Rule of Law Challenges along the U.S.-Mexico Border
Date: Monday, March 6, 2006
Time: 8:00 AM - 12:30 PMLocation: Joan B. Kroc Institute for Peace and Justice, Theatre & Rotunda
University of San Diego
Directions and Parking [ PDF (178.32 KB) ]
Free of charge and open to the public
Co-sponsored by the USD School of Law
The University of San Diego School of Law is a State Bar of California approved MCLE provider and certified that this activity was approved for MCLE credit in the amount of 2.5 hours of general credit.
Agenda [ PDF (36.17 KB) ] Flyer [ PDF (150.33 KB) ]
Two of the major concerns that Mexicans have today are the rising levels of crime and the perception that crime has besieged public authorities. This situation is particularly severe in the Mexican border states (Baja California, Chihuahua, Coahuila, Sonora and Tamaulipas) where the population not only faces the negative impact of organized crime (e.g., narcotraffic), but also the effect of "petit" crime, such as assault and robbery. In a recent survey, 22% of the population of these states declared that they were victims of crime before 2004, while 12% declared that they were victims of crime in 2004. In both cases, the percentages are above the national average.
Recent analyses show that two factors that exacerbate crime and impunity are the incompetence of state officials that are in charge of securing the rule of law and the outdated legislation on state penal justice. This situation is highly significant since more than 70% of crimes belong to the state jurisdiction and it is in solving these cases where state authorities have proven to be highly ineffective.
For the past ten years there has been an intense debate at the state level about the need to reform state criminal laws. Among the proposals are the implementation of oral trials and the creation of alternative mechanisms of justice (e.g., compensation to the victim). Coahuila and Nuevo Leon are two states where these reforms have already been implemented. In Chihuahua and Oaxaca there are formal debates on some reform proposals. The questions about the causes, characteristics, limitations and consequences of these reform proposals remain unanswered.
In response to these inquires, the USD Trans-Border Institute hosted a seminar on the comparative analysis of penal justice in three Mexican border states. Experts on penal justice discussed the following topics:
• A diagnostic of crime along the border;
• A general appraisal of penal law in Mexico;
• The Coauhuila case and the outcomes of the penal reform implemented in 2000;
• The Chihuahua case and the characteristics of the recent proposal presented to the public by the three branches of government;
• The Baja California case and the difficulties to propose and pass a comprehensive penal justice reform.
This event was held in Spanish with simultaneous translation available.
