Justice in Mexico Completes Second OASIS Study Trip

7/18/2018 (written by Quinn Skerlos)- From July 2 to July 14, Justice in Mexico held the second 2018 Oral-Adversary Skill-building Immersion (OASIS) Study trip at University of San Diego (USD). The participants were 13 administrators, students, and law faculty from the Universidad de Guadalajara (UdeG), and Universidad Autónoma de Nuevo León (UANL), and Benemérita Universidad Autónoma de Puebla (BUAP). The OASIS study trippers were primarily composed of 12 law professors and law students from UdeG and UANL, but also included the Director of BUAP’s School of Law and Social Sciences, Luis Ochoa Bilbao. Now the eleventh OASIS study trip implemented by Justice in Mexico, these study trips provide a cultural immersion and study opportunity for selected Mexican law professors and students to experience the United States criminal justice system and meet with relevant legal experts, academics and public officials, including judges, professors, and attorneys. This program is made possible by a grant from the U.S. State Department’s Bureau of International Narcotics and Law Enforcement Affairs under the Mérida Initiative.

With the direction of OASIS Training Director, Janice Deaton, and OASIS Regional Director and USD law professor, Allen Snyder, the OASIS study trip participants attended a variety of lectures given by legal experts and academics, toured various facilities relevant to the United States criminal justice system, and engaged in group discussions guided by Janice Deaton and/or Allen Snyder. The majority of the study trip was held in San Diego at USD, however, participants also had the opportunity to visit San Francisco and meet with several public officials and representatives of the San Francisco community.

OASIS participants have the opportunity to meet and engage with various members of the legal community, including judges, attorneys, and law professors.

OASIS participants have the opportunity to meet and engage with various members of the legal community, including judges, attorneys, and law professors.

In San Diego, agenda highlights included: site visits to the San Dan Diego State and Federal Court, a tour of the San Diego Metropolitan Correctional Center (MCC), a mock-trial simulation, and lectures led by legal professionals from the Public Defender’s Office, Office of the Attorney General, Pre-trial Services, etc. In San Francisco, participants visited and met with members of the Ninth Circuit Court and the San Francisco Superior Court, and toured the Alcatraz Federal Penitentiary, a historical landmark and former high-security prison. Overall, the trip focused on providing analysis of the U.S. criminal justice system, and reinforcing the theory behind and practice of oral, adversarial and accusatorial criminal justice systems. This focus is intended to promote the participants’ appreciation for judicial reform in Mexico and reflect positively in their forthcoming academic and professional trajectories.

The program agenda’s accomplished guest speakers included: Allen Snyder (USD), Associate Dean Margaret Dalton (USD), Gregg McClain (Office of the District Attorney, San Diego), Scarlet Espinoza (Ninth Circuit Court, San Francisco), Judge Gerardo Sandoval (San Francisco Superior Court), Maria Elena Lopez Evangelista (Office of the Public Defender, San Francisco),  George Gascon (District Attorney of San Francisco), Judge Christopher Whitten (Superior Court of Maricopa County), Tony Da Silva (Office of the Attorney General, San Diego), Theresa Talplacido (San Diego MCC), Judge John Houston (District Judge for the Southern District of California), Janice Deaton (USD), Monique Carter (Office of the Public Defender, San Diego), Scott Pirrello (San Diego District Attorney’s Office), and Veronica Cataño Gonzalez (Supreme Court of Baja California).

Justice in Mexico Completes First OASIS Study Trip

OASIS Study Trip 1 participants and Justice in Mexico staff.

OASIS Study Trip 1 participants and Justice in Mexico staff.

7/2/18 (Quinn Skerlos) – From June 10 to June 23, 12 administrators, representatives, and law faculty from the Universidad de Guadalajara (UdeG), and Universidad Autónoma de Nuevo Leon (UANL) took part in the first of three 2018 Oral-Adversary Skill-building Immersion (OASIS) study trips at University of San Diego (USD). This group of 12 study trip participants included the deans of the law schools of both the UdeG and UANL, José de Jesús Becerra Ramirez (UdeG) and Oscar Paulino Lugo Serrato (UANL). OASIS Study trips are designed by Justice in Mexico to provide a training and study opportunity for Mexican law professors and students that allows participants to experience the United States criminal justice system. This program is made possible by a grant from the U.S. State Department’s Bureau of International Narcotics and Law Enforcement Affairs under the Mérida Initiative.

