Work

Criminal Case Processing and Cumulative Disadvantage in Chile

Year: 2025

Type: article

Abstract: This article examines how flagrante delicto and pretrial detention shape criminal case outcomes individually and cumulatively in Santiago, Chile. We find that flagrante delicto is associated with increases in the likelihood of pretrial detention and reductions in the likelihood of non-punitive outcomes, while both factors channel cases toward guilty pleas. Yet, flagrante delicto is also associated with increases in the likelihood of guilty pleas independent of pretrial detention, and both factors’ punitive effects are inconsistent at trial. We argue that flagrante delicto operates as a powerful tool in pretrial crime processing, reinforcing penal severity within the dynamics of a highly formalized criminal justice system. This partially challenges theoretical expectations about Latin American case processing and extends research on cumulative disadvantage beyond the United States. We also identify enhanced judicial review standards at pretrial stages and expanded public defender resources as policy interventions with potential to interrupt defendants’ disadvantageous trajectories.

Source: Crime & Delinquency

DOI: 10.1177/00111287251384666

Authors: Diego Rochow, Miguel Quintana-Navarrete, Gustavo Fondevila

Institutions: University of California, Irvine, Universitat Autònoma de Barcelona

Language: English

Topic: Criminal Justice and Penology

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,650