Circumventing pre-trial detention: An examination of prisión provisional in Guatemala

• In Event: Prosecution in the Making III: Prosecutors as Court Actors

Abstract

The abuse of pre-trial detention is a practice largely documented in Latin American countries. In Guatemala, this practice has not only increased in the last two decades, but it functions with the consent of the judiciary. At least since 2008, the courts in Guatemala have allowed an unregulated practice called prisión provisional (provisional detention) which describes the detention of defendants in jail, before they see a judge in a pre-trial detention hearing. Using mixed methods, in this study we document the origins, scope, and consequences of the prisión provisional. Our preliminary findings suggest that organizational demands, high caseloads, and political pressures have played a key role in the "normalization" of prisión provisional. We conclude by discussing theoretical and policy implications.

Authors

• Sebastian Galleguillos, University of Massachusetts Boston

• Veronica Michel, John Jay College of Criminal Justice