CRIMINAL JUSTICE & LEGAL REFORM
These reforms typically transition judicial systems towards
a more modern and efficient, adversarial and oral style --
away from the often laborious and paper-based trial procedures,
which those countries inherited from former colonial regimes.
Instead of panels of judges working to investigate every detail
of a case and presenting all arguments through paper affidavits
which could often take years, courts in Latin America and
the Caribbean began to hear oral arguments from attorneys
on both sides, with the judges acting more as impartial mediators
and lay judges deciding on the verdicts.
With these changes came greater efficiency. In Bolivia, for
example, the average time to complete a criminal case decreased
from four years before the reforms to only four months today.
Defendants in many courts today have legal assurances that
they will not languish in jail for years before going to trial.
In addition, most countries have abolished the practice of
pre-trial sentencing. USAID also works to reform police forces,
provide better training, and make them more accountable for
their actions.
There are a number of success stories for USAID in terms
of legislative reforms to promote the justice sector. In 1992,
Guatemala with USAID technical assistance was the first country
to enact a comprehensive reform to its criminal procedure
code, providing for the first time a right to an oral trial,
procedural due process guarantees, a right to confront witnesses,
a right to counsel, and other fundamental rights. Similar
codes have since been enacted across the region, including
Honduras, El Salvador, Peru, Ecuador, Colombia, Nicaragua,
Venezuela, Costa Rica, and Chile.
Similarly, since 1990, USAID’s regional anticorruption
program has worked on model legislation for financial management
systems. Due, in large part, to USAID technical assistance,
all countries in Latin America and the Caribbean, excluding
Cuba, today have some level of financial management system
in place for national accounts.
Successes perhaps can be seen best at the country level.
For example, in 2003, Mexico launched new Freedom of Information
legislation, modeled in part on U.S. legislation, with assistance
from USAID. USAID is currently working with the Commissioners
of the new Federal Institute on Access to Information to provide
technical assistance to support the implementation of the
law. The Commissioners recognize the milestone that the law
represents for Mexico's democracy and culture of transparent
government. Citizens are now able to submit petitions for
government information.
The lack of public confidence in Mexico’s criminal
justice system is a major constraint to the country’s
continued democratic transition and future economic growth.
At the Mexican Government's request, USAID has worked since
October, 2002 to help develop this justice reform package.
As the principal international donor and key advisor supporting
criminal justice reform, USAID has provided technical assistance
and advised in important areas, especially on the drafting
of the new criminal procedural code.
USAID assistance is a key element of the U.S. Embassy's law
enforcement program closely coordinated with other U.S. agencies’
efforts in Mexico. President Fox presented the comprehensive
legislative reform package on March 29, 2004, to transform
the Mexican criminal justice system. The proposal calls for
the transformation of criminal procedures from a written,
inquisitorial system to an oral, adversarial one. It also
calls for the restructuring of the police and prosecutors
offices. Public and political support is broad-based and,
unlike other recent reform proposals by the government of
Mexico (like those for energy and fiscal reforms), passage
looks likely for justice reform this year. With this reform,
Mexico is poised to construct a real and effective rule of
law.
Under USAID/Bolivia’s Administration of Justice (AOJ)
program, Bolivia now has an oral, adversarial criminal justice
system that is significantly more transparent, efficient,
and participatory. As of 2004, with three years experience
under the new Legal Code and with new USAID help, average
trial length has been reduced from seven years to 18 months;
the cost of trials has decreased from an average of $2,400
to $400; and citizen confidence in the integrity of criminal
processes has improved.
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