Jalisco makes progress in Criminal Justice System reform

Judge Suro Esteves speaks to an audience.

Judge Ricardo Suro Esteves, President of the Jalisco Supreme Court of Justice. Source: Francisco Rodriguez, El Occidental.

12/16/18 (written by Kimberly Heinle) — Beginning in 2019, the State of Jalisco’s judiciary will utilize electronic signatures on documents and for digital sentencing. According to the President of the state’s Supreme Court of Justice, Ricardo Suro Esteves, “Our judiciary will use electronic signatures, which will move us forward into the digital realm, making the administration and implementation of our justice system more efficient.” He continued, “With this technological advance, for the first time we are utilizing digital documents and sentencing with judicial validity.”

This progress reflects the effects of the New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP). The NSJP was intended to modernize judicial processes in Mexico, creating efficiency and expediency in the otherwise notoriously slow system. The transition to a more digital approach to courtroom and judicial proceedings increases their speed and efficiency while decreasing associated costs, added Judge Suro.

Jalisco also made progress with regards to the training that 5,000 police and traffic cops have gone through that covers their roles as first responder at crime scenes. This is part of the three workshops related to the New Criminal Justice System that police are required to complete. Judges and judicial system operators in Jalisco have also undergone training and seen a boost in salaries. Additionally, two new courtrooms have been built that will process oral trade law in Ocotlán and family law in Ciudad Judicial.

Judge Suro was reelected as the President of the Jalisco Supreme Court on December 14, 2018. His second two-year term will cover January 1, 2019 through December 31, 2020.

Sources:

“Police lack training in the New Criminal Justice System.” Justice in Mexico. December 4, 2018.

Bareño, Rosario. “Digitalización y primer Observatorio Judicial en el Poder Judicial: Suro Esteves.” El Occidental. December 7, 2018.

Rivas Uribe, Rodrígo. “Preparan operación de firma electrónica en el Poder Judicial del Estado.” Informador. December 7, 2018.

Ruíz, Luís Antonio. “Supremo Tribunal de Justicia implementará firma electrónica.” W Radio. December 7, 2018.

Diario Oficial de la Federación. “DOF: 07/12/2018.” Secretaría de Gobernación. December 12, 2018.

Cruz Romo, Ezequiel. “Repiten president en el STJEJ.” El Diario NTF Guadalajara. December 14, 2018.

Mexican Congress approves changes to bail system, drawing criticism

Results of Senate vote on December 6, 2018.

The Senate voted 91 to 18 in favor of amending Article 19 of the Mexican Constitution on December 6, 2018. Source: Noticias Acapulco News

12/10/18 (written by Kimberly Heinle) — The Mexican Senate approved reforms to Article 19 of the Mexican Constitution on December 6 that expands the crimes for which one can be held without bail. Individuals accused of misusing public funds for electoral means, sexually abusing minors, and forcibly disappearing persons, among others, may now be held without bail. The reform passed the Senate with 91 votes in favor and 18 against.

Despite the broad approval, the legislation faced some opposition within the Senate, namely from those outside of the ruling political party, MORENA (Movimiento de Regeneración Nacional). Only one MORENA Senator, Nestora Salgado (Guerrero), voted against the reform. Salgado agreed with concerns expressed by the United Nations that the reform could lead to human rights abuses, particularly that of Mexico’s vulnerable populations. While debating the law, Salgado took to Twitter to express her stance. She said, “We are debating the new law #FiscalíaEficiente / Morena does not want more violence nor more impunity. We are in the Fourth Transformation, acting with ethics and respecting the task with which the public has entrusted us.” For its part, the United Nations argued that the practice of being held without bail goes against “the humans rights of liberty, personal security, a fair trial, due process, and judicial guarantees.”

CNDH President

National Commission of Human Rights (CNDH) President Luís Raúl González Pérez. Source: La Jornada.

