Abstract

CORVA, María Angélica. Criminal justice:. Mem. am. [online]. 2020, vol.28, n.2, pp.88-109.  Epub Dec 09, 2020. ISSN 1851-3751.

Based on an investigation that aimed to determine and analyse the presence of indigenous law and its significance in the decisions of the Supreme Court of Buenos Aires province between 1875 and 1881 we have identified criminal lawsuits in order to inquire into the entire judicial process, seeking to investigate two fundamental matters. First, observe the three dimensions of the judicial records -the actors, the process and the law applied and how it is applied. Secondly, delve into a complex and fundamental issue such as judicial discretion which, as we have already shown, did not imply a mere survival but was used as a resource against arbitrary sentencing and the lack of republican legislation.

Keywords : criminal justice; judicial discretion; criminal code; Buenos Aires province.

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