not
commentators
America
on
have
justified
grounds
that
under
procedures
as
the
abusive
accusatory
of human
systems
and
rights
criminal
law
in comparison
are
reforms
to inquisi
oral
on
focusing
more
effi
transparent,
cient, and rapid (Davis and Lillo 1996).

While scholars generally assert that reforms directed at civil liberties
should positively influence those rights as intended, some scholars are
more skeptical about the potential effectiveness of reforms, because
some
countries'
resistant
entrenched
to change
Scholars
1993).
et al.
(Brunetti
have
cultures
legal
noted
some
an
overreliance
on
U.S.
models
legal
and
reforms
changes to society (Merryman 1977; Messick

as
that
populations
McGuire
1997;
that
and
Olson
result
Olson
1996;
in
only
of
are
minor
1999). This may be due to
foundations
for
even
reform,
though "law is nationor societyspecific" (Merryman 1977, 479).

Hammergren (2007) is especially skeptical about whether criminal
law
reforms
intended
introduced
results.
She
faith" that law changes

sition
that
Latin
throughout
that
notes
reformers
America
tend
behavior and "excessive
adversarial
were
systems
much
to
will
have
achieve
had
their
"excessive
reliance" on the propo
better
at
delivering
justice
than inquisitorial systems (Hammergren 2007, 38-39). She further notes

that reforms are often hindered due to a lack of political will to draft
implementing regulations and errors and oversights in the legislation
itself.
In
any
there
event,
legal reforms achieve

Whether
separate
reforms
question
are
few
studies
quantitative
the goals that politicians

achieve
from
whether
some
of
criminal
their
law
that
test
whether
intended.
intended
reforms
goals
change
is
often
citizens'
68
LATIN AMERICAN
attitudes
make
may
on
emphasis
tured
their
concerning
reforms
that
POLITICS
own
individuals
defendants'
if more
SOCIETY
security.
Some
feel
secure
less
rather
rights
are
rights
AND
than
to
provided
scholars
law
and
to
the
order.
defendants,
that
believe
due
reforms'
It is conjec
crimi
dangerous
nals will be released
to society while their cases are being investigated

Posner finds that "as for granting extensive rights to
(Prillaman 2003).
criminals, this is bound to undermine the efficacy of the criminal laws"
and that having more rights makes it "harder to convict the guilty as well
as the innocent" (1998, 9).
The
be
association
negative
exacerbated
when
between
real
reforms
and
crime
is on
or perceived
citizen
the
security
may
(LaFree
and
rise
2003). USAID, in a study on promoting and

2006;
the
rule
of
law, states that "difficult economic conditions
maintaining
Tseloni
Prillaman
and increasing
that
erty
the
crime are diminishing the security of person and prop
rule
of law
with
dissatisfaction
is intended
that
reforms
to
seek
and
protect
political rights, and ensure due process" (USAID

when
crime
is
on
the
reforms
rise,
do
not
are
civil
to safeguard
to
contributing
liberties,
protect
2002, 10). Furthermore,

translate
necessarily
into
greater support for judicial institutions and actors (Malone 2010, citing
Easton 1965, 1975). Ungar (2009) notes that if the promises justifying
new
law
criminal
with
societies
reforms
stable
and
lower
Citizens'
who
are
Voters
rates
with
and
in most
be
may
Whitehead
As
noted
citizens value
for criminals.
rights
to
significant
Writing
governance.
then
continues,
to achieve.
moreover,
process
especially
of
crime
and
harder
(2010),
due
are
issues
out
carried
over
concerns
security
Bergman
not
order
and Malone
crime
concerned
America,
are
and
(2007)
by Hammergren
security
law
politicians
about
Latin
note,
are coming
countries
recently democratized
as central
issues
of political
citizen
insecurity
their political
leaders
to evaluate
beginning
of these
to view
crime
and
concern,
and
are
This
can lower
confidence
in state institutions
public
in the justice
and can weaken
for the
system)
(especially
support
in
the
of
the
human
standards
that
course
struggle
rights
emerged
and Whitehead
for democratization.
2009, 1-2)
(Bergman
accordingly.
A similar concern is mirrored by Caldeira (2000),

a correlation
increased
between
toward the government's

rule
ended
may
lower
in
in
This,
rights
standards
(2009),
turn,
may
that
commenting
may
Citizens'
have
concerns
in
weaken
emerged
citizens'
who demonstrates
negative
opinions
of rights to prisoners after military
provision
confidence
public
itself.
reforms
Brazil.
and
crime
the
legal
citizen
after
basic
about
system
for
support
transition
to
of
issues
and
in
the
security
government
very
human
Psara
democracy.
on Chile's criminal law reform, states that while the

made
the
criminal
justice
system
quicker
and
more
TIEDE:
efficient,
drive
have
they
crime
In
done
to
opposition
reforms
legal
their
own
ment's
LAW REFORM
CRIMINAL
attack
to
nothing
69
the
underlying
forces
increase
in
for
that
in society.
rates
the
dants raises perceived

that
CHILE'S
a more
have
security.
an
to legal
effect
positive
this
Under
commitment
that
argument
rights
defen
levels of citizen insecurity, some scholars contend

perspective,
based
systems
on
citizens'
scholars
on
rule
the
of
perceptions
on
focus
the
of law
govern
rather
than
"the rule of men" or politicians. If the government provides rights for

criminals, it establishes that it will uphold the rights of other groups or
minorities (see Dworkin 1977, 205). Furthermore, through reforms
emphasizing
ment
minority
to placing
the
rights,
appropriate
demonstrates
government
limitations
on
government
its
power
commit
(Weingast
1997, 2003). When government sets standards for defendants' rights that
cannot
be
overridden
citizens
criminals,
the
by
may
feel
state
more
that
and
prosecutes
secure
state
against
incarcerates
these
and
impunity
vio
lence. Chilean scholars, such as Mohor and Covarrubias (2007), have gen
shown
erally
a correlation
between
criminal
law
reforms
the
and
public's
higher regard for courts, the public ministry, and the investigative police.
(See also Frhling 2009 for positive trends in the public's opinion of
Chile's national police, or carabineros.) However, such trends may be
more likely when a country is generally prosperous, like Chile, than when
it faces
severe
Chile's
economic
Criminal
Chile provides
inal
law
of citizens
on
regarding
USAID
has
(2002).
suggested
Law Reforms
a unique
reforms
as
challenges,
opportunity to test the impact of specific crim
both
the
crime.
of defendants
rights
Chile's
transition
and
the
to democracy,
perceptions
after
author
itarian General Augusto Pinochet failed to win a plebiscite, resulted in

the 1990 election of President Patricio Aylwin, who championed human
rights. As part of Aylwin's initiative for dealing with Chile's past human
rights
he
atrocities,
the
created
Rettig
Commission,
which
cized
severely
the Chilean judiciary's complicity in these abuses

