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Vulnerable witnesses in Chilean criminal proceedings: New developments.

Authors :
Fuentes Maureira, Claudio Alfonso
Source :
International Journal of Evidence & Proof. Jan2024, Vol. 28 Issue 1, p65-79. 15p.
Publication Year :
2024

Abstract

Common law countries have long been implementing legal reforms that recognise the special needs of vulnerable witnesses. While these issues have been the subject of considerable scrutiny and debate in evidence law scholarship, this is not the case across Latin American legal systems. This article intends to contribute to such a debate. Chile recently enacted two special laws that significantly amended the general evidentiary regime in an effort to account for the challenges facing children and victims of sex crimes. This article provides an account and analysis of these recent legal reforms. We contend that while both laws address critical issues impacting specific classes of victims, the lawgivers failed to recognise that there is conflict between the rights of the victims and the rights of the accused, generating legal reforms that have unreasonably restricted the right of defendants to confront witnesses. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
13657127
Volume :
28
Issue :
1
Database :
Academic Search Index
Journal :
International Journal of Evidence & Proof
Publication Type :
Academic Journal
Accession number :
174525168
Full Text :
https://doi.org/10.1177/13657127231212229