Luís Raúl González Pérez, president of Mexico’s National Commission of Human Rights (Comisión Nacional de Derechos Humanos, CNDH), also criticized the reform. He called it a “regressive” initiative, arguing that Congress should have prioritized the training and professionalization of the justice system operators first. Otherwise, he added, any charge brought forth opens the door to the suspect being held indefinitely due to the inefficiencies of the system’s operators to provide swift justice.

Mexico’s court system has long been criticized for the lengthy times that the accused have been detained while their case is processed. The New York Times, for example, recently highlighted one individual who has been held without sentencing for over 16 years. One element of the Accusatorial Criminal Justice System (Sistema de Justicia Penal Acusatorio, SJPA) that seeks to mitigate situations like that is the limit it places on the amount of time a suspect can be detained before trial. This appears to now be at odds with the Senate’s recent approval.

Congress will evaluate the reform’s success and effectiveness in five years.

Sources:

Villegas, Paulina. “La justicia en México: dieciséis años en prisión, preventiva sin sentencia.” The New York Times. November 13, 2018.

Olivares Alonso, Emir. “Regresiva’, reforma para ampliar prisión preventiva: CNDH.” La Jornada. December 4, 2018. 

Ballinas, Víctor y Andrea Becerri. “Ampliar en el país la prisión preventativa, peligroso: ONU.” La Jornada. December 5, 2018. 

“Nestora Salgado, la única senadora de Morena que votó contra reforma de prisión preventiva.” SDP Noticias. December 6, 2018. 

Police lack training in the New Criminal Justice System

Data collected by INEGI show insufficient levels of training completed by Mexican Police throughout the country.

12/04/18 (written by kheinle) — Recent reports indicate that the majority of Mexican police are insufficiently trained on the New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP). Just over half of all police have attended only one of three required NSJP-related trainings, according to the National Institute of Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI). Meanwhile, 80% of Mexican police have concerns over the system’s implementation.

As outlined by the Ministry of the Interior (Secretaría de Gobernación, SEGOB), one of the required workshops focuses on first responders, scene preservation, and evidence collection. Only 12 of Mexico’s 32 states and Federal District (Distrito Federal, DF) have had over 50% of its officers complete this training. The second course covers the role of police in the beginning stages of a case’s investigation. Only six states have had at least 50% of its forces trained. The third training focuses on the joint criminal investigation involving preventative and investigative police. Even fewer states – four – have had at least half comply. Only two states have had a majority of their police complete all three trainings: Chiapas and Coahuila.

One reason for the police’s insufficient training, argued Alberto Capella, Quintana Roo’s Minister of Public Security, is the flawed structural design of the NSJP’s implementation period, which spanned eight years (2008-2016). In an article by Noticieras Televisa, Capella notes that little pressure was put on local governments to ensure their police were sufficiently trained until the end of that eight-year window. Chihuahua Attorney General César Peniche also commented on the unequal levels of training among judicial system operators. He argued that the criminal justice system must adapt in order to fill these voids.

For his part, a professor of Criminal Justice at the University of Barcelona in Spain and a native of San Luis Potosí, David Ordaz Hernández commented on the overall stagnation in the implementation of the NSJP. He faulted the lack of training of justice system operators—including police—as a main reason for its delay. Insufficient training often leads to judicial processes being done by hand, he argued. The operators do not have the learned methodology or full understanding of the system, and these inefficiencies add up.

In November, several municipal mayors and local officials acknowledged the insufficient levels of training. As reported by news source Multi Medios, Cristina Díaz, the mayor of Guadalupe, Nuevo León, for example, said that in addition to fully training police forces, they also ought to work with police in the traffic division (“los agentes de tránsito”). Other local officials, however, defended the progress of their municipalities and their efficiency with processing the law.

Sources:

“México enfrenta reto de seguridad y aumento en homicidios, análisis en despierta.” Noticieros Televisa. November 8, 2018.