National Commission on Truth and Reconciliation 1991)
criti
(Chilean
In their report, among
other things, members of the Rettig Com

emphatically suggested that international human rights stan
dards related to criminal defendants and prisoners should be incorpo
rated into Chile's domestic law. In this way, Chile's democratic transition
criminal law reforms analyzed
provided impetus for the subsequent
here. For Aylwin and members of the Rettig Commission, improvement
mission
of the justice system in Chile necessarily involved improving the rights

of vulnerable members of society; namely, criminal defendants.
Building
on
judicial
reforms
introduced
to the Rettig report, President Eduardo
under
Aylwin,
in response
Frei Ruiz-Tagle in 1995 launched
70
LATIN AMERICAN
AND
POLITICS
SOCIETY
a plan to reform the criminal justice system (Frei 1995). One reason for
reform
was
to
make
an
criminal
antiquated
justice
run
system
more
effectively. Despite this general reason, Riego (2006), who was signifi
cantly involved in creating the reform, lists three other primary justifi
cations.
reform
the
First,
was
intended
to establish
ing the rights of criminal defendants

international
standards
and
those
regarding the rights of detained

alleviate
the
of
challenges
in
practiced
individuals.
prison
for respect
standards
that were more consistent

advanced
with
democracies
Implicitly, this would

and
(DeShazo
overcrowding
help
Vargas
2006). Prison population rates (i.e., individuals imprisoned per one hun
dred thousand of the national population) were 154 in 1992 and rose to
de Chile 2011; International Center
304 in January 2011 (Gendarmera
for Prison Studies 2011).
the
Second,
cial
and
system
reform
the
was
to improve
intended
in general.
government
the
Chile
of the
image
had
had
a long
judi
history
of judicial impotence, whereby judges had done little in cases involving

human rights abuses (Hilbink 2007; Correa Sutil 1993, 1997). Third, the
reformers
intended
legal
the
criminal
justice
the
criminal
law
14
reform
criminal
regional
countries
code
Further,
been
movement
reforms
victims'
not
although
have
may
reform
adopted
to improve
changes
process.
similar
initiated
across
in Latin
In Chile,
implemented
criminal
law
the
Before
This
code
and
for
of criminal law
America).
the reforms promulgated between 1997 and 2001 and

moved Chile's
between 2000 and 2005 (see appendix)
closer
system
Chile
reforms,
to
that
which
in
existed
under
operated
an
arcane
the
maintained
of
many
the
basic
United
Penal
structures
States.
of criminal
set
found in its 1906 Cdigo de Procedimiento
cedures
of
in which
in Chile
adopted
in
Riego,
because
America,
many similar reasons (see Langer 2007 for an overview

reforms
voice
by
partly
Latin
to those
and
rights
mentioned
the
of
pro
(CPP-1906).
inquisitorial
system established by Spain during the colonial period (Carocca et al.

2000, 7), and Chile's prereform criminal law system was considered
the
"among
most
conservative
and
in
oppressive
the
hemisphere"
2002, 42). In effect, the reforms converted Chile's criminal justice

from
inquisitorial to adversarial. The reforms incorporated four
system
significant changes to the criminal law system, as summarized in table 1.
(USAID
out and replaced
First, the reform phased

de garanta
to
entirely
required
to present
garanta
then
makes
If the
parties
choose
defendants'
defendant
regarding
not
lower
new
to use
the juzgado
courts,
and
rights,
24
hours
of the
detention
any
lower criminal
de garanta
oral. The juzgado
to it within
suspects
the
two
de juicio
protecting
informs
decisions
with
crimen,
and the juzgado
devoted
and
de
or juzgados
courts,
antiquated
of the
of arrest.
charges
and
other
available
the
The
against
due
him
process
alternative
is
are
police
juez
de
or
her
rights.
resolu
TIEDE:
CHILE'S
LAW REFORM
CRIMINAL
71
Table 1. Reforms to Chile's Criminal Justice System

Postreform
Prereform
Criminal
cases
crimen
in juzgados
the same judge
investigated,
de
heard
in which
charged,
sentenced
defendants.
No
independent
public
of new
and
to hear
oral
prosecuted,
and
Creation
garantta
Creation
prosecutor.
and
No
defender
public
often
assigned
service;
with
lawyers
and
Creation
office
ing those
Criminal
law
was
Codigo
which
limits
rights
Penal
limited
provided
victims'
by the
governed
de Procedimiento
and
on detention
with
and
defendants'
tions
defendants
nificant
of individuals
prior
detention.
or abbreviated
de juicio
de garanta
to the juzgado
Prosecutors
from
their
respective
who
render
A second
that
ensures
the
sides
area
significant
judges
involvement
case
regarding
no
criminal
process
case
warrants
and
sig
for pretrial
code
new
efficient
describes
transparent
(2000).
it, the
oral
before
a panel
Pblico
and
defense
in
open
trial
of the
an
orders
judge
of three
judges.
attorneys
before
present
these
judges,
creation
of an
office, the Ministerio Pblico,
reform
which
conduct
longer
involved
criminal
bias that would
judicial
in all
The
a more
and
limits
guilt.
prosecutor's
turn, helps eliminate

former
de juicio
of the
public
the
rights for
victims
time
Penal
Procesal
new
and
new
(2001).
oral to move the case from the juzgado
Ministerio
a decision
independent
and
processes
el auto de aperatura
in represent
of crimes
of Codigo
time
to sentence.
defender's
expertise
substantial
no meaningful
in crimi
the state
accused
Creation
of 1906,
to
defendants
(1997/1999).
of public
with
as
prosecutor
charge
proceedings
little legal
(2000).
Publico
public
to represent
defendants
experience.
cases
of Ministerio
independent
nal
de juicio
criminal
investigate
de
juzgados
juzgados
of the
stages
the
in
This,
investigations.
arise through a judge's
criminal
Under
prosecution.
the
prereform process, individual rights were further curtailed because a

judge could not escape the prejudices that inevitably accrued when
investigating a case before its submission to criminal process. The judge
was
thereby
a crime
took
given
the
contradictory
place
and
then
tasks
weighing
tion of guilta question the judge

mined during investigation.
A
third
defender's
major
office,
facet
of
or Defensoria
the
the
was
Pblica,
the
whether
to resolve
had apparently
reform
Penal
of first investigating
evidence
already
of
creation
to ensure
the
that
ques
predeter
a
public
defendants
72
have
LATIN AMERICAN
POLITICS
AND
SOCIETY
to counsel.
Before
the
reform,
a meaningful
right
service did not exist. Instead, judges appointed

but
defendants,
unable
neys
were
ensures
that
defendants
law
inexperienced
defendants
represent
in
effectively
criminal proceedings.
complicated
service
of these
many
to
a public
individuals
defender
to represent
students
often
or attor
serious
The creation of a public
have
access
to attorneys
who
and
defender
specialize
in criminal defense.
the
Fourth,
reform
included
a new
criminal
the
code,
Proce
Cdigo
sal Penal (CPP), which describes a more efficient criminal process, sub
stantially improves the rights of defendants and victims by codifying
new
substantive
effective.
The
be presumed
de
and
most
procedural
important
and
rights,
new
makes
the
rights
more
system
are
for defendants
the
to
right
innocent and the right to a public defender, or defensor

who
confianza,
holds
the
actual
title
of
Additional
attorney.2
new
rights include the right to an oral public trial, the right to intervene in
the entire process, and the right to know immediately the specific
charges
the
against
defendant
himself.
the
Once
is aware
defendant
of
the charges against him, he has several rights related to his ability to
present a defense, including the right to contradict allegations in an
and
accusation
to
review
the
file
investigation
prosecutor's
from
the
outset.
The
other
main
in defendants'
improvement
while
out
the
judge
the
investigated
of the
knowledge
case
notes
that
tion.
Riego
(2006)
the
number
of
people
in
the
new
reform,
tivd).
Under
case;
one
or
must
ately.
now
have
Decisions
called
a right
to be
the
regarding
must
procesados,
informed
sustained
be
and
have
in
an
was
(prisin
to the
instead
pretrial
made
of the
reform
speak
detenido, within 24 hours of his detention,

defendants
pretrial
in prison
held
status
detention
pretrial
judge
be
the
of the
impetus
lengthy
the
could
they
them
against
concerns
rights
could be held for long periods
custody. Before the reform, defendants
an
with
investiga
to
reduce
preventa
or
defendant,
of five days, and