Under the direction of the OASIS Training Director, Janice Deaton, OASIS Regional Director and USD law professor Allen Snyder, the UdeG and UANL participants met with legal experts, academics and public officials, including judges, professors, and attorneys. While the majority of the study trip was held at USD facilities, the study trip participants also had the opportunity to briefly visit the University of California-Los Angeles (UCLA) School of Law in Los Angeles, CA.

OASIS Study Trip participants have the opportunity to meet with legal experts, academics and public officials.

OASIS Study Trip participants have the opportunity to meet with legal experts, academics and public officials.

The study trip was comprised of daily sessions on the stages of the United States legal system, which included group debriefs, site visits and meetings with public officials and institutional representatives. OASIS study trip participants had the opportunity to visit both federal and state courts in Los Angeles and San Diego, including the Appellate Court and the Federal Court. The visits were bookended with breakout sessions to discuss relevant legal topics pertinent to the U.S. criminal justice system. Aside from experiencing the foundations of the United States legal system, the group learned about legal topics such as alternative sentencing, separation of powers, and the use of evidence.

The program agenda’s accomplished guest speakers included: Tony Da Silva (Office of the Attorney General), Ruby Anaya (California Western School of Law), Carlos Varela, Luis Guerrero, Janice Deaton (USD), Michael Ramsey (USD), Judge Mitchell D. Dembin (Southern District of California), Professor Allen Snyder (USD School of Law), Associate Dean Margaret Dalton (USD), Judge Lisa Rodriguez (San Diego Superior Court Judge), Dean Stephen Ferruolo (USD), Professor Máximo Langer (UCLA), Professor Rubén Hernández-León (UCLA), Dr. Peter Reich (UCLA), Professor Laura Gómez (UCLA).

2018 Drug Violence in Mexico Report

Drug Violence in Mexico: Data and Analysis Through 201704/11/18- Justice in Mexico, a research and public policy program based at the University of San Diego, released its 2018 special report on Drug Violence in Mexico, co-authored by Laura Calderón, Octavio Rodríguez Ferreira, and David A. Shirk. The report examines trends in violence and organized crime in Mexico through 2017. The study compiles the latest available data and analysis of trends to help separate the signals from the noise to help better understand the facets, implications, and possible remedies to the ongoing crisis of violence, corruption, and human rights violations associated with the war on drugs.

Mexico experienced dramatic increases in crime and violence over the last decade. The number of intentional homicides documented by Mexico’s National Institute of Statistics, Geography, and Information (INEGI) declined significantly under both presidents Ernesto Zedillo (1994-2000) and Vicente Fox (2000-2006), but rose dramatically after 2007, the first year in office for President Felipe Calderón (2006-2012). All told, throughout the Calderón administration, INEGI reported 121,669 homicides, an average of over 20,000 people per year, more than 55 people per day, or just over two people every hour. Over that period, no other country in the Western Hemisphere had seen such a large increase either in its homicide rate or in the absolute number of homicides.

Yet, over 116,000 people have been murdered under Mexican President Enrique Peña Nieto (2012-2018), despite his campaign pledge that violence would decline dramatically within the first year of his administration. In fact, there were an average of 23,293 homicides per year during the first five years of Peña Nieto’s term, nearly 4,000 more per year than during Calderón’s first five years in office. As such, the annual average number of homicides under the Peña Nieto administration is now about 20% higher than during the Calderón administration, whose first two years saw much lower levels of homicide.

In 2017, state-level increases in intentional homicide cases were found in all but 6 states. The top five states with the largest number of intentional homicide cases in 2017 were Guerrero (2,318), Baja California (2,092), Mexico State (2,041), Veracruz (1,641), and Chihuahua (1,369). In 2017, the state with the largest annual increase in total homicides was Baja California, with most of that increase concentrated in the city of Tijuana, as discussed below. However, the largest percentage increases in homicide cases were found in Nayarit (554% increase) and Baja California Sur (192% increase). At the state level, the largest numerical and percentage decrease in homicides was found in the state of Campeche, which saw 67 homicide cases in 2017, down 17 cases (20% less) compared to the previous year.

