New perspectives on crime,violence and insecurity in Latin America

This article introduces a Crime, Law & Social Change special issue on rethinking organised crime, collective violence and insecurity in contemporary Latin America. The five contributions, which among them cover the cases of Argentina, Brazil, Colombia, Guatemala and Mexico, address the puzzle of why and how in the midst of the world’s most serious crime and violence crisis ‘stability’ and ‘political order’ are nonetheless maintained. Taking a critical distance to conventional scholarship on these problems, the present collection of papers shifts the focus from one on how democratic regimes and formal institutions of the state are affected to a broader one that puts the spotlight on the ‘real politics’ and ‘real governance’ of crime and violence in the region. Cultural aspects of the ‘collapse of legality’, the holding power of informal institutions and the workings of ‘crimilegal orders’ and ‘criminalized electoral politics’ are explored through variegated conceptual and methodological approaches drawn from political science, criminology, sociology, social psychology, cultural studies and investigative journalism.     

First Amendment influence in argentine republic law and jurisprudence

The First Amendment to the United States Constitution has influenced the development of freedom of expression in a number of countries, including the Argentine Republic. This article focuses on law as it came to affect mass media beginning with assumptions from the 16th century, when Argentina was under Spanish domination, and continues through the 1853–60 constitutional conventions that marked the initiation of First Amendment influence in Argentine law and jurisprudence. The article explains how the de facto governments that ruled Argentina from 1862 to 1983 gave direction to law and court decisions affecting the mass media, including film censorship, press penal responsibility, prior restraint, state of siege and the right to reply. The article concludes by analyzing how these laws and court decisions have influenced media and Argentine society, especially in fostering self‐censorship.     

The challenges to Mexico in times of political change

Mexico is making the transitionfrom an authoritarian to a democraticsociety. It has significant criminaljustice and public security challenges inthis new era of its political history. Mexico's law enforcement institutions stilllack accountability and the trust of thepeople. Although President Vicente Fox hasdeclared that he will improve publicsecurity and reform law enforcement, he hadfailed to produce significant results thusfar. In order for Fox to achieve thesegoals, he must implement institutionalaccountability and transparency, improveintelligence collection capabilities tocombat organized crime and drugtrafficking, and develop a more broad basedeconomy that will benefit all of Mexico.     

Citizenship Status and Arrest Patterns for Violent and Narcotic-Related Offenses in Federal Judicial Districts along the U.S./Mexico Border

Media reports routinely reference the drug-related violence in Mexico, linking crime in communities along the Southwest U.S. Border to illegal immigrants. The primary purpose of the current research is to examine whether the media assertions can be supported. Logistic regression models were run to determine the impact of citizenship on the likelihood of disproportionate arrest for federal drug and violent crimes, along the U.S./Mexico border. In arrests for homicide, assault, robbery, and weapons offenses, U.S. citizens were disproportionately more likely than non-citizens to be arrested. The only federal crime where non-citizens were disproportionately more likely to be arrested than were U.S. citizens was for marijuana offenses. Results of the current study challenge the myth of the criminal immigrant.     

Legal Culture and State Building: Liberal Constitutionalism and <Emphasis Type="Italic">Droit Administratif</Emphasis> in early Twentieth Century Argentina

This paper deals with the ways in which jurists and law professors applied transnational systems of public law, in particular US constitutionalism and French droit administratif, in their approaches to the state building process in late nineteenth century Argentina. In covering these movements of adaptation of a nascent legal culture to changing ideological and political circumstances, this article attempts to illuminate the strong links between the process of institutionalization of certain academic disciplines or forms of social knowledge, and modern state building in Latin America.     