immedi
attorney
of defendants,
detention
adversarial
with
manner,
both the defense and the prosecutor presenting evidence on this issue,
and only after prosecutors have formalized charges against the defen
dant (Venegas and Vial 2008, 45). In the prereform system, individuals
in pretrial
detention,
who
constituted
about
half
of the
incarcerated
pop
ulation, had no time limits to their incarceration and languished in jail

for very lengthy periods (Riego 1998, 440).
One justification for the Chilean criminal law reform was to reduce
"restrictions
of
the
people's
rights
(especially
shortening
of
time
in
prison)" (Riego 1998, 446). The new statutory time limits placed on
incarcerated individuals, along with the emphasis on defendants' rights,
ensure that defendants do not remain in jail for lengthy periods before
trial
and
conviction,
as
they
did
under
the
prereform
system.
Statistics
TIEDE:
CHILE'S
Table 2. Timetable
73
LAW REFORM
CRIMINAL
for Reforms
Date
Region
December
2000
October
4,9
2, 3, 7
2001
December
2002
1, 11,
December
2003
5, 6, 8, 10
2005
June
on
Metropolitan
times,
case-processing
form
and
crimes
postreform
and
has
prisoners
changed
for less
show
that
The
new
to
also
code
intervene
serious
the
crimes,
prere
of
categorization
and
prereform
and Riego (2009),
Victims
certain
are
substantially
in
postre
citing many differ
time
of pretrial
deten
the
victims'
improved
criminal
The
and
process.
oppor
rights
reform
now
decisions
allowed
to intervene
the
regarding
in a case
of the
progress
the
required
to represent victims' interests in individual
Ministerio Pblico
on
to compare
the
the
(R.M.)
Santiago
decreased.
tunities
cases.
because
between
ent
has
it difficult
duration
this, Duce
studies,
make
however,
detention
form period.3 Despite

tion
12
and
criminal
to have
input
case.
Although all of Chile's criminal law reforms were approved by 2001,

the laws themselves provided for gradual implementation. The new
CPP, which took effect in October 2000, allowed for the new process to
be implemented in stages by region over a five-year period. The first
stage of the reform was implemented
in Serena
cania
reform
in
2005
June
institutions
the
the
last
stage
of the
most
populated
implementation
time
and
the
was
tiago
final
Santiago,
further
but
2004,
new
The
legislation,
original
by
9).
(region
was
provided
training
of the
stage
area
in the
supposed
due
to the
In any
to its size
In
and
the
completed
task
large
mid
by
country.
to be
prosecutors.
due
reform,
completed
was
and
judges
4) and Arau
(region
was
of creating
San
event,
the
number
of
legal institutions implicated.

The
timetable
of the
reform
and
a map
in table 2 and figure 1, respectively.

the
old
applied
Chilean
include
system
was
such
out,
phased
of Chile's
are
regions
found
As the new reform was phased

that
nonreformed
courts
in,
still
the prereform law to existing cases through 2010. While the

reforms emphasized
judicial and legal actors, they did not
extensive
reforms
to the
police
or prisons
related
to the
reforms
specifically (but see Fuentes 2005; Frhling 2009 for a historical discus
sion of some police reforms).4 Although the reforms did not change the
internal
structure
police
and
lished
in the
or
prison
reform.
day-to-day
wardens
Reforms
operations
had
to
comply
to these
other
of
with
these
new
institutions
two
institutions,
deadlines
were
estab
not
a pri
LATIN AMERICAN
AND
POLITICS
SOCIETY
Figure 1. Map of Chile's Regions
Source:
at the
ority
sidered
by
time
the
Chile's
in
ial,
as
the
14
that
Latin
were
largely
in most
Unlike
government's
to
system,
the
million)
on
also
thousands
now
being
and
reform
budget
judges
a
and
that
was
in the
region,
to
it were
commitment
to
assistance
reform
are
passed
criminal
more
change
reform
Chile's
continuing
annually
massive
lawyers,
(Ministerio
advertising
and
the
and
In
unprecedented.
the
criminal
justice
to the
from its budget (approximately

to commit
pro
adversar
a significant
its commitment
signaled
to those
Converting
democracies,
government
included
of
only
similar
to those
countries
341 billion pesos

the
of the national
reform
advanced
foreign
are
countries.
inquisitorial
other
receiving
by spending
are
and
reforms
American
apparent
Chilean
law
criminal
other
2007).
addition
enactment
government.5
practiced
(Langer
reform's
substantive
at least
ceedings
of the
INE
more
than
reform
US$617
2 percent
The
de Justicia 2008).6
campaign,
construction
the
of
training
new
court
of
TIEDE:
houses
the
throughout
CRIMINAL
CHILE'S
such
country,
LAW REFORM
as
the
75
and
impressive
modern
Centro de Justicia in Santiago.

the
Despite
the
opinion
the
efforts
indicated
pieces
accorded
rights
and
resources
it was
however,
public,
met
that
to
some
citizens
criminal
to sell
expended
with
Chile's
were
the
to
articles
concerned
extremely
in
defendants
reform
News
trepidation.
and
about
of their
context
own
security (see Duce and Riego 2009). Citizens were thought to believe that
the criminal law reform resulted in judges' being overly lenient toward
defendants, both in the decision to detain them before trial and in their
inclinations to convict. Duce and Riego's 2009 study on pretrial detention
notes
and
that
some
certain
cases
high-profile
citizens
believed
that
due
received
to the
great
negative
publicity,
defendants
reform,
who
were
arrested were being released rapidly or treated leniently (see also Prilla
man 2003). For example, one editorial, titled "Security and Criminal Law
Reform," in Chile's leading newpaper, El Mercurio (2006), announced
that
cases
149,015
of reported
the
thermore,
during
continued
to increase
crime
enactment
and
in Chile
across
out Latin America (Dmmert

Testable
Taken
the
together,
the
to decrease
the
law
the reform changed

ousness
of crime.
the
effect
test
the
there
of
effect
is no
is only
the
tity and
of the
way
about
feelings
ernment
institutions
provides
causal
level
This
on
the
on
such
study
through
be
have
will
they
security
may
less
be
effect
concern
translated
into
of the
causally
there
Instead,
the
quan
It follows
esteem
them.
As
a result,
reform
on
two
as
security,
about
secure.
to protect
for the
beliefs.
more
feel
to
their
about
internal
people's
if citizens
whether
and seri
for determining
it is difficult
beliefs
test
purposes,
the amount
presented
detainees,
citizens'
to
and
detention,
about
can
seek
that
for gov
this
study
of pre
groups
perceptions
seriousness.
does
system
subjects.
this
reform,
it did
and the effect of the reform on individuals'

