Pre-trial detention and legal defence in Latin America

International Journal of Law in Context: https://doi.org/10.1017/S1744552320000440

Pre-trial detention is used extensively in Latin America as a systematic practice implemented by courts. Despite this fact, few empirical studies have analysed the role of defence attorneys in pre-trial incarceration. This paper attempts to describe the actions taken by lawyers in order to free their clients during the judicial process, using new empirical evidence collected from the incarcerated population in Argentina, Brazil, El Salvador, Chile, Mexico and Peru. Results suggest that public defenders request conditional release less frequently but do so more effectively than their private counterparts.