New Regional Criminal Justice Center opens in Nayarit

Front of new regional justice center

The Bahía de Banderas Regional Criminal Justice Center opened on January 15, 2019. Source: Noticias de la Bahía.

01/27/19 (written by kheinle) — The Bahía de Banderas Regional Criminal Justice Center (El Centro Regional de Justicia Penal) officially opened on January 15, 2019. It includes two oral trial courtrooms; areas for conflict and alternative dispute resolution; designated space for protected witnesses; and offices and amenities for judicial system operators, judges, prosecutors, and defense attorneys to work. The two oral courtrooms add to Nayarit’s 12 other such spaces throughout the state. The Center cost $25 million pesos (~$1.3 million USD) to construct.

High-ranking state and judicial officials attended the grand opening. Nayarit’s Governor, Antonio Echevarría García, spoke to the role the Regional Center and other state and national institutions play in combatting corruption and impunity. President of the Nayarit Superior Court Ismael González Parra added that the Justice Center consolidates and streamlines the oral penal system in Nayarit. “…We are complying with commitments under Plan Mérida, an international security treaty established by the United States and Mexico to strengthen our institutions that procure and administer justice,” he said. The new center also complies with a state reform passed in September 2018, writes Periódico Express de Nayarit, that integrates representatives from the state’s executive and legislative branches in the Judicial Council (Consejo de la Judicatura). Ultimately, the center supports the advances made nationwide under Mexico’s New Criminal Justice System (Nuevo Sistema de Justicia Penal, NJSP).

Nayarit’s Justice Centers and the NSJP

unveiling at criminal justice center

President of the Nayarit Superior Court Ismael González Parra (middle) and Governor of Nayarit Antonio Echevarría García (right) unveil the new Bahía de Banderas Regional Criminal Justice Center. Source: Periódico Express de Nayarit.

The Bahía de Banderas Regional Criminal Justice Center is one of several Justice Centers now in operation in Nayarit, according to the Mexico’s Consejo de la Judicatura Federal. The state’s first Regional Criminal Justice Center (El Centro de Justicia Penal Federal) was opened in February 2016. Located in Nayarit’s capital, Tepic, it cost almost $59.5 million pesos (~$3.1 million USD) to build. Another center, El Centro de Justicia Penal Federal en el Archipiélago de las Islas Marías, opened in October 2017. There are other centers, too, that focus on other areas of law, like Nayarit’s Justice Center for Women (El Centro de Justicia para la Mujer), which opened the same day as the Bahía de Banderas Regional Criminal Justice Center. These centers replicate others throughout Mexico in terms of function, capacity, and technological advances to procure and administer justice.

Justice Centers play a critical role in Nayarit’s and Mexico’s decade-long judicial reform efforts. During the New Criminal Justice System’s eight-year implementation period (2008-2016), Nayarit was considered a post-reform adopter. In a 2015 special report, “Criminal Procedure Reform in Mexico, 2008-2016,” Justice in Mexico found that state level implementation efforts of the NSJP were fairly limited up until 2013. It noted that many states at that time were still behind in the process of meeting the June 2016 deadline to fully comply with the 2008 constitutional reforms. Nayarit’s State Congress then approved and launched oral adversarial trial reform in 2014, and the state has continued to make progress over the years towards executing the NSJP. Opening Justice Centers in 2016, 2017, and 2019 exemplify such efforts.

Sources:

Secretaría de Gobernación. “En Nayarit inicia el Nuevo Sistema de Justicia Penal.” Government of Mexico. March 23, 2014.

Rodríguez Ferreira, Octavio and David A. Shirk. “Criminal Procedure Reform in Mexico, 2008-2016.” Justice in Mexico. October 8, 2015.

Vargas, Gustavo. “Se instala Centro Regional de Justicia Penal en Tepic.” Nayarit en Linea. February 25, 2016.

“Inaugura CJF centro de justiciar integral en el archipiélago de las Islas Marías.” El Sol de Nayarit. October 20, 2017.

Casillas Barajas, Julio. “Inaugurán centro regional de justicia penal.” Periódico Express de Nayarit. January 14, 2019.

“Antonio Echeverría inaugura el Centro de Justicia para la Mujer y el Centro Regional de Justicia Penal de Bahía de Banderas.” Noticias de la Bahía. January 15, 2019.

“Inauguran Gobernador y autoridads judiciales el Centro Regional de Justicia Penal de Bahía de Banderas.” Periódico Express de Nayarit. January 16, 2019.

Website. “Reportes: Directorio.” Consejo de la Judicatura Federal. Last accessed January 26, 2019.

Informe ejecutivo sobre avances en la implementación del Nuevo Sistema de Justicia Penal. México: Consejo de la Judicatura Federal, August 2015.

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Justice in Mexico presents findings from 2017 Justiciabarómetro report to a Mexican delegation

11/22/17- On Thursday, November 16, 2017 the Justice in Mexico program welcomed a delegation of Mexican law professors and experts sponsored by the U.S. State Department and hosted by the San Diego Diplomacy Council and offered a presentation of the results of the 2016 Justiciabarómetro survey of Mexican judges, prosecutors, and public defenders.