and
study
legal
on
empowered
testing
test
measure
that
as
of its intended
in pretrial
pretrial
of crime
positive
trial detainees
on
for
one
perceptions
reform
inference
types,
Fur
crime
Reform
achieved
a causal
to truly
magnitude
of crime
citizens'
reform
the
the
of individuals
While
of the
crime
developed
reform
number
most
closed.
provisionally
implementation
of
hypotheses
criminal
been
2009).
Implications
whether
had
not
attempt
or society,
However,
to analyze
all
given
the
limited
it should
be
noted
the
effects
amount
that
of the
of data
using
reform
available
different
meth
ods than those applied here, Baytelman and Duce (2003) and Fuentes
(2005) have provided early summary statistics of the effect of the reforms
on
a range
noted
of variables.
dramatic
decreases
Furthermore,
in case
the
resolution
Chilean
time
Ministry
(Ministerio
of Justice
de
has
Justicia
76
LATIN AMERICAN
2009).
While
of the
reforms
these
is to analyze
ables
studies
on
discussed
provide
a variety
here.
AND
SOCIETY
evidence
significant
of other
the
separately
POLITICS
of the
effect
the
Moreover,
the
variables,
reforms
few
on
earlier
about
purpose
the
two
the
effect
of this
study
specific
vari
on
studies
quantitative
the reform deal with a limited period before the full enactment of the
reform
or
fail
postreform
As
to
use
true
observations
in many
domized
for causal
required
social
science
are
experiments
method
quasi-experimental
or
policy
rarely
implication
as
on
ment
based
a population,
"on
(perhaps
possible,
11).
2003,
next
naturally
manner
best
governments
to
of contexts
have
or
or
random
been
used
of a treat
quasi-experi
institutions
(Angrist
to determine
the
impact
variables
and
Currie
that
control
assignment"
dependent
1994;
Krueger
effect
into treatment and
on specified
and
(Card
the
testing
people
do
generally
is a natural
purposeful
in laws or policies
ran
Although randomized
circumstances
divide
akin
for
thing
occurring
Quasi-experiments
of changes
number
standard
gold
the
unintentionally)
in
groups
the
provide
ment
and
pre-
investigations,
not randomly assign policy to specific locations.

experiments
with
inference.
in a
Gruber
1993;
Katz and Krueger 1992; Meyer 1995, citing Card 1992a, b).7 Quasi-exper
iments
be
do
not
require
require
compare
with
posttest).
In
As
noted
reforms
gered
pre-
by
on
and
of
was
the
reform
are
control
not
was
Here,
this
implemented,
before
groups
treatment
times.
In
2000.
of
and
For
the
the
has
rarely
about
legal
Chile's
stag
are
groups
for such
the
where
those
where
all the
regions
the
2000,
of
availability
regions
example,
December
(i.e.,
framework
are
to
pretest)
reform
tests.
a unique
groups
simply
a
discussions
reform
control
at given
reform,
reform.
empirical
and
the
law
treatment
criminal
effect
than
provide
the
(i.e.,
the
most
particular
the
implemented
the
result,
rather
observations
postreform
a quasi-experiment.
reform
conjecture
implementation
treatment
is the
(2007),
As
case
quasi-experiments
after
treatment
Hammergren
based
the
occurring
quantitatively.
are
Instead,
before
the
analysis,
or in this
treatment,
regions.
observations
this
tested
the
to the
observations
multiple
been
that
assigned
randomly
reform
was
implemented only in regions 4 and 9, so these are the only two treat
ment groups for this fraction of a year, and the other regions provide
control
in more
by
for comparison.
groups
2006,
regions,
all
and
regions
As
the
number
are
treatment
time
elapses,
of treatment
groups,
reform
groups
as
the
is implemented
increases.
reform
Finally,
is completed
across the regions by mid-2005.

Pretrial
The
Detentions
first hypothesis
tested
here
asserts
taken by the Chilean government
that
achieved
criminal
law
reforms
under
one of the intended effects,
TIEDE:
on
is based
ment
to the
ditures
LAW REFORM
CRIMINAL
77
the number of defendants in pretrial detention. This hypoth
decreasing
esis
CHILE'S
both
the
reform's
as
for training
and
judges
on
focus
government's
success,
evidenced
lawyers,
and
rights
and
its past
by
new
building
its commit
future
expen
and
courthouses,
advertising the benefits of the reform to the populace.
This hypothesis
is also
should
based
on
the
literature
that
reforms
that
posits
improve
rights when intended to do so (Venegas and Vial 2008; Davis and Lillo
1996). The null hypothesis is that the reform, although well intended,
had
no
effect
on
the
lack
of
analysis
ine
data
uses
viduals
in testing the effect of legal reform thus far has been
for
two
defendants'
before
detainees
than
interest.
The
by the
in order
to measure
number
alone.
quantitative
is used
in the
change
sentencing.
the
However,
first dataset
A logged
is used
rather
of
databases.
as measured
rights,
of detainees
variables
many
distinct
incarcerated
of pretrial
detainees.
pretrial
One challenge
the
of indi
of the
variable
number
in number
change
data
These
to exam
number
were
collected
from the Biblioteca Unidad de Investigaciones

Criminolgicas de Gen
darmera de Chile in Santiago in the summer of 2007. For this portion
of the
an
analysis,
dataset
original
was
created
by
copying
from
pages
books in this library regarding the number of detenidos and procesados

for each of Chile's 13 regions over time. This unique data collection
included
the
To
test
of
number
before
region
and
the
after
effect
a fixed-effects
the
two
reform
had
of the
reform
on
was
regression
of
types
the
the
The
for
in each
enacted
detention
pretrial
undertaken.
detainees
pretrial
been
each
region.
population,
in
is specified
regression
the following equation:

lo$pretrial
detaineesu)
2 logicriminal arrestsit) + }log(GDPit)

XCyears) + X( regions) + a + vjt
The
first
detenidos,
tially
variable
dependent
which
detained
refers
for
no
to the
more
for
percent
than
five
days
detainees
number
log
of
the
detainees
the
by
dependent
of procesados
after initially appearing
before
4 log(populationjt)
the
is
of individuals
change
The second
the
pretrial
their first court appearance.

is
, REFORMt
who
Gendarmera
of
log
ini
are
before
variable for pretrial

incarcerated
before
sentencing
judge (Gendarmera
1992-2007).
Procesados
are individuals who have appeared
before a judge
within five days of arrest but are waiting to be either charged, tried, or
convicted. Procesados constitute the largest group of individuals incar
cerated in Chile, making up about half the detained population (Riego
1998,
440).8
prereform
Procesados
Chile,
as
suffered
they
had
to
significantly
wait
months
from
and
lack
often
of
years
rights
to
in
have
78
LATIN AMERICAN
formal
time,
charges
brought
procesados
often
them
against
lost
POLITICS
their
AND
and
54: 3
a verdict.
to reach
and
jobs
SOCIETY
certain
During
this
as the
right
such
rights,
to vote (Riego 1998, 440). Procesados and their lengthy time in deten
tion were also pinpointed as a significant problem in Chile's Truth and
Reconciliation Report. Limiting the time in pretrial detention for these
individuals
was
seen
as
an
important
for
step
Chile's
posttransition
democracy.
Data
for the
sources.
variables
independent
Criminal
arrests
were
de Chile (INE 1997-2007).

are
to predict
thought
there
words,
number
of people
Gross
national
to deal
Nacional
variable
The
reform
legislation
and
reform
with
and
other
the
and
arrest
through
as
each
the
Central
and
(Jacobs
challenges
Helms
The
middle
variables
or
or end
also
arrest
the
Fractions
of
rates.
criminal
when
reform
the
reform
of
reform
was
used
if the
variable
one.
were
was
of a year.
includes
for both
variables
binary
to control
help
de
con
number
potential
by
dates
the
independent
of zero
model
the
to higher
determined
specifying
from
poblacin
is also an appropriate
leading
was
region
de
Proyecciones
increases,
increases,
variable
in the
These
economic
population
region.
fixed-effects
from
collected
Central de Chile 2000,

as a control variable
Estadsticas,
crimes
a dummy
year.
was
region
Regional population
for each
occurred
The
system
Nacionales
amendments
in
as
by
de
because
committing
coded
justice
In
rates
estimates by region were made available
Population
introduced
of
(Banco
product is included
level of the region affects whether individuals
Chile hace 2050 (2007).

