USD Magazine Summer 2008

AROUND THE PARK

[ w a t c h d o g ]

WANTED: JUSTICE Pro j e c t s eeks to so l ve i s sue o f j ud i c i a l r e fo rm i n Mex i co

V icente Fox’s elevation to president of Mexico in 2000 had all the makings of a Hollywood movie, complete with a happy ending for the candi- date’s National Action Party. Put- ting a halt to more than seven decades of rule by the Institutional Revolutionary Party was viewed as a major move forward for the country. While Fox’s victory may have looked like it wiped the slate clean, it didn’t erase Mexico’s past problems, particularly when it comes to reform. David Shirk, director of USD’s Trans-Border Institute, has done extensive research and reporting for the institute’s signature task, the Justice in Mexico Project.“We start- ed this project six years ago. The idea of seeing the reformpackage we see nowwasn’t unimaginable, but the climate was totally differ- ent,”Shirk says.“There weren’t a large number of Mexican scholars mobilized around this issue, actively promoting or advocating reform.” Fox’s six-year term ended in 2006. In 2004, he submitted an ambitious judicial reformplan for Mexico that included consolidating the nation’s police forces and giving officers more power to investigate criminal activities and holding pub- lic, oral trials. It didn’t pass. Mexico’s “public insecurity,” as Shirk termed it in a 2007Web log entry, “is significantly related to Mexico’s recent political transfor- mation ... In addition to concerns about providing economic stabili- ty and reducing levels of poverty by Ryan T. Blystone

and inequality, the Fox administra- tion was met by a growing public frustration and alarm about the proliferation of crime, corruption and violence.” Felipe Calderón succeeded Fox as president in late 2006 and once again, progress in judicial reform is gaining steam. In March, Mexico’s Senate voted 71-25 to approve a series of judicial reforms, including public, oral trials and to guarantee defendants a presumption of inno- cence. The constitutional amend- ment still needs the approval of at least 17 of Mexico’s 31 states before it officially becomes law. Shirk optimistically calls it a “breakthrough.” If it becomes law, it will be an overdue reward for Shirk and his staff at the Justice in Mexico Project. Shirk took owner- ship of the project in September 2005 fromWayne Cornelius, a political science professor at the University of California, San Diego, and director of the Center for Comparative Immigration Studies. “Wayne askedme tomake con- tact with scholars who were work- ing on justice issues in Mexico,” recalls Shirk.“We pulled together groups already doing research. Many were dealing with their issues, but they weren’t talking to each other. Criminologists weren’t talking to public security officials. Sociologists studying prisons weren’t connected to people deal- ing with judicial reform.” The project focuses on the rule of law through three components: regulation of individual behavior

within society under the law; accountability of the state and its representatives under the law; and access to justice through the law. The project’s staff is making big strides.“It’s been very encouraging,” says project coordinator Robert Donnelly.“We’ve had a good turnout for our events in Mexico. We bring together researchers, aca- demics, students and judicial actors — lawyers and judges— to discuss and debate criminal justice reform and its effective implementation at the state level in Mexico.” Funded by theWilliam and Flora Hewlett Foundation and the Tinker Foundation, the Justice in Mexico Project boosts the university’s pro- file.“It has brought in capacity and resources to USD and helped con- vene people and bring people into

the discussion,”Shirk says.“We have the best law program in San Diego and, by working in Mexico on rule of law issues, we’re establishing connections with institutions, stu- dents and practitioners that pro- mote the reputation and prestige of (USD) in Mexico.” The School of Law co-sponsors TBI’s law-focused events and pro- vides continuing legal education credits for members of the bar who attend. Mexican Legal Span- ish is new to its Fall 2008 curricu- lum. Administrators will go to Mexico City to discuss potential partnerships with leading law schools, says School of Law Dean Kevin Cole. Conferences associated with the project have been held at USD and in several Mexican states. The most

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