Prosecuting homicides in Latin America: A Comparative Look at Investigative Pathways and Institutional Practices

• In Event: Prosecution in the Making II: Prosecutors on their Job: Investigation and Decision Making

Abstract

This paper presents findings from a broader research project examining prosecutorial institutions in Latin America through five key dimensions: autonomy, resources, internal organization, access to justice, and control of criminal investigations. Focusing on the latter, this study explores how public prosecutors in Argentina, Brazil, Chile, Colombia, and Mexico investigate and prosecute homicide cases. Drawing on comparative case studies and official data, we trace the institutional trajectory of homicide cases—from the initial police response and crime scene management to decisions around detention, formal charges, and trial. We examine (1) the roles and coordination between prosecutors, police, and forensic teams; (2) variation in procedural timelines and discretionary decision-making; (3) internal workload distribution and specialization; and (4) institutional bottlenecks that impact investigative efficiency. While all five countries operate under accusatory frameworks and have implemented prosecutorial reforms, we find differences in how homicide investigations are managed and how institutional capacity shapes case outcomes. This analysis contributes to a more grounded understanding of prosecutorial practices in high-impact cases and offers insight into how formal rules and informal routines intersect in the pursuit of justice across Latin America.

Authors

• Carolina R. Caliman, Rutgers University School of Criminal Justice

• Ana Dulce Aguilar, Escuela Libre de Derecho

• Ulda Figueroa, Universidad Católica de Chile

• Mariano Sicardi, National University of José C. Paz / University of Buenos Aires