The Making and Unmaking of Feminicidio/Femicidio Laws in Mexico and Nicaragua

This article examines the contested process of law‐making related to the killing of women which resulted in the criminalization of feminicide (feminicidio) and femicide (femicidio) in Mexico and Nicaragua, two countries in which feminists engaged in legal activism to increase state accountability for gendered violence. Through comparative analysis, we demonstrate the importance of (1) the interaction between shifting local political conditions and supranational opportunities and (2) the position of feminist actors vis‐à‐vis the state and its gender regime in shaping regional variation in the making of laws concerning gendered violence. In Mexico, the criminalization of feminicidio resulted from a successful naming and shaming campaign by local feminist actors linked to litigation in various supranational arenas, and the intervention of feminist federal legislators. In Nicaragua, the codification of femicidio resulted from the state's selective responsiveness to feminist demands in a moment of narrow political opportunity within an otherwise highly consolidated regime. We also examine the unmaking of these laws through their perversion in practice (Mexico) and their intentional undermining (Nicaragua) at the hands of the state. Our analysis demonstrates how states' decisions to enact legislation against gendered violence does not occur solely because they are invested in international legitimacy, but also in response to states' shifting acceptance of the legitimacy of supranational authority itself.     

Elections as Focusing Events: Explaining Attitudes Toward the Police and the Government in Comparative Perspective

Traditional views hold that citizens' attitudes toward the police are driven by local concerns. We contend that public attitudes toward the police are responsive to systematic and periodic national-level political factors. In particular, we show that national elections as a focusing event alter periodically the determinants of attitudes toward the police. Using a logistic regression model and diachronic data from Costa Rica, Mexico, and the United States, we find that attitudes toward the police and the national government are linked, and this linkage is responsive to the influence of national election campaigns in varying degrees. In addition, we find that attitudes toward the Mexican police are sensitive to partisan changes in the composition of the national political government. We find no such sensitivity in the police attitudes of Costa Rican and U.S. citizens. This suggests that police attitudes are not only affected by the performance of the national political government but also by the character (consolidated versus unconsolidated) of the national political government. In short, police attitudes in new democracies are an indication of the unconsolidated nature of the state apparatus.     

Dialogue with Dictators: Judicial Resistance in Argentina and Brazil

Throughout the world, judges are often asked to implement the repressive measures of authoritarian rulers. Which conception of legal interpretation and judicial role, if any, make judges more likely to resist such pressures? That question, central to Anglo-American jurisprudence since the Hart-Fuller debate, is addressed by examining recent military rule in Argentina and Brazil. In Argentina, judges were sympathetic to military rule and so criticized its “excesses” in the jurisprudential terms favored by the juntas: positivism and legal realism. Brazilian judges, by contrast, were largely unsympathetic to military rule, and so couched their criticism in terms of natural law, in order to raise larger questions and reach a broader public. Empirical study of the cases and conceptual analysis of existing theories both reveal that no view of legal interpretation inherently disposes its adherents to either accept or repudiate repressive law. Contingent political circtrmstances—the rulers’favored form of legal rhetoric, and the degree to which judges accept the need for a period of extra-constitutional rule—determine which legal theory fosters most resistance. But since most authoritarian rulers nominally affirm their constitutional predecessors’positive law and are often unwilling to codify publicly their most repressive policies, strict literalism usually offers the most congenial idiom for judicial resistance to such regimes.     

司法的政治力学——民众、媒体、为政者、当事人与司法官的关系分析

本文着重考察"公案"这类特定案件的司法过程,从中观察和分析中国司法的政治力学现象。文章分析了民众、媒体、为政者和司法官四个主体及其相互间的角力关系,分析了民意对司法的影响,分析了司法与媒体的关系。认为司法与民意、媒体的角力,不能仅仅基于司法独立原则,而应当强调被告公平受审权。总之,司法的政治力学现象是不可避免的,但是司法的政治角力应当加以规制;通过制度设计,有的关系可以回归到权利与义务的关系,不仅会有更好的法律效果,还会有更好的社会效果。     

Production Assets,News Opportunities,and Publicity for Legislators: A Study of Israeli Knesset Members

This study proposes a number of theoretical and methodological innovations in an attempt to better understand how legislators compete for media coverage. We make a distinction between those variables that determine the potential newsworthiness of a legislature (production assets) and those that are related to the political and media environment in which the legislators operate (news opportunities). We then put forth five hypotheses and test them by examining the political standing, charismatic communication skills, and radio exposure of 54 members of the Israeli Knesset. The results confirm that political standing and charismatic communication skills are important predictors of media exposure and that the relative importance of these factors changes during different political seasons.     

