Around the States: Updates on the New Criminal Justice System

12/29/19 (written by kheinle) – Mexico’s New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP) has been in effect for well over three years, but each state’s implementation and effective functioning of the system varies widely. From public defenders to prosecutors, and from human rights protections to police officer trainings, the adversarial justice system encompasses many facets. The updates below from around the states demonstrates the NSJP’s breadth.  

Colima

Source: Justice in Mexico

Just over 40% of Colima’s public defense attorneys are being let go due to budgetary cutbacks approved by that state’s Congress in December, dropping the total number on staff from 83 to 47. The president of Colima’s Bar Association (Federación de Colegios, Barras y Asociaciones de Abogados Asociación Civil), Oswy Delgado Rodríguez, spoke on the matter. He lamented that the lawyers affected were valuable, experienced, and able to sufficiently defend Colima’s vulnerable populations. Their loss would have an impact.

The lack of resources allocated to Colima’s public defenders is not unique to the state. According to the Washington Office on Latin America citing México Evalúa, “In 2018, these [public defense] agencies received less than 2 percent of a pool of funds allocated to public defenders’ offices, federal courts, the Federal Police, the National Prosecutor’s Office, and the Executive Commission for Attention to Victims.”

This is compounded by the fact that Colima has regularly been one of the latter states to advance the NSJP. As Justice in Mexico noted in its 2015 report, Colima was one of the last two states along with Hidalgo to approve the reform to implement the NSJP, not doing so until August of 2014. It was also one of the last five states to begin implementing the system itself, again not doing so until December 2014. This left just over 18 months for the state to fully implement the justice system before the constitutionally mandated deadline of June 2016.

Mexico City (Ciudad de México, CDMX)

Source: Justice in Mexico

Mexico City is complying with the nationwide push at federal and state levels to make the Prosecutor’s Office autonomous from the Executive Branch. In effect, this would bolster the adversarial justice system by “strengthen[ing] the public prosecutor’s offices in combating violence, corruption, and impunity,” writes WOLA in a detailed report from November 2019. In a follow up report, WOLA elaborated that this shift would ultimately bring the Prosecutor’s Office’s structure and investigative priorities “more in line with the adversarial system.”

The nation’s capital is doing so, however, in a “unique and innovative” way, argues WOLA. What sets Mexico City’s approach apart from the other 31 states is that the process is rooted in civil society and led by a Technical Commission. As mandated by Mexico City’s updated constitution in 2018, its State Congress is to “select a Technical Commission made up of seven civil society leaders to design a proposal for how to complete the city’s transition toward an autonomous prosecutor’s office,” writes WOLA.

The commission was filled just over a year ago and has since drafted a proposed “Implementing Law” (Ley Orgánica) to help guide the creation of the Prosecutor’s Office, specifically outlining the office’s structure and function. The Law’s main goals in establishing the Prosecutor’s Office are “improving results in high-impact cases, managing case flows and complaint reception efficiently, strengthening institutional professionalization, and ensuring strong internal controls.”

Click here to read more about WOLA’s comprehensive reporting on Mexico City’s Technical Commission.

Michoacán

Source: Justice in Mexico

The State of Michoacán took two key steps in December to strengthen protection of human rights, a pillar of the New Criminal Justice System.

First, the State’s Legislative Committees recommended the naming of Michoacán’s head of the State Commission on Human Rights (Comisión Estatal de Derechos Humanos, CEDH). On December 4, Dr. Jean Cadet Odimba On’Etambalako Wetshokonda was nominated to the ombudsman role, edging out the other candidate, Mtra. Elvia Higuera Pérez. Cadet shared his plans for the CEDH, starting with a “reengineering” of the agency to ensure it can be flexible enough to adjust to the needs of the people. He also plans to ensure all members of the CEDH receive quality training on human rights protections to strengthen the agency’s services. This was Cadet’s second attempt to run for the position.

Human rights were also a key focus of a training attended by Municipal Police from Charo, Michoacán in November and December. The State’s Attorney General’s Office (Fiscalía General del Estado, FGE) led the course, titled “Updating Police Roles,” which included specific training on human rights vis-à-vis police responsibilities. This portion of the course was facilitated by the FGE’s Director of Human Rights Promotion and Defense, Marcela Verónica Chávez Hernández. At least nine police attended the training.

Sources:

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

Cortes, Nancy G. et al. “Perspectives on Mexico’s Criminal Justice System: What Do Its Operators Think?” Justice in Mexico. April 2017.

Hinojosa, Gina and Maureen Meyer. “Mexico’s Rule of Law Efforts: 11 Years After Criminal Justice Reforms.” Washington Office on Latin America. November 13, 2019.

Hinojosa, Gina and Maureen Meyer. “Steps Toward a Functioning Local Prosecutor’s Office: The Mexico City Model.” Washington Office on Latin America. November 25, 2019.

“Ya es tiempo de que Michoacán tenga un ombudsman ciudadano: Jean Cadet Odimba.” Mi Morelia. November 25, 2019.

“Después de las comparecencias, el Panorama se aclara en el nombramiento del Ombudsman Michoacano.” PCM Noticias. December 6, 2019.

“Clausura FGE curso de capacitación a policías de Charo en materia de Derechos Humanos y actualización de la función policial.” Contramuro. December 23, 2019.

De la Torre, Martha. “Gobierno de Colima despide a 40% de sus defensores públicos.” El Heraldo de México. December 26, 2019.

“Hallazgos 2018: Seguimiento y evaluación del sistema de justicia penal en México.” México Evalúa. August 7, 2019.