people
incarcerated.
incarceration
criminal
a variety
Carabineros
in the regression, as they
national
to crime
Instituto
trol
between
from
Anuario
of individuals
the
product
the economic
1996, 335).
the
enter
de Cuentas
Gross
turn
may
number
relationship
who
Anuario
2004-7).
because
the
and Beck 1997).
(Blumenstein
Bank's
collected
from
Arrests are included
the
is a direct
were
collected
for the
distinctiveness
region
of many
of Chile's regions and ensure that incarceration is not simply dependent

on
where
individuals
variables
regional
crimes
committed
also
to
help
control
and
for
are
issues
incarcerated.
that
may
make
These
certain
types of crime more or less likely in a region. The binary variables for
control
years
for temporal
dependent
variables
not
independent
for the
variations.
Because
data
detenidos and procesados

of criminal
variable
were
available
for the
dating back to 1991 but
arrests,
an
alternative
model
(i.e., model 2) was run as a robustness check, in which this independent

variable
was
As
to
stated
this
transformation
but
at the
the
decrease
achieved
removed
As
of the
shown
logged
of observations
number
one
of
number
goal.
the
outset,
of the
in
people
by
the
variables,
pretrial
regression
for the
increased.
of the
cornerstones
detention.
results
period
reform
The
in table
1993
was
reform
3 and
to 2007,
a
the
TIEDE:
Table
CHILE'S
of Procesados
in Percentage
3- Change
LAW REFORM
CRIMINAL
79
and
Detenidos
(1991/1993-2007)
Detenidos
1
Model
Procesados
Model
Model
Model
Reform
-0.537"*
-0.546*"
-0.141"*
-0.134***
log(Apprehensions)
(0.117)
(0.0946)
(0.0322)
(0.0304)
0.0248
0.123
(0.0634)
(0.208)
log(GDP
0.361
(0.681)
0.282
pesos)
(0.844)
4.203
(2.637)
2.709
est.)
log(population
(2.744)
Constant
-16.03
(14.95)
-23.35*
(14.15)
182
221
Observations
0.896
R2
Number
of regions
decreased
2.9
the
For
1 and
by
the
by
13
period,
by
because
42
2.
historically,
in a timely
or tried
charged
-0.0825
4.022***
(3.912)
(1.294)
182
221
0.984
0.973
13
standard
dummies
errors.
in both
percent
had
errors
are
1 and
and
model
percent
specifically
targeted
been
of
deprived
in jail for lengthy periods

fashion,
in
not
in model
16
were
they
Standard
regressions
model
by
Procesados
13
for all
decreased
rights and had remained
licensed
(0.0675)
0.843
procesados
in model
percent
reform
process
being
detenidos
same
(0.803)
(0.220)
12.26"*
13
13
***p < O.Ol, **p < 0.05, *p < 0.1

Notes:
Estimates
made
using panel-corrected
Results
for year and regional
parentheses.
from the author.
reported but are available
reform
-0.113
0.0248
(0.0634)
0.123
(0.208)
log(apprehensions)
0.0723
(0.259)
1 o **
often
without
due
without
access
to
attorneys.
Figure 2 provides a graphical depiction of the effect of the reform

on the change in detenidos in each region. The vertical line represents
the year in which the reform took effect in that specific region. In almost
every region, the change in detenidos dramatically decreased
of the
to
reform
have
started
downward
trends
9,
region
introduced
or
which
(along
thereafter.
shortly
downward
slight
were
was
with
one
still
of
region
3 and
Regions
trends
more
two
4),
before
11,
the
pronounced
where
regions
the
change
in
at the time
however,
reform,
after
the
the
reform
detenidos
appear
but
these
reform.
was
In
first
increased
slightly after the reform and then decreased.
80
LATIN AMERICAN
Figure 2. Change
m
<H
to*
ft
w
x>
AND
POLITICS
SOCIETY
in Detenidos
54: 3
by Year
1
6 f*
c
1990 1985 2000 2005
1990 1995 2000 20SS
1990 19S5 2000 2005
Year
Graphs by Region 1-13
Note:
Vertical
line is reform.
A similar graph for the change in procesados

in the
the
as
appendix.
of this
change
an
profound
Citizen
The
This
part
the
dual
increasing
the
insecurity,
an
population.
on
this
of the
esis
here
are
not
of
objectives
efficiency
effect
that
is that
Latin
increased
A
(LAPOP)
dramatic
the
in figure 5
in
decreases
reform
of detainees
recent
shows
will
study
that
looks
improving
the
criminal
of the
may
as
did
on
not
have
detenidos.
the
reforms
legal
defendants
and
increase
system
undermine
of the
reforms
trust
Chile,
the
rise,
are
such
as
on
the
despite
Brazil
increased
necessarily
Latin
rises
result
for
citizen
in institutions
rights
in elevated
Public
of crime
reasons.
low
Caldeira
(see
overall
amount
several
relatively
American
in the
and
degree
in
between
by
of
rights
justice
potentially
countries,
not
at whether
2009; Malone 2010; Easton 1975). The hypoth
although
association
crime
analysis
perceptions
by
rates,
American
an
result,
citizens'
exacerbated
crime
other
is because
population
empirical
(Bergman and Whitehead
Chile's
This
is available
less
Security
next
with
graph,
effect
shows
however,
for
First,
As
2000).10
detainees
security
Opinion
perception
to
compared
and
concerns.
Project
of crime
in
TIEDE:
the
Chile,
increase
types
of crimes
Luna
and
than
Seligson
amount
and
increases
law
in
CHILE'S
crime
perceptions
2007).
Moreover,
of
rates
are
met
achieved
enforcement,
Chileans
by
in the
should
with
of Latin
less
not
as
the
as
long
attitudes
positive
(see
about
deteriorate
concurrent
serious
America
perceptions
citizens'
through
for
is
rest
citizens'
crime
81
LAW REFORM
perceived
similar
seriousness
in crime
CRIMINAL
toward
efforts.
crime-fighting
and institutionalization of the cara

High levels of professionalization
bineros, which Frhling (2009) notes, explain Chileans' positive views
toward
the
in
police
of rising
spite
crime
rates.
Also
to
according
the
LAPOP study, Chilean citizens had the highest regard for the police of
all Latin American countries analyzed (Luna and Seligson 2007). Accord
ing to the arguments of Dworkin (1977) and Weingast (1997, 2003), if
citizens
believe
that
law
extension,
are
commitments
government's
should
they
provide
both
ity to concurrently
izen
the
sincere,
trust
rights
their
to
and,
rights
government
to defendants
protection
by
in its abil
and
cit
security.
The
database
here
analyzed
includes
the
of
opinions
more
than
92,000 individuals living in different regions in Chile from 2000 to 2008.

The database was obtained from the offices of Fundacin
Paz Ciu
dadana
in August
citizens'
This
2009about
perceptions
database
crime.
to determine
is used
This
database
was
in
changes
created
by Adimark
and Fundacin
Paz Ciudadana,
which surveyed individuals over 18
of
who
resided
in
homes
with telephones (Adimark and Fun
years
age
dacin Paz Ciudadana 2004). The surveys asked individuals about their
as
perceptions
would
increase
of Chile's
To
13
to
responses
logit
general
the
reform
the
except
public
opinion
opinion
the
opinion
equation
effects
as
and
whether
citizen
were
questions
fixed
is constructed
reform
survey
using
questionit
and
crime
were gathered from all
11.
between
public
regression
Public
crime
of
type
region
relationship
several
on
and
quantity
in the future. Survey responses
regions
the
test
to
to test
security,
used.
the
The
effect
of
follows:
REFORMt
+
2(age of respondents^
3(sex: of respondents^
+ X(years) +
level of respondents^
$ [socioeconomic
+ a.
^(regions)
vu
This regression includes a small number of independent variables,

due to the way the public opinion surveys were administered. Reform
is the main variable of interest, and simply describes whether reform
had been introduced in the region where the respondent resided. The
regression also includes a continuous
a binary
this
variable
information
for
was
sex
respondents'
provided
by
Paz
variable for respondents'

and
socioeconomic
level.
age and
All
Ciudadana.
of
82
LATIN AMERICAN
Socioeconomic
and
level
1 refers
whereby
3 to the
is coded
to the
highest
level.
These
lowest
POLITICS
as
AND
SOCIETY
a three-level
socioeconomic
levels
54: 3
were
variable
categorical
2 a medium
level,
calculated
level,
by a method
pro
posed by Adimark and the World Association of Market Research (see

