New Policy Brief: The New Generation—Mexico’s Emerging Organized Crime Threat

The New Generation: Mexico's emerging Organized Crime Threat03/19/18 (written by dshirk) – Over the past decade, more than 200,000 people have been murdered in Mexico, including the record 29,000 murders that occurred in 2017 alone. According to a new Justice in Mexico policy brief by Lucy La Rosa and David A. Shirk, the recent increase in violence is one of the unintended consequences of the Mexican government’s strategy to target top organized crime figures for arrest and extradition. In the policy brief, titled “The New Generation: Mexico’s Emerging Organized Crime Threat,” the authors contend that the “kingpin strategy” that led to the downfall of famed drug trafficker Joaquín “El Chapo” Guzmán has now given rise to a new organized crime syndicate known as the Jalisco New Generation Cartel (Cartel Jalisco Nueva Generación, CJNG).

The authors provide a detailed history of the CJNG, an offshoot of the Milenio and Sinaloa Cartels. As recounted in the new report, the CJNG has managed to re-brand itself, consolidate splintered criminal networks, and emerge as one of the most powerful drug trafficking organizations in Mexico. Based in Guadalajara, the capital of the state of Jalisco, the CJNG has a widespread and growing presence that authorities say spans two thirds of the country. The CJNG is headed by Ruben “El Mencho” Oseguera, a small time drug trafficker who was convicted in California, deported to Mexico, and emerged as a ruthless and shrewd drug cartel leader.

The authors contend that the CJNG offers a timely case study of how organized crime groups adapt following the disruption of leadership structures, and the limits of the so-called “kingpin” strategy to combat organized crime, which has contributed to the splintering, transformation, and diversification of Mexican organized crime groups and a shift in drug trafficking into new product areas, including heroin, methamphetamines, and other synthetic drugs.

The authors offer three main policy recommendations. First, the authors argue that U.S. State Department and their Mexican partners must continue working earnestly to bolster the capacity of Mexican law enforcement to conduct long-term, wide-reaching criminal investigations and more effective prosecutions targeting not only drug kingpins but all levels of a criminal enterprise, including corrupt politicians and private sector money laundering operations. Second, the authors argue that U.S. authorities must work more carefully when returning convicted criminals back to Mexico, since deported criminal offenders like CJNG leader Oseguera are prime candidates to join the ranks of Mexican organized crime. Third, and finally, the authors contend that further drug policy reforms are urgently needed to properly regulate the production, distribution, and consumption of not only marijuana but also more potent drugs, including cocaine, heroin, and methamphetamine.




Justice in Mexico publishes Policy Brief on Mexico’s New Criminal Justice System

Justice in Mexico Policy Brief: The State of Judicial Sector Reform in Mexico now available!

Justice in Mexico Policy Brief: The State of Judicial Sector Reform in Mexico now available!

07/25/16 – Justice in Mexico is proud to release its newest publication, “The State of Judicial Sector Reform in Mexico.” With Mexico’s New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP) in full effect, the Policy Brief provides an assessment of Mexico’s judicial sector reforms, the Mexican government’s implementation efforts, and the remaining challenges and concerns. The Policy Brief also draws on previous and recent findings of Justice in Mexico to provide a concise overview and some of the policy recommendations that can help ensure the long-term success of recent reform efforts.

The NSJP, which shifts Mexico’s criminal procedure from the traditional ‘mixed inquisitorial’ model of criminal procedure to an ‘adversarial’ model, offers three principal advantages that improve Mexico’s overall judiciary. First, the NSJP introduces greater transparency, which is largely thanks to the inclusion of oral trials, or public court proceedings, into hearings. Second, the new system is far more efficient than the traditional model, as the courts’ once overloaded dockets that clogged up the court system have been relieved by including alternative dispute resolution (ADR) methods and plea bargains into the processes, among other methods. Lastly, the NSJP focuses heavily on respecting due process, which lends greater fairness to the administration of justice.

The Policy Brief builds on previous Justice in Mexico reports that covered the status of the New Criminal Justice System implementation, an eight-year phase that culminated on June 18, 2016 when Mexico’s constitutionally imposed deadline passed. Those reports include:

The Policy Brief also draws data from a forthcoming study by Justice in Mexico that will be released in September 2016. That report will be the second iteration of the “Justiciabarómetro” survey of more than 700 Mexican judges, prosecutors, and public defenders in 12 states. Several preliminary results worth noting demonstrate the important progress and hope for the future of the NSJP. First, there is overwhelming agreement in Mexico that judicial reforms are needed. Second, although judges largely agree that the NSJP will increase transparency and reduce corruption, prosecutors and public defenders do not. Third, a substantial turnover among judges in 2008 throughout Mexico may bode well for the reforms’ implementation and effectiveness because many current judges were appointed to position around the time the judicial reforms were approved in 2008, thus making them more comfortable and accepting of the judicial changes.

“The State of Judicial Sector Reform in Mexico” is made possible thanks to generous funding of the John D. and Catherine T. MacArthur Foundation. It is co-authored by Justice in Mexico’s Nancy Cortés, Kim Heinle, Octavio Rodríguez Ferreira, and David Shirk. Justice in Mexico is based at the Department of Political Science and International Relations at the University of San Diego.

The full publication is available here.