dr. david a. shirk trans-border institute university of san diego findings & policy implications...
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Dr. David A. ShirkDr. David A. ShirkTrans-Border InstituteTrans-Border InstituteUniversity of San DiegoUniversity of San Diego
Findings & Policy Findings & Policy ImplicationsImplications
Title Slide
Brief Overview:Brief Overview:
• Project Background
• Un-Rule of Law in Mexico
• New Justice Sector Reforms
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Justice in Mexico ProjectJustice in Mexico Project
• Multi-year, interdisciplinary collaborative research initiative
• 28 contributing experts on Mexican criminal justice
www.justiceinmexico.org
Sponsored by the William and Flora Hewlett Foundation and the Tinker Foundation.
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Central Theme: Rule of LawCentral Theme: Rule of Law
• Order
• Accountability
• Access to justice
The rule of law is seriously compromised in Mexico by systemic problems in the administration of justice.
1. Crime and Criminality2. Police and Policing3. Legal Institutions &
Actors4. Crime and Society5. Best Practices & Policy
Recommendations
Key Topics:Key Topics:
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Mexican Criminal Justice SystemMexican Criminal Justice System
Crime Prevention
Preliminary Inquiry
Criminal Proceeding
Rehabilitation
—Public prosecutor
—Investigative police
—Preventive police
—Pre-trial detention
—Trial—Sentencing
—Prison—Alternative
sentencing
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Presuntos Delincuentes por 100,000 (Accused Criminals Per 100,000), Fuero Comn y Federal
0
10
20
30
40
50
60
70
80
90
1926-1930
1931-1935
1936-1940
1941-1945
1946-1950
1951-1955
1956-1960
1961-1965
1966-1970
1971-1975
1976-1980
1981-1985
1986-1990
1991-1995
1996-2000
2001-2005
Periodo
Pres
unto
s De
lincu
ente
s
HomicidioLesionesRoboViolaci—n
Elevated Levels of CrimeElevated Levels of Crime
Source: Pablo Piccato Database, Accused Criminals, State-level Jurisdiction, 1926-2005.
Prison PopulationPrison Population in Mexico, 1992-2003
020000400006000080000
100000120000140000160000180000200000
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
Prisoners
Source: Elena Azaola and Marcelo Bergman, "The Mexican Prison System" (Table 4.3 Prison Population in Mexico), in Wayne Cornelius and David Shirk, Reforming the Administation of Justice in Mexico, (Southbend: Notre Dame Press, 2007), p. 93.
Comparative Prison PopulationLatin American Prison Population Per 100,000
0
50
100
150
200
250
300
350
Source: Elena Azaola and Marcelo Bergman, "The Mexican Prison System" (Table 4.5 "Latin American Prison Populations, 1992, 1996, 1999"), in Wayne Cornelius and David Shirk, Reforming the Administation of Justice in Mexico, (Southbend: Notre Dame Press, 2007), p. 100.
A Profile of Mexican CriminalsA Profile of Mexican Criminals• 447 prisons (5 federal; 330
state; 103 municipal) • 177,500+ inmates (175
prisoners per 100,000 pop.)• 96% male prisoners• 40% in “pre-trial” stage• Increasing # drug-related
sentences
Official Estimates of Percent Prison Over-population in Mexico, 1998-2005
0%
20%
40%
60%
80%
100%
120%
140%
1998 2001 2002 2003 2004 2005
Total Prison Cells Excess Prisoners
Sources: Source: Azaola and Bergman, “The Mexican Prison System”; Para 1998: SG. Dirección General de Prevención y Readaptación Social. Para 2001 a 2005: SSP. Órgano Administrativo Desconcentrado. Prevención y Readaptación Social.
Comparative Prison Overpopulation% of Overcrowding in Latin American Prisons
0
50
100
150
200
250
Dom. R
ep.
Para
guay
Brazil
Costa
Rica
Bolivia
Vene
zuela
Chile
Ecua
dor
Peru
Argen
tina
Colom
bia
El S
alva
dor
Mex
ico
Pana
ma
Urugu
ay
Hondu
ras
Guate
mala
Overpopulation
Max. Capacity
Source: Elena Azaola and Marcelo Bergman, "The Mexican Prison System" (Table 4.6 "Latin American Prisons: Overpopulation, Inmates Awaiting Sentencing, and Cost Per Inmate"), in Wayne Cornelius and David Shirk, Reforming the Administation of Justice in Mexico, (Southbend: Notre Dame Press, 2007), p. 101.
Lifecycle of a Crime in MexicoLifecycle of a Crime in Mexico• Crimes committed Cifra negra• Crimes reported 25 of 100• Investigations completed 4.6 of 25• Crimes prosecuted 1.6 of 4.6• Crimes brought to trial 1.2 of 1.6
• Crimes sentenced 1.1 of 1.2Source: Guillermo Zepeda Lecuona, “Criminal Investigation and Subversion of Justice System Principles,” in Reforming the Administration of Justice in Mexico, forthcoming 2006. Numbers rounded to nearest tenth.