 

Journalists and mayors are several times more likely to be killed than ordinary citizens. According to a recent Justice in Mexico study by Laura Calderón using data from 2016, Mexican journalists were at least three times more likely to be killed (.7 per 1,000) than the general population (.21 per 1,000), and mayors are at least twelve times more likely (2.46 murders per 1,000). Justice in Mexico’s Memoria dataset includes 152 mayors, candidates, and former mayors killed from 2005 through 2017, with 14 victims in 2015, six in 2016, and 21 in 2017. In total, nine sitting mayors were killed in 2017.

Mexico’s recent violence is largely attributable to drug trafficking and organized crime. Tallies produced over the past decade by government, media, academic, NGO, and consulting organizations suggest that roughly a third to half of all homicides in Mexico bear signs of organized crime-style violence, including the use of high-caliber automatic weapons, torture, dismemberment, and explicit messages involving organized-crime groups. Based on INEGI’s projected tally of 116,468 homicides from 2013 to 2017, at least 29.7% and perhaps as many as 46.9% of these homicides (34,663 according to newspaper Reforma and as many as 54,631 according to Lantia consulting service) appeared to involve organized crime.

In early 2017, the notorious kingpin leader of the Sinaloa Cartel, Joaquín “El Chapo” Guzmán was extradited to New York to face charges of organized crime, murder, and drug trafficking, among others. The analysis in the Drug Violence in Mexico report suggests that a significant portion of Mexico’s increases in violence from 2015 through 2017 were related to inter- and intra-organizational conflicts among rival drug traffickers in the wake of Guzmán’s re-arrest in 2016. In particular, Guzmán’s downfall has given rise to a new organized crime syndicate called the Jalisco New Generation Cartel (Cartel de Jalisco Nueva Generación, CJNG). Thus, the surge of violence following Guzmán’s arrest is one of the negative effects of targeted leadership disruption by law enforcement, often known as the “kingpin strategy.”

The country’s recent violence could be a concern in Mexico’s 2018 presidential election. The worsening of security conditions over the past three years has been a major setback for President Enrique Peña Nieto (2012-2018), who pledged to reduce violence dramatically during his administration. Peña Nieto has received record low approval ratings during his first five years in office, in part due to perceptions of his handling of issues of crime, violence, and corruption, particularly after the disappearance and murder of dozens of students from Ayotzinapa, Guerrero in 2014. Mexico will hold elections in July 2018 and the next president will take office in December 2018. Since there is widespread concern about Mexico’s elevated levels of crime and violence, candidates for public office will feel pressure to take a stand on these issues and may even be targeted for violence for violence.

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The State of Anti-Corruption in Mexico

Credit: Alfredo Estrella/Agence France-Presse — Getty Images

Protesters outside the attorney general’s office. Credit: Alfredo Estrella/Agence France-Presse — Getty Images

12/05/17 (written by Lucy Clement La Rosa) – The antithesis of democracy and good governance, corruption has repeatedly undermined development in Latin America and the Caribbean. Over recent years, the region has endured numerous corruption scandals; most recently, Colombia’s oil refinery embezzlement and Brazil’s Odebrecht scandal exposed the magnitude of political graft and crony capitalism. The multifariousness of corruption undermines the crucial building-blocks of society, including access to information, human rights protections, political processes, judicial institutions, and economic policies.

Although the recent exposure and prosecution of corruption schemes across Latin America has stimulated regional dialogue on rule of law, public assessment of countries’ anti-corruption capacity remains perturbingly low. According to Transparency International’s latest Global Corruption Barometer, People and Corruption: Latin America and the Caribbean, corruption is on an upward trend. An average of 62% of over 22,000 Latin American constituents answered that the level of corruption in their respective country has increased since 2015. Moreover, 53% of the survey participants answered that their country’s government is poorly addressing the problem of corruption. The civil functionaries identified by the public as the most corrupt were elected officials and law enforcement agents, both indispensable to rule of law (Transparency International).

However, in this case, bad news may be good news. The regional spotlight on perpetrators of corruption has stimulated public discourse and action; as Latin American countries increasingly acknowledge institutional voids in governance, the stage is set for reform. Notwithstanding, regional cooperation and anti-corruption capacity building will be essential in addressing the demands for transparency and accountability.

