The Emergence of Trial by Jury in Argentina
| Publication year | 2007 |
| Citation | Vol. 11 No. 1 |
While the American jury system is unique and allows the American citizenry to make important decisions, even those concerning life and death, a relatively small number of nations have implemented similar procedures to try their accused. The most recent country that has provided for trial by jury in certain circumstances is Argentina. The Constitution of Argentina, and at least one Argentine provincial constitution, that of the Province of Cordoba, provide for trial by jury. [1]
While the Argentine Constitution has provided trial by jury for over 150 years, only recently has that constitutional provision been implemented. [2] Trial by jury was first introduced in the province of Cordoba, Argentina, on August 22nd, 2005. [3] The question remains, why has it taken 150 years for an Argentine court to hold its first trial by jury? While the political reasons for this development in the country are obscure, possible explanations exist that may explain why a jury system has recently been established in one of Argentina's provinces.
This paper will assert that a combination of factors, economic, political and criminal, were responsible for the recent emergence of the Cordoban jury system. The jury system that Cordoba has implemented will be described at length, including the details of the
Like that of the United States, the Argentine Constitution contains various provisions that not only allow trial by jury within its national legal system, but require it. Specifically, Articles 24, 75, and 118 of the Argentine Constitution call for trial by jury. [5] Not only does the Argentine National Constitution contain provisions that require its judiciary to institute jury trials, but certain Argentine provincial constitutions do as well. One such constitution is that of the Province of Cordoba which lies just northwest of Buenos Aires, particularly Section 3, Chapter 1, Article 162, which allows jury trials as established by legislative action. [6]
As mentioned, the Argentine National Constitution establishes trial by jury in three sections:
Again, while the Argentine Constitution expressly provides for trial by jury, so too does the Provincial Constitution of Cordoba, particularly Section 3, Chapter 1, Article 162, which states: "The law may determine the situations in which jurors may be utilized." [8] Thus far, trial by jury in Argentina has only been implemented at the provincial level. [9] The first trial by popular jury in Argentine history occurred in the city of San Francisco, province of Cordoba, when Victor Fernando Luna was tried and convicted of aggravated murder with a fire arm. [10] The
Before describing Argentina's first jury trial, it is important to first understand its possible genesis.
It is the intention of the constituent to carry out criminal trials in the Argentine Republic through . . . [ its Constitution]. However, and not knowing why, [the jury system was not established in Argentina until recently, even though the Argentine Constitution itself provides for such a system] . . . . It is difficult to understand how it is possible for a fundamental regulation of a rule of law to lose validity just because political powers do not comply with it. [12]
Even Argentine legal experts admit that they are unsure as to why the country's national assembly has chosen to ignore constitutional mandates for over 150 years. While no clear explanation accounts for legislative inaction for a century and a half, recent developments provide clues explaining why trial by jury has recently surfaced in the province of Cordoba. More specifically, it is my contention that the newly implemented jury system in Cordoba was established as a result of political volatility, economic instability and an increased crime rate; thus, all three factors created the necessary environment for the Cordoban provincial assembly to establish such a system.
Since 1999, Argentina has experienced many disruptive events involving political corruption, economic irresponsibility, and increased crime that have caused its citizens to lose faith in their own government. [13] In 2001, Argentina suffered its worst economic collapse in a century. [14] Before that collapse, the Argentine economy slipped into recession in late 1999 and was forced to seek help from the International Monetary Fund (IMF) and private banks to reduce its debt. [15] In response, Argentina received an aid package of nearly $40 billion. [16] To revive the economy, the Argentine government instituted a $20 billion public works project, and pegged the peso for imports and exports to the average value of the dollar and the euro. [17] Despite such corrective measures, the Argentine economy continued to suffer and the country remained in recession. [18] In November 2001, the government essentially put itself into default by restructuring its debt. [19] By the end of 2001, the Argentine unemployment rate rose to around 20%. [20] As a result of these severe economic problems, depositors began losing confidence in the economy and withdrew substantial assets from Argentine banks. [21]
During this economic crisis, political turmoil and instability spread. In December, 2001, the President of Argentina, Fernando de la Rua, resigned after nationwide food riots and demonstrations erupted. [22] Following de la Rua's unfruitful reign, a series of unsuccessful interim presidents presided over the struggling country, which ended with the appointment by the Legislative Assembly of Peronista senator Eduardo Alberto Duhalde in January, 2002. [23] The myriad political changes experienced by the Argentines perpetuated their distrust and contempt for their own national government. [24] Duhalde appeared to make matters worse after he devalued the peso, which lost more than two thirds of its value, and furthered the Argentine economic crisis, or so it appeared. [25]
The Argentine economic and political disarray from 2001 forward has produced an increase in crime, especially kidnappings. [26] In 2004, Buenos Aires was in the midst of a wave of kidnappings, with many of them ending in murder or in the disappearance of the victim. [27] In fact, police statistics for 2003 show that a kidnapping was reported every 48 hours in the Buenos Aires area and more than 400 kidnappings were reported nationwide in that year. [28] One such kidnapping and murder was that of Axel Blumberg, an engineering student, whose father was a textile engineer. [29] Since "a large portion of Argentine society viewed (and still views) the police forces as corrupt and inefficient, political leaders as unsupportive, and penal laws excessively lenient," Axel Blumberg's murder was the catalyst for large demonstrations across the country, with citizens calling for a variety of governmental reforms, including the institution of jury trials in cases of homicide involving kidnapping. [30] In fact, Juan Carlos Blumberg, Axel's father stated: "[m]ay the same people who suffer the consequences of crime be the jury." [31]
Following the attention garnered by Blumberg through various protests and demonstrations, public officials began to take notice of the problems occurring within the country and began to initiate procedures to cure such problems, including certain remedies advocated by him, particularly the institution of jury trials. [32] One such public official who understood the importance of trial by jury was Jose...
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