Police ProfilePolice Profile• 3,000 different forces
(federal, state, local)• Estimated 400,000
police in Mexico (75% preventive)
• About 4 police per 1000 persons
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Police per PersonPolice per PersonNumber of Police Per 1,000 People
0.0
1.0
2.0
3.0
4.0
5.0
6.0
Italy
Hong Kong
Portugal
Czech
Rep
ublic
Mex
ico
United S
tate
s
Germ
any
Irela
nd
Spain
Colom
bia
United K
ingdom
Switzer
land
Chile
Japan
Canad
aIn
dia
Costa
Rica
http://www.nationmaster.com/graph/cri_pol_percap-crime-police-per-capita
Comparing Police CorruptionPercent identifying police corruption as most
urgent priority in select countries
0
5
10
15
20
25
30
35
40
Mex
ico
Hong K
ong
Nig
eri
a
S.
Afr
ica
Russ
ian
Boliv
ia
India
Panam
a
Guate
mala
Peru
Japan
Colo
mbia
US
A
Canada
Cost
a R
ica
Dom
. R
ep.
Arg
enti
na
Germ
any
47 C
ountr
y
Perc
ent
Transparency International Global Corruption Barometer 2003
Locating Corruption in the System
Source: Elena Azaola and Marcelo Bergman, "The Mexican Prison System" in Wayne Cornelius and David Shirk, Reforming the Administation of Justice in Mexico, (Southbend: Notre Dame Press, 2007), p. 109, 110.
Incidents of Bribery and Torture in the Mexican Justice System reported in 2002 Prisoner Survey
19%
7% 6%4% 3%
24%
41%
3% 4%1% 1%
22%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Preventivepolice
Judicial police Publicprosecutor's
office
Prison guards Court clerks Judges
Requests for Bribes
Beatings/Incidents of Torture
Inquisitorial Criminal ProcedureInquisitorial Criminal Procedure• Investigation by
Ministerio público • Pretrial detention• Written trial proceedings• Lengthy process• Large case backlogs• Lack of transparency
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Legal ProfessionLegal Profession• Proliferation of law
programs• No licensing exam• No mandatory bar
membership• New code of ethics• Estimated 40,000
lawyers Mexico’s Supreme Court and major national bar associations are beginning to consider mandatory bar membershi.
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Turning to the BarracksTurning to the Barracks
• Militarization of police agencies and counter-drug efforts
• Increased military budget
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0
5000
10000
15000
20000
25000
30000
35000
40000
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
Budgets for Mexican Navy and Army, 1996-2006 (Millions of Pesos)
SEMAR
SEDENA
Military DeploymentsMilitary Deployments• Estimated 25,000
troops deployed to special counter-drug operations in 2006-07
Operation Tijuana
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Operation Michoacán
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Drug Violence Map 2006Drug Violence Map 2006
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2006
Drug Violence Map 2007Drug Violence Map 2007
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2007
Insecurity/ crime
10.6
26.4
20.1
16.718.1
28.9
0
5
10
15
20
25
30
35
May/01 May/02 May/03 May/04 May/05 May/06
Percentage of Citizens for Whom Insecurity Is the Most Important Problem
Heightened Citizen ConcernsHeightened Citizen Concerns
Source: Reforma Newspaper, Mexico City, National phone survey.
Demanding JusticeDemanding JusticeIn July 2004, 250,000 DF residents marched to demand access to justice. Since the mid-1990s, groups have protested violence against women in Ciudad Júarez.
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Mexico City and Ciudad Júarez protests
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Undesirable Public ResponsesUndesirable Public Responses• Severely negative
perceptions of police• Public resignation to
acts of corruption• Occasional public
vigilantism (especially in rural Mexico)
• In late 2004, Mexico City residents beat, killed, and set fire to federal police agents suspected of a kidnapping plot. The event was televised while local police stood by.
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Best Practices: Looking to States
• Transparency laws• Oral trials• Alternative
sentences• Mediation• Bureaucratic
oversight
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CalderCalderón’s Rule of Law Agendaón’s Rule of Law Agenda
1. Improved criminal analysis
2. Reducing common crime
3. Police reform
4. Combating organized crime
5. Judicial sector reform
6. Transparency & accountability
7. Stronger victim protections
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Current Justice Reform Current Justice Reform • Public oral trials• Pre-trial release• Due process• Discovery • Plea bargaining• Wire-tapping &
searchesIn December 2007, the Chamber of Deputies passed a proposal for a comprehensive overhaul of the Mexican criminal justice system. After minor modifications, the bill was approved by the Senate’s judiciary commission in February 2008.
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Thank You!Thank You!• David Shirk • Alejandra Ríos• Robert Buffington• Pablo Piccato• Elena Azaola & Marcelo Bergman• Benjamin Reames• Guillermo Zepeda Lecuona• Sigrid Arzt• Carlos Silva• Sara Schatz, Hugo Concha, & Ana
Laura Magaloni• Elisa Speckman Guerra• Hector Fix-Fierro
• Jeffrey Staton• Robert Kossick• Pablo Paras• Kathleen Staudt • Irasema Coronado• Rosalva Aida Hernandez • Hector Ortiz Elizondo• Robert Varenik• Mario Arroyo• Allison Rowland• Marcos Pablo Moloeznik• John Bailey • Wayne Cornelius