Adimark 2000), which categorizes surveyed individuals by socioeco
nomic
level
hold's
education
by
and
is unemployed,
household's
socioeconomic
and
of
camera,
level
certain
the
that
differences
and
appendix,
dependent
believe
crime
in their
area
to
in the
original
variable
More
the
previous
less
crime
was
the
created
Paz
This
year.
or the
Future
increase,
stay
diminish
that
crime
asks
the
in
the
or
reform
was
is reported
with
that
crime
was
crime
will
It is coded
0 if citi
and
diminished
1 if citi
in violence.
note
implanted
here,
than
responded
improved
living in regions
direct
any
causal
connection
the
about
perceptions
of coeffi
quantity and level of crime in society. While the significance

cients
The
noted.
violent
violent
believe
future.
same
year.
of crime
was
is more
1 if more
the
previous
amount
0 if citizens
individuals
individuals
0 if the original
crime
crime
and
of several
the
results in table 4 confirm that individuals
the
in table 5,
whether
same
1 if more
of crime
stayed
increase
regressions
for historical
construction
since
or
crime
perceptions.
the variable
is coded
or
an
the
whether
whether
perceived
The
to account
increased
and
asks
perceived
Crime
data
Crime
zens
More
citizens
variable
same,
for
crime
amount
the
basis
less
same
zens
The
asks
crime.
and
sex,
on
responses
to
respondents'
by coding
Ciudadana
survey
by the
computer,
Age,
dealing with crime appear
has
was
question
Violent
reported.
where
provide
service).
regions
affect
the
variable
that
and
questions
The
cable
affect
house
household
classified
goods
vulnerable
may
variables.
This variable
response
more
for years
variables
The public opinion

in
to
of the
of the
(automobile,
and
thought
are
head
head
level is instead
selected
heater,
are
groups
dummy
regional
six
to the
If the
levels.
the socioeconomic
video
because
related
questions
occupational
possession
microwave,
include
them
asking
between
the
reform
and citizens' perceptions should be viewed with caution, as the public

opinion questions did not directly ask citizens whether the reform had
their
alleviated
literature
reform
site.
that
gave
likely
likely
in the
The
that
future.
levels
rights,
where
crime
However,
about
was
the
more
despite
the
results
prevalent,
suggests
that
the
of citizen
anxiety
over
crime.
after
effects'
the
transformations
reform
was
introduced
more
does
violent,
not
in that region were 20 percent less likely to believe
the
the
just
regression
in a certain
the
because
introduced
reform
of the
rise
indicate
was
reform
in
conjectures
would
crime
This
marginal
that
more
in regions
to believe
indicate
concern
defendants
Individuals
to higher
concerns.
security
citizens'
oppo
were
less
or
more
correspond
coefficients
region,
citizens
that the quantity of
TIEDE:
4. Impact
Table
CRIMINAL
CHILE'S
of the
Reform
LAW REFORM
on
Reform
(2)
Crime
More
Crime
Future
-0.228***
-0.175*"
(0.0599)
(0.0606)
(0.0573)
0.00604***
(0.000393)
(0.000396)
0.343***
(0.0134)
0.215***
0.0322"
(0.0135)
(0.0132)
(0.0103)
0.0936*"
(0.0103)
0.0685"*
(0.0101)
-0.484
(0.72)
0.2447***
(0.0724)*
(0.069)
Female
level
-0.00632"*
(0.000387)
0.00248***
0.125***
Constant
(3)
Violent
-0.221***
Age
Socioeconomic
of Crime
Perceptions
(1)
More
83
0.420"*
R2
0.02
0.01
0.01
Observations
94,384
94,384
94,384
*p<0.05,
"po.oi,
Note: each column
*p<0.1
a separate
Results for year
represents
logistic regression.
for all regressions
are not reported but are available
from the author.
mies
crime
had
increased
amount
of violence
residing
in regions
to believe
likely
also
refute
have
more
of citizens'
had
Duce
and
the
was
more
reform
were
violent
These
Chileans
it. The
results
about
crime
coverage.
consistent
more
likely
to perceive
than
the
also
less
results
that
before
were
level
the
16 percent
future.
perceptions
to media
that
Individuals
year.
are
suggesting
than
that
due
exaggerated
Females
in the
(2009),
Riego
believe
previous
introduced
media
popular
socioeconomic
and
was
to
likely
the
increase
after
and
perceptions.
increased
reform
in the
are
from
would
concerns
violence
sex,
crime
less
percent
the
stories
security
and
Age,
that
do
20
increased
where
many
as
suggest,
levels
and
had
dum
previous
predictors
that
year.
crime
Age
also
was a significant predictor of perceptions about crime. While significant

and positive for quantity of crime and violence, the magnitude of the
levels also
age coefficients was slight at best. Citizens' socioeconomic
affected
citizens
it was
their
were
more
opinions
about
more
likely
violent
than
crimes.
to believe
the
previous
As
that
socioeconomic
there
was
level
more
decreased,
crime
and
that
year.
While this analysis provides some evidence that citizens' concerns

about crime have not been adversely affected by the reform, the gener
alizability of the analysis is limited, because citizens were not asked

specifically about whether the reform affected beliefs about their well
being.
Two
additional
sources
of
postreform
opinion
data,
however,
LATIN AMERICAN
84
POLITICS
AND
Figure 3. Citizens' Opinions
2000
2001
2002
SOCIETY
54: 3
of Legal Actors
2006
2005
2006
2007
Year
......
Scale:
evidence
First,
limited period
itself
on
cent
the
the
mented.
The
uals
changed
cent
of the
4 percent
their
time
more
to their
male
for the
evaluations
also
other
legal
level
from
of 4 or worse.
of
for
the
of the reform
Sixty-four
In
percent
while
better,
other
36
in table
reform
the
a score
reform
that
12
of 5 or better
per
were
Females
region.11
of
individ
to good
poor
the
imple
number
3, reveals
from
per
words,
for a limited
question
results
in their
compared
regarding
empowered
in institutions.
legal
courts
(both
So
prosecutors.
the
actors
reform
of this
and
may
be
citizens'
due
the
3 not
only
shows
and
statistical
perceptions
to their
consistent
that
reveals
followed
prereform
while
7 as
remained
also
high
concerning
opinions
7, with
Figure
have
but
period,
of carabineros,
highest opinion
citizens'
of 1 through
a scale
confidence
implementation
to
on
data from 2000 to 2007 (or 2005 for fis

included
Ciudadana,
also
actors,
reform
tity, much
of 5 or
introduced
to give
Paz
opinions
between
sense
counterparts.
of citizen
compared
a score
of the
it was
Second, postreform opinion

