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Editor: Kevin Cole
Univ. of San Diego School of Law

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Thursday, October 8, 2009

Featured Download: Wright on Mexican Drug Violence and Adversarial Experiments

Ronald F. Wright (Wake Forest University School of Law) has posted Mexican Drug Violence and Adversarial Experiments on SSRN.  I am especially interested in the question because my school is one of those receiving a USAID grant to assist in training Mexican attorneys and law professors for the new regime. Professor Wright's manuscript is an interesting exploration of an important question. Here is the abstract:Wrightrf  
Two remarkable developments mark this time in Mexican criminal justice as profoundly different. First, the country is suffering through wrenching violence connected with the drug trade. Second, Mexico has embarked on procedural changes both at the federal and state levels. Many characterize this procedural transformation as a shift from an inquisitorial to an adversarial model of criminal procedure. I suggest, however, that the reforms do not simply endorse the strengths of a particular adversarial fact-finding method. Rather, the codes create meaningful competition for the public prosecutors in Mexico during the investigation, trial, and punishment of alleged criminals.



This essay considers the connections between these two events, both in the past and the future. Did one development cause the other, or did they both flow from a single cause? First, I consider the “inevitability hypothesis.” According to this view, procedural reform would have happened with or without the drug violence, and the fact that they occurred at the same moment is simply a coincidence. I believe the stronger account, however, is the “violence-as-causation” hypothesis. According to this account, the extraordinary drug violence of 2007 made possible a sweeping set of procedural changes. The violence was necessary to motivate actors to embrace major institutional change.

 
KC
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