Villasena, Mayte. “Se comprometen alcaldes metropolitanos a capacitar a policías.” Multimedios. November 14, 2018.

Martínez, Abel. “Policías de México no han sido actualizados en Sistema de Justicia Penal.” Tribuna Noticias. November 22, 2018.

Morales, Rosa María. “El Nuevo Sistema de Justicia Penal, aún en pañales: David Ordaz.” Pulso – Diario de San Luis. November 26, 2018.

Responses to the Critics of the Judicial Reform in Mexico

05/21/18 (written by Lucy La Rosa)- Amid unprecedented levels of violence, the criminal justice reforms in Mexico are facing renewed criticism from political opponents. The oral adversarial system, fully implemented across the nation by 2016, remodeled the country’s trial system in an effort to reduce corruption, protect the rights of the accused and overall, strengthen the capacity of rule of law in Mexico.  However, as of late, opponents have re-articulated their disapproval, accusing the adversarial system as the cause and culprit of rising violence levels.

Miguel Angel Mancera, critic of the oral adversarial system. Source: Saúl Ruiz

Miguel Angel Mancera, critic of the oral adversarial system. Source: Saúl Ruiz

Said criticisms echo statements such as those by Miguel Angel Mancera, the former Mayor of Mexico City and current Senate candidate, who remarked last year: “There is an increase [in violence] that coincides with the large number of people who used to be imprisoned, this is a factor that has to be analyzed (El País).” According to Octavio Rodriguez Ferreira and David Shirk from the University of San Diego, even the sitting Mexican administration has principally set aside their support of the reform, which was originally one of the touted accomplishments of the incumbent President Enrique Peña Nieto. The Technical Secretariat for Judicial Reform Implementation, which provided institutional support for the reform, was abandoned only one year after the implementation of the reform and since, many political representatives have lobbied for the old, mixed-inquisitorial system that fostered the widespread use of pre-trial detention.

However, proponents of the criminal justice system reform, continue to argue that these reforms are essential to strengthening functional democracy in Mexico and that a reversal of the reforms would merely led to further infringement on the rights of the accused. The reformed system intends to promote a greater standard of accountability for judicial system operators in their investigations and prosecutions and emphasized a strong legal defense for the accused. Moreover, as Rodriguez Ferreira and Shirk point out, it is illogical to assume that the criminal justice system can entirely resolve issues of crime and violence, which are caused by “underlying social and economic conditions” which are not necessarily remediated by judicial structure.

In an article published last year by Animal Politico- an independent and pioneering Mexican news source largely focused on increasing transparency and access to reliable information- remains relevant today. The article, “The Accusatorial System and Violence: What the Data Says,” offers a detailed, data-focused response to naysayers and reiterates the need for the oral, adversarial model. Using data and information from the Executive Secretary of National System of Public Security (Sistema Nacional de Seguridad Pública, SNSP), the authors argue that opponents’ assertions are based on skewed and inaccurate data manipulations.

The article first points to the fact that the escalation in violence precedes the implementation of the reform. As a matter of fact, the uptick in violence began in late 2014, almost two years before the full effects of the criminal justice transition. The authors also emphasize that the majority of the rise in violence has been concentrated in a select number of states, specifically states that had already experienced high levels on violence during the Calderon administration’s war on drugs. Yet, not all states who previously recorded high homicide rates are re-experienced growing violence. Hence, a blanket accusation incriminating the criminal justice reform cannot reliably account for varying levels of violence across Mexican states. Finally, the article concludes by illustrating that there is no verifiable indication that petty criminals released on their own recognizance go on to commit violent crimes and contribute to increased homicide levels.

 

A Lack of Capacity

Mexican Supreme Court of Justice. Source: Open Society

Mexican Supreme Court of Justice. Source: Open Society

Regardless of the lack of empirical evidence, opponents continue to decry the criminal justice shift that strengthened the standard of innocence until proven guilty, which under the old system had been negligible at best. These political adversaries particularly highlight the number of criminals released or at liberty due to a lack of sufficient evidence, arguing that these individuals contribute to rising levels of violent crime. This argument, however, is a tipping point for advocates of the criminal justice system who caution against hasty conclusions.