cales),
Chileans'
Ciudadana
score.
highest
of this
analysis
likely
hurt
Paz
the reform high marks after it was
used
once
the
a score
not
from
citizens' evaluations
7 as
with
gave
to that
has
data
included
with
regression
similar
Prosecutors
reform
reform
reform
majority of Chileans
years,
the
opinion
of 1 to 7, with
ranked
ranked
that
postreform
2004-2007
a scale
of citizens
score
further
provide
well-being.
ive police
Investigat
Courts
7 = best
1-7,
carabineros
postreform)
of crime
regard
a
level
for the
the
have
the
police,
and
show
that
during
citizens
by investigative
tests
highest
newly
relationship
and
as
quan
police.
TIEDE:
Figure
4.
Crime
CHILE'S
CRIMINAL
Report
and
Crime
1990
Reports
1995
Arrest
and Arrests
2000
Year
Reportsof theft
Crime
1990
Reports
1995
and Arrests
2000
Year
Reportsof robbery
85
LAW REFORM
Trends,
1988-2007
for Thefts
2005
2010
Arrestsfortheft[
for Robbery
2005
2010
Arrestsforrobbery
86
LATIN AMERICAN
The
attitude
positive
AND
POLITICS
toward
the
SOCIETY
also
police,
recognized
by
Frhling
(2009) and Mohor and Covarrubias (2007), indicates that the police have
been doing their job to the satisfaction of citizens. Police appear very
active
in arresting
action
arrest
rates
mation
from
was
arrest
trends
in which
criminal
have
other
on
the
with
under
that
gests
due
theft
and
order
that
are
new
and
by
that
for crimes
increased.
increase
toward
their
law
arrests
to
arrests
detention
the
effects
about
for
a large
are
the
but
and
the
by
which
sug
police
have
been
to keep
pace
reform,
the
police
of the
how
the
of crimes
that
visible
to Chilean
citizens.
reform
reform
on
and
arrests
should
do
overcrowded
not
pretrial
research
on
of police
opinions
affect
prisons
with
have tar
involve
Future
on
focus
in
detention
pretrial
the
quantity
most
be
increased
Chile's most prolific crimes. This also suggests that the police
geted
to
enforcement
have
require
reform
work
reports
seem
attention.
predate
the
Specifically,
in crime
Police
placing
not
trends
continuous
of crime
arrests
for which
tend
These
Paz
The data
prevalence
mid-1990s.
warrant
crimes
those
attitudes
positive
the
Fundacin
the
to an
agenda
that
the
reform.12
to constant
since
of crimes
types
reports
the
and
infor
increases
concurrently
in response
and
This
(1999-2010).
to mirror
enforcement
by
police
reports
robbery.
agencies
criminales
seem
law
this
in crime
and
theft,
drugs,
estadsticas
arrests
to a law
trends
enforcement
reports have
It is interesting
step
law
words,
robbery,
responding
for
and
crimes,
prevalent
4 shows
generally
increased
drugs,
efforts
2008
in its Anuario
that
most
Figure
from
In
for
to
1989
in society.
police
reform.
compiled
Ciudadana
show
for the
criminals
the
predated
arrest
decisions.
Conclusions
Chile's
criminal
has
time,
law
reform,
the
provided
perfect
setting
inal law reform on observable
own
has
even
shown
that
do
politicians
in citizens'
increase
crime
though
and
across
regions
effects
of the
the
crim
In this analysis, Chile's law

in the number of individuals in pretrial
a concurrent
without
security,
for testing
outcomes.
reform has led to a decrease

detention
in stages
implemented
not
has
actually
necessarily
about
concerns
been
rising.
have
to
This
their
analysis
a trade-off
make
between
rights for defendants and law and order.

This analysis also has provided conditions under which criminal law
in
reforms
politicians
cost
of
reforms
ment
face
the
who
increased
increased
to
citizen
to have
seems
to the
of
want
reform,
capital
expenditures
public
defender
provide
to create
and
public
new
by
on
the
success
the
institutions,
prosecutor,
and
cause
based
on
heavily
demonstrated
not
may
First,
insecurity.
depended
as
crime
reforms
the
dilemma
for
rights
without
the
of
Chilean
the
commit
government's
reform's
such
to train
and
magnitude
as
the
judges
offices
and
by
of the
lawyers.
TIEDE:
the
government
reform's
attributes
Furthermore,
the
tising
CHILE'S
while
Second,
throughout
Latin
lower-level
crimes
crime
rates
have
those
of resources
citizen
increased
in the
rest
arrests
ing
for these
to citizens
that
the
despite
such
in
the
enforcing
For
but
ular
countries
and
not
that
a
signal
politicians
need
balance
reforms
in society.
group
resources
To
not
and
The
citizens'
that
reach
with
of
success
to
balance
concurrently
crimes.
law
criminal
society,
Chile's
success
of
reforms
example
reforms
civil
a balance
that
new
rising
rights
pro
Further
practices.
requires
the
implement
in the
about
the
improve
trained
past
concerns
such
to
only
are
lawyers
break
abrupt
out
The
ability
introducing
signal
government
and
prevalent
democratize
(Luna
as these
for the
rights
most
as
for
rights requires large financial expendi
judges
more
such
government's
generalizable.
must
to carry
commit
American
modernize
ensure
and
more,
for the
perhaps
These
cedures
especially
America
rights.
defendants'
criminal defendants'
champion
the
Latin
to further
useful
tures.
depends
the
well
been
in kind by increas
priority
of defendants'
on
has
of Latin
efforts
important
providing
law,
other
in order
enforcement
is an
improvement
Chile
between
continually
is
control
reform's
reforms
Law
crimes.
crime
as
region,
reports
and Seligson 2007). Law enforcement has responded
adver
for it.
support
in the
in crime
increase
reported
87
amount
establishing
Chile's
than
a large
spent
and
America,
LAW REFORM
CRIMINAL
crime
of an
with
unpop
to
governments
but
reform,
also
to
allow
law enforcement to continue fighting the most prevalent crimes in soci

ety.
well
with
Only
as
the
Chileans'
commitment
relatively
shown
high
by
the
for their
regard
Chilean
law
as
government,
enforcement
agen
cies, can similar reforms in the region likewise succeed.
Appendix:
Ley
No.
19.519.
Diario
Ley
No.
Reform
1997.
Oficial,
19.640.
Pblico.
Laws
Reforma
1999-
Establece
Oficial,
19.696.
2000.
Cdigo
No.
19.665.
2000.
Reforma
Ley
cial,
March
No.
19 708.
January
Ley
No.
crea
que
el Ministerio
Pblico.
Procesal
del
Constitucional
Orgnica
del
Ministerio
15.
Penal.
Cdigo
Diario
Orgnico
Oficial,
October
de Tribunales.
12.
Diario
Ofi
9.
de
Orgnico
la Ley
October
Ley No.
Ley
Constitucional
16.
September
Diario
in Chile
2001.
Adeca
Tribunales,
la
Ley
al Nuevo
No.
19.665,
Cdigo
que
modifica
el
Procesal
Penal.
Diario
Pblica.
Diario
Oficial,
Cdigo
Oficial,
5.
19.718.
2001.
Crea
la Defensora
Penal
March
10.
LATIN AMERICAN
POLITICS
SOCIETY
in Procesados
5. Change
Figure
AND
12
by
Year
1990 1985 2000 25305 1990 1995 2000 2005
1990 1995 2000 2005
13
rt<* 1M
1K
2000 200$
Year
Graphs by Region 1-13
Note:
Vertical
line is reform.
Table
Survey
More
5. Citizens'
Perceptions
Question
Coding
About
Crime
for This
Analysis
Crime
with
Compared
the previous
year,
do
think
the quantity
of delinquency
you
in your area has increased,
the
stayed
or decreased?
same,
More
Violent
With
respect
would
you
today
to the type of crime,

say that crime in your
is more
the same
Future
less
violent,
as a year
violent,
area
or decreased
the same
0 = Stayed
1 = More violent
or less
violent
or
ago?
Crime
0 = Stay the same
1 = Increase
that in the future,

you believe
crime in your area will increase,
Do
decrease,
Source:
0 = Stayed
the same
1 = Increased
or decrease
or stay the same?

