Monitoring the Implementation of the Criminal Justice Reform in Mexico Chihuahua · State of Mexico · Morelos · Oaxaca · Zacatecas

Guillermo Zepeda Lecuona Mexico City; November, 2012

2

1. Objective

2. Methodology

3.Main Topics

4. Advances

5. Areas of Opportunity

Contenido Agenda

3

Present the key findings, best practices and areas of opportunity in implementing the New Criminal Justice System (NCJS) in Mexico.

1. Objective

4

Study to Monitor the

Implementation of the Criminal Justice Reform

Chihuahua · State of Mexico · Morelos Oaxaca · Zacatecas

Observation

Analyze Statistics

Conduct Interviews

Collect Data

Analyze Legal

Frameworks

2. Interactive Methodology

A. Budgets and spending for criminal justice systems B. Transparency, publicity, and dissemination of

information on the NCJS C. Responsibilities of Attorneys General (AG) Offices D. Responsibilities of courts E. Respect for the rights of defendants F. Respect for the rights of victims

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3. Main Topics

• Judges, prosectuors and public defenders are present in 100% of hearings.

• 25 000 individuals have avoided pre-trial detention.

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4. Advances

Non-Sentenced Incarcerated Individuals per Every 100,000 Inhabitants

Source: Developed by Guillermo Zepeda and the research team, based on information from the Federal Secretariat of Public Safety

Num

ber o

f Non

-Sen

tenc

ed

Inca

rcer

ated

Indi

vidu

als

4. Advances

52.8 54.1 51.9 46.7 44.9 45.1 44.9

71.3 72.4 71.2 70.6 71.3 69.2 74.5

0

10

20

30

40

50

60

70

80

2005 2006 2007 2008 2009 2010 2011

The five reform states Non-reform states

• Duplicated response capacity of AG offices • Improved public defense that guarantees due

process •Greater rights and better assistance for victims

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4. Advances

• Increased access to effective and timely justice through alternative justice mechanisms. • Shorter criminal justice process.

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4. Advances

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One Country, Two Criminal Justice Systems: Average Sentence Length in Reform and Non-Reform States

4. Advances

Sentence Lengths

3.2

1.9

30.7

27.2

18.3

7.4

3.4

1.8

1.1

0.6

0.5

3.8 4.

9

1.7

17.4

23.9

26.7

8

4.4

3.2

1.3

1.1

1

6.2

0

5

10

15

20

25

30

35

Withoutprison

Less thanone

month

1-11months

1-3 years 3-5 years 5-7 years 7-9 years 9-11years

11-13years

13-15years

15-17years

Morethan 17

years

Non-reform states Reform States

Source: Developed by Guillermo Zepeda and research staff, based on criminal justice system statistics gathered by INEGI 2011.

Perc

enta

ge

• Improve investigative capacity to resolve serious crimes and thus reduce impunity. • Lack of a civil service within AG offices. • Need to monitor pre-trial diversion conditions,

compensation agreements and judicial measures.

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5. Areas of Opportunity

• Avoid legal reforms that undermine the principles of the NCJS.

• Greater training needed for

preventative police to effectively participate in the NCJS.

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5. Areas of Opportunity