“The [adversarial] system is not the problem; the problem is in the lack of capacity among institutions,” responded Karen Silva from the Center of Investigation for Development (Centro de Investigación para el Desarrollo, CIDAC), one of the leading institutions in assessing the performance of the new judicial system (El País). She continued, emphasizing the irrationality of opponents’ logic, which does not take into account that the majority of those released from prison populations were detained for petty, non-violent crimes. Rather, she argues, that the rise in violence can be attributed to a lack of knowledge and skill among criminal justice operators, including police, prosecutors, public defenders and judges, that perpetuates high levels of impunity. In turn, impunity reinforces a precedent that violent crimes are wont to go unpunished and uninvestigated and deteriorates citizens’ faith in the judicial sector.

Viridiana Rios, a global fellow at the Woodrow Wilson’s Mexico Institute, expands on the low institutional capacity of judicial operators and institutions, especially in the face of a progressively fragmented organized crime network. As organized crime groups fragmented and scattered geographically following the militarized “king-pin” strategy, judicial and police institutions failed to adjust correspondingly. Rios further argues that military units should stand down from providing security that should be done at a local police level because their presence only further limits police capacity and resources. Instead, she advocates more localized policing that can better address small-time, street-level drug trafficking and measures to install greater accountability among judicial institutions. In sum, she concludes, “What Mexico needs is a local and targeted strategy to fight crime that is more fractured (Wilson Center).”

Regardless of the lack of causality between judicial reform and rising violence in Mexico, the country is experiencing a lack of capacity among judicial institutions. Justice in Mexico’s research initiative, Justiciabarómetro, was established to identify areas for improvement within the justice system by evaluating the professional development of judicial actors, and their perceptions on the functioning of the judicial system. The most recent 2016 survey results, which covered 11 Mexican states, identified several persisting challenges within the judicial system including: a lack of training in oral litigation and a persisting belief that authorities can operate above the law in the pursuit of punishing alleged criminals. However, the survey also revealed some positive changes in comparison to the first Justiciabarómetro report in 2010. For example, about 80% of the survey participants believe that the judicial reform will reduce corruption and about 95% prefer oral, adversarial trial procedures to the mixed-inquisitorial system.

The overall intention of the Justiciabarómetro project is to provide baseline measures for the evaluation of the Mexican judicial system and a jumping-off point for Mexican policymakers in their capacity-building efforts. A visual factsheet of the 2016 Justiciabarómetro study can be found here.

Rather than regressing backwards to an old judicial system that often undermined the rights of the accused, Mexico should focus on strategic capacity building among judicial operators, including police, prosecutors, public defenders, and judges. Without institutional support and trainings, judicial operators do not have the tools or knowledge to fully protect rule of law in Mexico.

 

Sources

Cortes, Nancy G., Octavio Rodriguez Ferreira and David A. Shirk. “2016 Justiciabarómetro-Perspectives on Mexico’s Criminal Justice System: What Do Its Operators Think?.” Justice in Mexico. April 2017. https://justiceinmexico.org/justicebarometer-2016/

Gallegos, Zorayda. “Las autoridades mexicanas, incapaces de adaptarse al Nuevo Sistema de justicia.” El País. April 11, 2017. https://elpais.com/internacional/2017/04/07/mexico/1491521857_742926.html

Becerril, Andrea. “Un descaro, culpar del aumento de la violencia al Sistema penal acusatorio.” La Jornada. July 8, 2017. http://www.jornada.unam.mx/2017/07/08/politica/009n2pol

Merino, José and Carolina Torreblanca. “Sistema acusatorio y violencia: lo que dicen los datos.” Animal Politico. July 12, 2017. https://www.animalpolitico.com/blogueros-salir-de-dudas/2017/07/12/sistema-acusatorio-y-violencia-lo-que-dicen-los-datos/