The State Department-sponsored visit was organized by the San Diego Diplomacy Council through the Global Ties network. The delegation comprised a group of twenty law professors, judges, researchers, and administrators from several institutions located in ten different states throughout the country, including law schools and graduate degree programs.

On behalf of the Justice in Mexico program, David Shirk and Octavio Rodriguez presented a  PowerPoint presentation of the results of the 2016 Justiciabarómetro survey of Mexican judges, prosecutors, and public defenders. A full list of the members of the delegation is provided below.

The Justiciabarómeter is an innovative diagnostic tool for analyzing the criminal justice sector through the eyes of the professionals who serve in key positions within the system, including judges, prosecutors, public defenders, and police.

Members of the delegation were especially interested in the research methodology and raised several questions about the findings, which generally noted the increased support among judicial sector professionals for the country’s transition to a new oral, adversarial model of criminal procedure in 2016.

Universidad Autonomá de Baja California (UABC) delegate Jorge Díaz Zazueta, who collaborated with Justice in Mexico for the implementation of the survey, noted that the Justiciabarómetro provides invaluable policy insights on the Mexican criminal justice system. Specifically, he noted, the survey results were useful in identifying areas of need for further training of judicial sector personnel in the state of Baja California.

The delegates also made several suggestions for future iterations of the survey, including the possibility of partnering with their home institutions to replicate the survey with other criminal justice sector operators in 2020. Overall, the visit provided an important opportunity to share the results of the study and allow a fruitful exchange of ideas among experts working to improve Mexico’s criminal justice system.

Justiciabarómetro Featured in Nexos

Image Source: Nexos.

Image Source: Nexos.

10/10/17- (written by Lucy Clement La Rosa) In October of this year, Nexos, a political magazine based in Mexico City, featured an article co-authored by Justice in Mexico Director and Program Coordinator, David Shirk and Octavio Rodríguez, that examines rule of law and judicial reform in Mexico. The article, titled “El Justiciabarómetro Mexicano” (The Mexican Justice Barometer), highlights the Justice in Mexico’s Justiciabarómetro project, a quantitative research initiative to gauge the current levels of comprehensive judicial reform and the professional attitudes of judicial operators throughout the Mexican criminal justice system, including police, public defenders and judges.

The article introduces the background of the Justiciabarómetro project, which began in 2009 and was first published as research study in 2010. The project was initiated at a critical moment in Mexico’s democratic development in order to provide much needed analysis of judicial operators and judicial reform in Mexico. Just one year before, Mexico’s ruling president Enrique Peña Nieto had launched an ambitious judicial reform, aimed at improving the transparency of the criminal justice system. Under the agenda of New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP), the reforms targeted various operators across multiple judicial sectors, including police officers, prosecutors, public defenders, the Ministry of the Public, the courts, and the prison system. The reforms introduced new judicial procedures and standards with the intent of promoting greater access to justice (for defendants and victims alike) and improving the efficiency of judicial operators.

The 2008 reforms were implemented following a general outcry over the dysfunctionality of Mexico’s justice system, which was fraught with impunity, corruption, legal misconduct and a general lack of access to justice for defendants and victims. In fact, Mexico’s society was so disenfranchised by the rate of impunity and level of uninvestigated crimes that often crimes went unreported. Moreover, crimes that were reported were often protracted by trial delays, a reliance on eye witness testimony and general negligence.

The first Justiciabarómetro published in 2010 was a survey of judicial operators across nine Mexican states with a response rate of 24%. The survey, composed of over 120 questions, focused on the demographic and professional profiles of judicial operators as well as their personal perspectives on various topics; including: the effectiveness of the judicial sector, the implementation of the new judicial sector and the attitude towards persistent problems of corruption, organized crime and violence.  The study generated useful indicators as the early development of Mexico’s judicial reform, useful not only for academic purposes, but also for public policy initiatives.

The Nexos article specifically highlights the most recent 2016 Justiciabarómetro publication, which covered 11 Mexican states with a response rate of 56%. In comparison to the baseline of the first Justiciabarómetro study, the 2016 study discovered several positive changes in the attitudes of the surveyed judicial operators towards judicial reform. For example, about 80% of the survey participants believe that the NSJP will reduce institutional corruption and about 95% of judicial operators prefer the new oral, adversarial trial procedures over the antiquated, written procedures. The 2016 study also identifies several persisting challenges within Mexico’s judicial system that beg to be address for the sake of the success and continuity of the judicial reform process.

Overall, the Nexos article underscores the objectives and important findings of the latest Justiciabarómetro study with relation to Mexico’s judicial reform and judicial operators. The objective of Justice in Mexico’s ongoing Justiciabarómetro project is not only to fill the gap in the literature related to judicial operators, but also to provide routine evaluation of the Mexican judicial system. In this manner, the Justiciabarómetro can identify progressive development and remaining challenges within Mexico’s comprehensive judicial reform and judicial personnel. It is the overarching goal of our organization to accentuate the positive impact of the relatively new oral, adversarial system in Mexico’s rule of law and subsequently reinforce the continuous development of Mexico’s judicial system.

 

Please see below for a link to the Nexos feature (Spanish); there is also a separate link to the translated Nexos article (English).

Nexos (Spanish): Nexos Feature

Translation (English): Nexos Translation