Legitimación en las acciones colectivas

This paper analyses the standing in collective actions to enforce undefined and collective interests as well as homogeneous individual interests, according to the Brazilian legal doctrine and legislation. He treats the types of class actions, the standing to bring a suit and the adequate representation in the Latin American countries that have developed these matters: Argentina, Brazil, Chile, Colombia, Mexico and Uruguay. Of Argentinean Law, the author examines the collective amparo contained in article 43 of the National Constitutional, and the environmental and consumer’s procedures. Of Brazilian Law, the author studies the actions to enforce undefined and collective interests and homogeneous individual interests, contained in the 1990 Consumer’s Defense Code. The Brazilian Law guidelines have influenced the Model Code of Collective Procedures for Iberoamerica and the Chilean and Mexican Laws. In Colombia the collective interests are enforced by popular actions, and the equivalent to the homogeneous individual interests are defended through group actions.     

Campaigning to eradicate court delay: power shifts and new governance in criminal justice in Argentina

Since the transition to democracy court delay has been a powerful signifier of the problem of the criminal justice in Argentina. This has been the case particularly in the Province of Buenos Aires where court delay was constantly projected by the Provincial Government’s narrative as evidence of injustice and/or inefficiency in the system. It has been the focus of sustained political attacks upon judges, defence lawyers and public prosecutors by members of the national and provincial parliaments of Argentina. These narratives of court delay have enabled a number of reforms of the criminal justice system which have reshaped organisational practices to the extent of constituting a new and different strategy of producing justice. This article identifies, describes and makes sense of those discourses and practices, and the strategies and tactics behind them by analysing the governmental narrative and the judicial and organisational reforms.     

INVESTIGATING THE NORMATIVE ASPECTS OF PUBLIC POLICY

This article challenges the idea that political philosophy must be of peripheral concern in the study of public policy through an exploration of the concept of harm and the debate over aggressive police patrol. This exploration begins with a brief discussion of the ways the concept of harm figures in the justification and administration of police work. It proceeds through an exposition of differing ways the concept of harm can be defined, the normative overtones of these varying definitions, and some of their policy ramifications with regard to police work. Finally, the way conceptual variation figures in policy debate is explored in the context of the debate over aggressive police patrol—the policy of maximizing the surveillance and criminal interception aspects of police activity as a patrol strategy.     

IMMIGRATION POLICY,BORDER SECURITY,AND MIGRANT DEATHS: AN IMPACT EVALUATION OF LIFE‐SAVING EFFORTS UNDER THE BORDER SAFETY INITIATIVE*

Subsequent to U.S. Border Patrol (USBP) efforts to control illegal immigration throughout the 1990s, concern arose over an apparent increase in deaths of illegal migrants as they began to undertake more treacherous routes to enter the United States from Mexico. In response, the Border Safety Initiative (BSI) was created to increase safety along the southwest border. Using multiple data sources, including the USBP BSI Incident Tracking System, this study evaluated the impact of life‐saving efforts performed under the BSI program. Results indicate that there has been no overall reduction in the rate of migrant deaths since BSI has been in operation. However, an evaluation of BORSTAR search and rescue teams and the 2003 Lateral Repatriation Program (LRP), which returned apprehended migrants from Tucson sector to less hazardous places along the border, were found to be effective in preventing migrant deaths. Policy Implications: Critics of U.S. immigration policy claim that the only way reductions in migrant deaths along the U.S.‐Mexico border can be achieved is through liberalization of immigration policy and relaxing of border security. Yet, for more than a decade, U.S. policy makers have increased restrictions on immigration and have tightened security at the borders. Considering this, alternative means must be deployed in order to save migrant lives in the near term rather than waiting for a reversal of immigration policy. This study suggests that proactive life‐saving measures implemented through a harm‐reduction strategy can have some impact on saving migrant lives.     

Las restricciones a la libertad de reunión en relación con las elecciones en españa y méxico

This article compares and contrasts the laws that restrict freedom of assembly in Mexico and Spain during elections and electoral campaigns. It analyzes the key decisions and precedents of the Constitutional Court of Spain, the Supreme Court of Justice of Mexico and the Electoral Tribunal of Mexico. It also examines the decisions of the European Court of Human Rights with regard to the freedom of assembly, noting that this Court typically defends citizens freedom of assembly in political contexts although it tends to favor States in contexts of extreme violence such as terrorism. The present article argues that electoral authorities are mistaken if they prohibit meetings out of the mere suspicion that during the event, public support may be expressed for or against a candidate. Electoral authorities should enforce the principle of “favor libertatis” when deciding on limitations on freedom of assembly in electoral contexts.     