Rodriguez, Octavio and David Shirk. “Mexico’s badly needed justice reforms are in peril.” The San Diego Union Tribune. August 11, 2017. http://www.sandiegouniontribune.com/opinion/commentary/sd-mexico-justice-utak-commentary-20170811-story.html

Rios, Viridiana. “New Crime, Old Solutions: The Reason Why Mexico is Violent Again.” The Wilson Center. February 4, 2018. https://www.wilsoncenter.org/publication/new-crime-old-solutions-the-reason-why-mexico-violent-again

“Sistema Penal acusatorio aumentó la violencia en México: Especialista.” Letra Roja. March 8, 2018. http://www.letraroja.com/sistema-penal-acusatorio-causa-aumento-la-violencia-en-mexico-especialista/

“Inadmisible, Nivel de violencia en México: SEGOB.” El Manaña, por Agencia Reforma. April 27, 2018. https://www.elmanana.com/inadmisible-nivel-violencia-mexico-segob-violencia-mexico-segob/4390571

 

 

 

 

 

Second OASIS workshop of 2018 is completed at UANL

03/09/18 (written by Genesis Lopez) – Justice in Mexico’s Oral Adversarial Skill Building Immersion Seminar (OASIS) program held its second oral advocacy workshop of 2018 from February 23- March 3, 2018, working collaboratively with the Department of Law and Criminology (Facultad de Derecho y Criminología, FACDYC) at the Autonomous University of Nuevo León (Universidad Autónoma de Nuevo León, UANL) in Monterrey. The OASIS program, funded through the U.S. State Department’s Bureau of International Narcotics and Law Enforcement Affairs, emphasizes oral litigation skills, which are provided through these workshops.

The extensive two-week workshop provided critical instruction regarding the oral techniques central to Mexico’s Criminal Justice System. Approximately 85 participants, law professors and students from UANL, attended the workshop. OASIS Training Director Janice Deaton led a diverse team of instructors from Colombia, Mexico, and the United States. These instructors included: Christopher Pastrana, Bertha Alcalde, Anthony Da Silva, Jorge Gutiérrez, Michael Mandig, Albert Amado, Adriana Blanco, Carlos Varela and Iker Ibarreche.

The instructors addressed seven major topics:

Theory of the case: The strategy behind the decisions and actions a lawyer takes. This assists the participants in making strategic decisions, which help solve a case.

Opening Statements: Understanding the importance opening statements have in regards to the trial, specifically the jury. Participants learned how to prepare and present an effective opening statement.

Interrogation: Establishing the credibility of the witnesses, laying out the scene, and introducing the events that took place in relationship to the case.

Cross-Interrogation: Questioning of a witness where the opposing party looks to discredit their testimony and credibility.

Introducing Evidence: Determining whether or not the evidence one wishes to present is real, testimonial, demonstrative, or documental.

Use of Depositions: Understanding how to utilize previous statements, especially to refresh a witness’s memory during trial.

Closing Statements: Reiterating the important arguments, theories, and evidence that are relevant to the case. Participants learned how to structure their closing arguments and strengthen their communication skills.

At the conclusion of the workshop, the participants attended a plenary session on ethics and applied the skills they learned in a mock trial. The simulation was designed specifically for the OASIS program and gave the participants the opportunity to showcase what they earned over the course of two weeks. They adopted specific roles and the instructors acted as judges, overseeing the trial and providing feedback.

At the closing ceremony, the FACDYC Director, Oscar Lugo Serrato spoke with Justice in Mexico’s Program Coordinator, Octavio Rodriguez and discussed the importance of practical trainings like the OASIS workshop. They also discussed the significance of bi-national relationships between universities. The next OASIS workshop will take place at the (Universidad de Guadalajara, UdeG), ­­­from April 13 –April 21, 2018.