a. Homicides: A comparative analysis in North America, Europe, and Latin America
Western Criminal Justice systems tend to penalize crimes against life with severe sanctions and to discriminate among intentional and non intentional culpable homicides. My research project examines the common and convergent features of the criminalization of homicides in common law and civil law criminal justice systems. I am looking at the convergence phenomenon of these two systems to extract –under a comparative methodology- their salient common features. The fundamental hypothesis of this project is that despite the differences between common law, particularly in the US and Canada, and civil law, especially in Latin America and Europe, the treatment of the essential features of crimes against life in both common law and civil law jurisdictions has been remarkably similar, due to their common Western philosophy, secular objectives, and similar criminal policy objectives.
This research program has already resulted in the publication of an article in the University of Miami International and Comparative Law Review.
b. Sexual offenses: Time for a new paradigm
In the past thirty years, the rape law reform movement has profoundly changed rape and other sexual abuse criminal offenses. However, these reforms have failed to produce a substantial change in the way the Criminal Justice systems treat victims of sexual assault, and it has failed to deter the commission of rape.
The purpose of this research program is to analyze the product of this reform movement in Canada, some US states –New York, Florida, and California- and selected Latin American jurisdictions. Both in North America and in Latin America these reforms are the product of a Crime Control agenda and pressure from feminist groups, which failed to produce an adequate response to rape and gender equality in sexual relations. The pivotal hypothesis of this research project is that despite the importance of these reforms, they do not offer an adequate solution to the prevention and treatment of sexual abuse, particularly male sexual abuse against women. The research project will conclude by offering some suggestions for a much needed new wave of sex assault reform agenda.
This research project is framed within Feminist Criminology and Feminist Jurisprudence’s views on the way Criminal Law deals with sex offenses.
c. Interplay between International and Domestic justice systems