Perspectivas del sistema de justicia penal en México: ¿Qué piensan sus operadores? (2016)

JABO 2016 report cover

Justiciabarómetro 2016

 

11/14/16 — (written by Kimberly Heinle) On November 14, 2016, Justice in Mexico, a research and public policy program based at the University of San Diego, released its latest report in the Justiciabarómetro series, Justiciabarómetro 2016 Perspectives on Mexico’s Criminal Justice System: What do its operators think?, thanks to the generous funding of the John D. and Catherine T. MacArthur Foundation.

There are remarkably few surveys of judicial sector operatives in the world. The few that exist, like a recent survey in the UK, tend to rely on very small samples (< 5%). The 2016 Justiciabarómetro provides a comparative analysis of the justice system operators’ demographics and perspectives, as well as comparisons to similar data collected in 2010. Survey participants included 288 judges, 279 prosecutors, and 127 public defenders in 11 Mexican states, with a response rate of 56%, a 2.4% margin of error, and a 95% confidence interval.

The 2016 Justiciabarómetro builds on a series of surveys that Justice in Mexico has conducted since 2009. Through collaboration with bi-national teams of judicial system experts in Mexico, these Justiciabarómetro studies are intended to generate useful indicators of judicial system capacity and performance in order to contribute to both academic research and improved public policy efforts.

With over 120 questions, the 2016 Justiciabarómetro documents judicial sector operators’ profiles and perspectives on a variety of topics, such as judicial system effectiveness, compensation levels, and attitudes toward Mexico’s recent problems with crime and violence. Importantly, the study finds that there have been changes in judicial attitudes toward recent reform efforts, including a notable increase in favorability among judges toward the use of oral, adversarial trial procedures introduced in June 2008 and implemented nationwide over an eight-year period.

According to Justice in Mexico Director David Shirk, a professor of the Political Science and International Relations at University of San Diego, “There has been ample speculation about how well the courts have been adapting to the 2008 reforms. This study helps show that judges and other judicial sector operators are making progress, but also documents some of the serious challenges that remain.”

Some the most relevant findings include the following:

  • The majority of the operators of all judicial system operators are male (56%), under the age of 50 (79%), and have a post-graduate degree (57%).
  • 63% of judges surveyed earn more than $30,000 pesos each month, yet 72% of prosecutors and 82% of public defenders earn less than that amount.
  • Nearly all of the operators (89%) believe the justice system needed to be reformed and that the New Criminal Justice System (Nuevo Sistema de Justicia Penal, NSJP) has had positive effects since it began in 2008. An additional 90% think the NSJP creates greater trust in authorities, and 93% more argue it will accelerate judicial processes.
  • NSJP features are overwhelmingly well received, with roughly 95% of all operators preferring oral proceedings over previously implemented written methods, a significant increase from 2010 JABO results. Additionally, 98% prefer the use of alternative dispute resolution (ADR).
  • The majority of respondents are in favor of the presumption of innocence (84% of judges, 76% of prosecutors, and 91% of public defenders) and believe the NSJP will help reduce corruption (80% of all operators).
  • 96% of all judicial system operators view judges as the most effective in their work when compared with prosecutors and public defenders, and an additional 96% view judges as the trust-worthiest.
  • Despite overwhelming agreement when operators were asked if they were prepared for the NSJP’s implementation and operation (86% of judges, 93% of prosecutors, and 90% of public defenders), between 13% and 29% of operators reported having never been trained in oral litigation or alternative methods to resolve cases.
  • A concerning 48% of prosecutors, 29% of public defenders, and 13% of judges believe authorities can operate above the law to investigate and punish individuals for crimes committed.

Graph of JABO Survey response rate

Justiciabarómetro 2016 Survey response rate by state and profession. Source: Justice in Mexico.

The study also includes findings on issues of growing concern, such as the frequently unreliable use of eye-witness testimony as evidence in court. The use of this practice in Mexico has been questioned by leading experts like Roberto Hernández, co-producer of the documentary film “Presunto Culpable” (Presumed Guilty) and an advisor on this study. According to the 2016 Justiciabarómetro survey, eyewitness testimony continues to be the most frequently used form of evidence provided in cases (68% of the time), followed by physical evidence (53%), and confessions (13%).

Overall, the 2016 Justiciabarómetro provides unique perspective on the administration of Justice in Mexico from the operators of the system. As noted by Justice in Mexico Program Coordinator Octavio Rodriguez, a Mexican attorney and co-author of the study, “The survey provides a rare and penetrating look inside the Mexican criminal justice system, which traditionally has been like a ‘black box’ to outside observers.”

To read the full report, please click here: Download

For public commentary in English or Spanish about the report or other criminal justice issues in Mexico, please contact the report’s authors directly:

 

Suggested Citation:

Cortés, Nancy G., Octavio Rodríguez Ferreira, David A. Shirk. Justiciabarómetro 2016 Perspectivas del sistema de justicia penal en México: ¿Qué piensan sus operadores? San Diego, CA: Justice in Mexico, 2016.

Relevant Background Sources:

Ingram, Matthew C., Octavio Rodríguez Ferreira, and David A. Shirk. Justiciabarómetro: Survey of Judges, Prosecutors, and Public Defenders in Nine Mexican States. San Diego, CA: Justice in Mexico, May 2011.

Octavio Rodríguez Ferreira, David A. Shirk, María Eugenia Suárez de Garay, “Justiciabarómetro: Diagnóstico de los operadores del sistema de justicia.” March 12, 2015.