Mexico has especially felt the cancer of corruption with malignancies across economic and political sectors. According to a 2015 report by the Mexican Institute for Competitiveness corruption costs Mexico about 9% of its annual Gross Domestic Product (Instituto Mexicano para la Competitividad, A. C.). Aside from draining Mexico’s pocketbooks, corruption has contributed to an increasingly disenchanted populous. Pew Research Center, identified Mexico’s top public concerns in 2017: crime, corrupt political leaders, and corrupt police officers. In a comparison between 2015 and 2017, these concerns have increased respectively by 10%, 12%, and 9% (Pew Research Center).  Moreover, Transparency International identified Mexico’s bribery rate as the highest in the region with 51% of the populace paying a bribe for public services in the past 12 months, followed by the Dominican Republic and Peru with 46% and 39%, respectively (Transparency International).

Highly publicized corruption scandals have only added fuel to the fire: including but not limited to, the massacre of 43 students and protestors from Ayotzinapa, Guerrero; the extended manhunt for the former governor of Veracruz, Javier Duarte, on charges of political graft and organized crime; the government surveillance spyware allegedly targeting a variety of high-profile human rights lawyers, anti-corruption activists and journalists; and allegations of negligence in the seismic wake of destruction following two earthquakes in September of 2017.

In response, the public voice in Mexico has increasingly clamored for transparency and accountability. The galvanized public paved the way for the creation of a National Anti-Corruption System (Sistema Nacional Anticorrupción, SNA), civil society organizations like Mexicans Against Corruption and Impunity (Mexicanos Contra La Corrupción y La Impunidad, MCCI) and Transparencia Mexicana, and citizen initiatives, including the “3for3 Law,” which calls upon elected representatives to disclose personal assets, conflicts of interest and taxes.

Juan Pardinas,President of the Mexico Institute for Competitiveness-Credit: Brett Gundlock, Bloomberg

Juan Pardinas, President of the Mexico Institute for Competitiveness -Credit: Brett Gundlock, Bloomberg

Nonetheless, the aforementioned anti-corruption stamina is arguably waning in the face of staunchly institutionalized corruption. The new anti-corruption system, SNA, has been hard-pressed to accomplish much against active government resistance, including, federal-level refusal to cooperate with corruption investigations, state-level inaction on constitutionally mandated deadlines, and multi-level withholding of information. Regardless of the government’s role in creating the SNA, critics argue that the initiative has been largely abandoned. Juan Pardinas, President of the Mexico Institute for Competitiveness, dubbed this abrupt turnabout a Mexican government placebo scheme, intended to quell public outrage without any substantial compliance (New York Times).

Although anti-corruption progress has been slow, there is hope for the future. With Mexico’s upcoming presidential elections in 2018, it is fair to assume that anti-corruption will be at the forefront of campaign platforms, seeking to allay public indignation and redeem government approval ratings. Likewise, this timely window of opportunity will offer the public a chance to demand pivotal action on anti-corruption reform and impress upon the future administration the strength of public will in Mexico.

For a recent, in-depth summary of anti-corruption efforts in Mexico, Justice in Mexico recommends reading the aforementioned New York Times article. See below.

https://www.nytimes.com/2017/12/02/world/americas/mexico-corruption-commission.html

(in Spanish) https://www.nytimes.com/es/2017/12/02/mexico-enrique-pena-nieto-sistema-nacional-anticorrupcion-comite-ciudadano/?ref=en-US

 

Sources

Ahmed, Azam. “Anti-Corruption Drive, Commissioners Say.” The New York Times. December 2, 2017. https://www.nytimes.com/2017/12/02/world/americas/mexico-corruption-commission.html

Amparo Casar, M. “México: Anatomía de la corrupción. Instituto Mexicano para la competitividad A.C., Centro de Investigación y Docencia Económicas. May 2015. http://imco.org.mx/wp-content/uploads/2015/05/2015_Libro_completo_Anatomia_corrupcion.pdf

People and Corruption: Latin America and the Caribbean. Transparency International. October 2017. https://www.transparency.org/whatwedo/publication/global_corruption_barometer_people_and_corruption_latin_america_and_the_car

Vice, M. and Chwe, H. “Mexicans are downbeat about their country’s direction. Pew Research Center. September 2017. http://www.pewglobal.org/2017/09/14/mexicans-are-downbeat-about-their-countrys-direction/