The fieldwork prosecutor in Peru: a sociological critique of the focal concerns perspective

• In Event: Sentencing 7. Emerging Issues in Sentencing Research

Abstract

Here I will analyze the relevance and the limitations of the focal concerns perspective to understand the work of prosecutors in the Latin American civil law context. Focal concerns are an essential part of the toolbox a prosecutor uses; however, on its own, this framework fails to capture the moral problems and challenges that prosecutors experience in the Latin American context. To defend this point, I will draw upon evidence from two empirical case studies of line prosecutors who conduct investigations on human trafficking, illegal gold mining, and crimes associated with social protests in Peru. The fieldwork evidence shows that prosecutors must navigate working environments marked by resource scarcity, risks to personal safety, informal mechanisms of policing and prosecution, and a complex social division of labour. The cognitive tools and cultural and sociological resources prosecutors use exceed many of the behavioural patterns prescribed by the focal concerns perspective.

Author

• Diego Tuesta, University of Toronto