Adimark
and
Paz
Ciudadana
2004.
TIEDE:
CHILE'S
LAW REFORM
CRIMINAL
Notes
I would
like
to thank
Juan
Villaln
Goldberg
of the Biblioteca
Unidad
de
de Gendarmera
de Chile for facilitating
collec
Investigaciones
Criminolgicas
tion of data during my visit to Santiago
in July 2007 and for answering
additional
those
data. I thank Martha
and Fun
Adimark,
questions
regarding
Seplveda,
dacin
Paz
Ciudadana
in August
ago
and
tosh,
Matthew
ever
1.
the
were
phases
ten documents
public,
transparent,
America,
2.
Codigo
Duce
of criminal
it. The
data
categories
Nacional
de Estadsticas,
4.
adopted
Reforms
Art.93
in 2005
allows
countries
until
and
the judge
oversees
justice
process.
the submission
are those
and
trials,
trials.
adversarial
inc.2b,
102,
several
is generally
the
of writ
in which
the
are
procedures
Reformers
criminal
throughout
procedures
justice
data
better
investigative
human
to dismiss
before
the
use
Instituto
did so only
duration,
for
out.
to make
the president
than
however,
Furthermore,
phased
in
291(2).
that the dura
the reform
on case
and
286,
Ciudadana,
eventually
trained
261,
indicating
Paz
postreform.
collected
were
132,
under
from
and
pre-
104,
studies
shorter
available
introduced
and
law
criminal
systems
and
hearings
mention
which
were
Sofia
reforms.
duration
which
courts,
Adversarial
investigations
of crimes
accountable
reform
through
proceedings
different
more
entirely
Penal
for average
nonreformed
of the
Chile,
Mcin
and
the criminal
American
in which
those
phases
(2009)
Riego
in Latin
are
almost
oral
Pavlic
understand
sentencing
justice
Procesal
and
me
Claudio
in Santi
Craig
in 2001.
existed
include
including
of the criminal
3.
tion
and
McCubbins,
to thank
to help
1990s,
in secrecy.
oversees
prosecutor
as part
and
conducted
shrouded
public
Latin
which
in the early
trial,
investigation,
These
efforts
systems,
began
Mathew
like
my first trip to Chile
Inquisitorial
reforms
major
also
for this study
data
opinion
Cooper,
I would
Shugart.
since
public
to James
for their continuous
Libedinsky
reforms
for providing
Thanks
2009-
police
rights
the head
and
carabineros
of Chile's
2009).
(Frhling
carabineros
as well.
5.
Chile's
6.
reform
On
June
(Ministerio
Chile's
Ministry
cost
cent
defender.
of the
national
estimated
broken
pesos,
131 billion
branch,
judicial
of Justice
Ministry
de Justicia
2009).
of Justice
billion
341
to the public
the
5, 2009,
prisons
that
in 1999,
was
spent
the
180
of Justice,
the government
on
the
to
plans
billion
and
the
to the
pesos
30 billion
estimated
reform
reform
of
implementation
as follows:
to the Ministry
pesos
Finally,
budget
down
announced
pesos
that 0.9 per
(Ministerio
de
Justicia
2009).
7.
Previous
tion policy
(Card
b).
1992a,
imum
was
wage
against
the minimum
wage
Condenados
time
in prison
vate
reform
employing
and
2003)
In the Card
naturally
measured
8.
studies
(Angrist
studies,
divided
state
after conviction
in the same
manner
federal
into groups.
populations
implementation
are another
of the 1990
the effect of the federal
of workers
groups
before
deal
quasi-experiments
the effect
in each
state
of the new
who
with national
minimum
law
The
had
raising
educa
wage
treatment
earned
law
the min
less
effect
than
standard.
of detained
defendants
who are serving
group
and sentence
and whose
detention
did not moti
as that of procesados.
LATIN AMERICAN
Before
9.
running
autocorrelation
revealed
values
for all
0.000.
region.
example,
In the
1970s
11.
The
and
early
1990s,
early
results
Chile
1980s,
had
for the regression
2.6
as an AR-1
are
the
in
the
and
1998).
(Ayres
the evaluation
concerning
process.
100,000,
per
were
lowest
100,000
per
The
variables
homicides
homicides
3.0
only
time
for
Wooldridge
tested.
incarceration
100,000
per
and
variable
run modeling
homicides
tests
regressions,
(2003)
dependent
for these
were
Chile's
and
1980s
tests
the regressions
SOCIETY
by Drukker
for each
autocorrelation
For
in the late
are
the
AND
incarceration-related
suggested
autocorrelation
As a result,
10.
of the
any
the methods
using
(2002)
POLITICS
of the reform
as follows:
Public
opinion
question.
0.76**
(0.02)
0.04**
12.
Unless
+ 2(years)
of respondents(()
(0.01)
they
involve
violence
and
theft do
not entail
drugs
0.00"
(0.00)
-0.01
(0.01)
involving
0.11"
level
of respondentst)
2(age
(0.02)
+
^socioeconomic
of respondentsu)
}(sex
1REFORMit
or large
amounts
the use
of money,
of pretrial
most
or other
crimes
detention.
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Chile&#39;s Criminal Law Reform

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University of Miami

Chile's Criminal Law Reform:

and Citizen Security

the reforms result in more rights for defen

also have improved.

individual rights, especially

those of pretrial detainees,

criminal justice systems, and due process

in Latin America is currently one

increase of crime and violence

rights, many Latin American

Although important criminal justice reforms have been recently

DOI: 10.1 lll/j.1548-2456.2012.00165.x

tury (Mohor and Covarrubias

with criminal law

high regard for the police,

did not jeopardize

crimes. The Chilean

The third section sets forth

and Vargas 2006),

of the results and implications for Chile and

their political and social context is provided.

first by reviewing the literature on the effect of legal

of Chile, do criminal law reforms deliver on politicians'

the efficiency of the criminal justice system, this study

in crime (Malone 2010; Duce and Riego 2009).

2002; Dmmert et al. 2008).

2009; World Health Organization

related to improving rights really work. While some scholars fervently

civil rights by incorporating constitutional and interna

countries' criminal justice systems from inquisitorial to adversarial were

cient, and rapid (Davis and Lillo 1996).

changes to society (Merryman 1977; Messick

1999). This may be due to

though "law is nationor societyspecific" (Merryman 1977, 479).

faith" that law changes

behavior and "excessive

reliance" on the propo

than inquisitorial systems (Hammergren 2007, 38-39). She further notes

legal reforms achieve

the goals that politicians

nals will be released

to society while their cases are being investigated

2003). USAID, in a study on promoting and

crime are diminishing the security of person and prop

political rights, and ensure due process" (USAID

2002, 10). Furthermore,

A similar concern is mirrored by Caldeira (2000),

toward the government's

of rights to prisoners after military

on Chile's criminal law reform, states that while the

dants raises perceived

levels of citizen insecurity, some scholars contend

"the rule of men" or politicians. If the government provides rights for

opportunity to test the impact of specific crim

itarian General Augusto Pinochet failed to win a plebiscite, resulted in

the Chilean judiciary's complicity in these abuses

In their report, among

other things, members of the Rettig Com

of the justice system in Chile necessarily involved improving the rights

to the Rettig report, President Eduardo

Frei Ruiz-Tagle in 1995 launched

ing the rights of criminal defendants

regarding the rights of detained

Chile's Criminal Law Reform

Chile's Criminal Law Reform