Lawmaking and News Making: Different Worlds after all? A Study on News Coverage of Legislative Processes in the Netherlands

Over the last decades the importance of the media for understanding the functioning of democracy in the contemporary world has become evident. Yet despite the developing body of knowledge on political communication and newsworthiness there is little research about why and how the media cover legislative processes in a European context. Therefore this study analyses media coverage of lawmaking in the Netherlands and investigates which characteristics of legislation influence the amount of news coverage. It shows that only one out of five laws is covered at all and that no more than one out of 10 laws receives substantial media attention. This leads to the question why some laws get extensive news attention, whereas most laws are completely ignored. Press coverage for the legislative process turns out to be both selective and predictable. Traditional news values such as political conflict and significance are good predictors of media coverage for lawmaking. In addition, laws are largely ignored when they are part of the budgetary cycle.     

Promoting and safeguarding media pluralism in Botswana: an assessment of legal risks

Democracy is said to thrive on media pluralism. A pluralistic media promotes free debate of diverse political views and opinions in a democratic political system. While media pluralism is an indispensable element of a democratic society, measuring it is a contentious issue. Different methods can be used to measure media pluralism depending on the focus and objectives of the study. One approach is not to measure media pluralism but focus on monitoring it so that appropriate remedial action can be taken where media pluralism is under threat. This risk-based approach detects risks to media pluralism and shows the underlying causes so that policy-makers may take informed decisions when setting priority areas and shaping policies. This paper adopts a risk-based approach to monitoring media pluralism in Botswana and focuses on legal risks.     

The Regulation of Media Markets in selected EU Accession States in Central and Eastern Europe

Abstract:   This article examines the phenomenon of policy transfer in the EU accession countries of the Czech Republic, Hungary, Poland and Slovenia. When formulating media laws in the early 1990s, these countries were presented with models put forth by advisors from the US and EU Member States. Advisors proposed models based upon their own domestic policy and/or organisation agendas. A resulting 'battle of the models' can be observed with different experts and actors lobbying for the adoption of contrasting regulatory models. Underlying this were often political, economic and trade interests. In particular, 'Western' governments were interested in guaranteeing the opening of new markets, and the stability of these new media markets for Western capital investment, as well as wider political concerns of consolidating democracy in Europe. Interest groups and NGOs wished to transfer their ideas to Eastern Europe often in advocacy of their own agendas in an enlarged Europe.     

Media-political skills,Candidate selection methods and electoral success

The analyses concentrate on the influences of the media and political skills of political actors on their electoral success. Many believe that demonstrating media skills is crucial for electoral success because it helps political actors to persuade media consumers to vote for them; but in some candidate selection methods, such as when a single leader selects the candidates, the media might not be an important factor. Therefore, the analyses take into account the interaction of media-political skills of political actors with candidate selection methods. This raises the question whether the democratisation of selection methods, now occurring in many countries, is making media-political skills more important. Multiple regression analyses show that media-political skills have a strong impact on the electoral success of 81 Israeli Members of the Knesset. They reveal a clear interaction with selection methods, and show that media-political skills have a greater impact in the more democratic methods of selection. The level of incumbents' parliamentary activity was found to have no impact at all on their electoral success in all candidate selection methods.     

第三代政治传播及其对政治的影响

以新媒介的崛起为标志,第三代政治传播成为影响政治生活的重要力量。它颠覆了传统的权力关系,使政治生活变得更加复杂。认识和把握第三代政治传播及其基本特征,分析第三代政治传播对现代政治的影响,有利于更好地运作政治权力,促进政治发展,维护社会稳定。第三代政治传播的主要特征表现为：政治传播媒介立体化发展、政治传播深刻影响政治关系、政治传播职业化发展、政治活动营销化、政治传播互动性增强等。第三代政治传播深刻影响着政治的诸多方面,包括对政治体系的影响,对政治过程的影响,政治生活的娱乐化,使西方民主政治经历了一个螺旋式的循环过程等。