Crime and Punishment around the World, Volume 2: The Americas

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Volume 2 THE AMERICAS

Crime and Punishment around the World

© 2011 ABC-Clio. All Rights Reserved.

Crime and Punishment around the World THE AMERICAS

Volume 2

JANET P. STAMATEL AND HUNG-EN SUNG, VOLUME EDITORS GRAEME R. NEWMAN, GENERAL EDITOR

© 2011 ABC-Clio. All Rights Reserved.

Copyright 2010 by Janet P. Stamatel and Hung-En Sung, Volume Editors Graeme R. Newman, General Editor All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publisher. Library of Congress Cataloging-in-Publication Data Crime and punishment around the world. p. cm. Includes bibliographical references and index. ISBN 978-0-313-35133-4 (set : alk. paper) — ISBN 978-0-313-35134-1 (set ebook) — ISBN 978-0-313-35135-8 (vol. 1 : alk. paper) — ISBN 978-0-313-35136-5 (vol. 1 ebook) — ISBN 978-0-313-35137-2 (vol. 2 : alk. paper) — ISBN 978-0-313-35138-9 (vol. 2 ebook) — ISBN 978-0-313-35139-6 (vol. 3 : alk. paper) — ISBN 978-0-313-35140-2 (vol. 3 ebook) — ISBN 978-0-313-35141-9 (vol. 4 : alk. paper) — ISBN 978-0-313-35142-6 (vol. 4 ebook) 1. Crime. 2. Punishment. 3. Criminal justice, Administration of. HV6025.C7115 2010 364—dc22 2010021159 ISBN (set): 978-0-313-35133-4 EISBN (set): 978-0-313-35134-1 14

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This book is also available on the World Wide Web as an eBook. Visit www.abc-clio.com for details. ABC-CLIO, LLC 130 Cremona Drive, P.O. Box 1911 Santa Barbara, California 93116-1911 This book is printed on acid-free paper Manufactured in the United States of America © 2011 ABC-Clio. All Rights Reserved.

This volume set is dedicated to the memory of Ali Sabeeh of Omara, Iraq, who, while preparing the entry on Iraq, was kidnapped, tortured, and killed in October 2007 To Amma and Nannagaru

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Editorial Advisory Board

Adam Bouloukos, Director of Outreach and Partnerships, UNOPS, Copenhagen, Denmark Ronald V. Clarke, University Professor, Rutgers University Adam Graycar, Professor, Australian National University Martin Killias, Professor, University of Zurich Jeremy Travis, President, John Jay College of Criminal Justice

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Contents

Acknowledgments, xi

Bolivia, 53

General Introduction by Graeme R. Newman, xiii

Brazil, 62

Maps, xxiv

British Virgin Islands, 69

Map 1. Murder around the World, xxiv

Canada, 73

Map 2. Imprisonment around the World, xxv

Cayman Islands, 81

Map 3. Death Penalty around the World, xxvi

Chile, 88

Map 4. Corporal Punishment around the World, xxvii

Colombia, 98 Costa Rica, 109

Volume 2 Introduction by Janet P. Stamatel and Hung-En Sung, xxix

Cuba, 117

Maps, xxxiv

Dominican Republic, 131

Dominica, 126

Country Key to the Americas Maps, xxxiv

Ecuador, 142

Map 5. Murder in the Americas, xxxv

El Salvador, 150

Map 6. Imprisonment in the Americas, xxxvi

Falkland Islands, 157

Map 7. Corporal Punishment in the Americas, xxxvii

Greenland, 159

Map 8. Death Penalty in the Americas, xxxviii

La Guadeloupe, 169

Grenada, 162 Guatemala, 176

VOLUME 2 The Americas, 1

Guyana, 187 Haiti, 194

Anguilla, 1

Honduras, 198

Antigua and Barbuda, 5

Jamaica, 205

Argentina, 9

Martinique, 216

Aruba, 18

Mexico, 221

The Bahamas, 22

Montserrat, 230

Barbados, 31

Navajo Nation, 238

Belize, 40

Netherlands Antilles, 247

Bermuda, 47

Nicaragua, 255 ix © 2011 ABC-Clio. All Rights Reserved.

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Panama, 263

Turks and Caicos Islands, 322

Paraguay, 270

United States of America, 328

Peru, 276

United States Virgin Islands, 339

Puerto Rico, 283

Uruguay, 347

Saint Kitts and Nevis, 290

Venezuela, 353

Saint Lucia, 297 Saint Vincent and the Grenadines, 300

General Bibliography, 367

Suriname, 307

About the Editors and Contributors, 375

Trinidad and Tobago, 313

Index, I-1

© 2011 ABC-Clio. All Rights Reserved.

Acknowledgments

The contribution made by the volume editors to this project has been inestimable. A project of this magnitude could not have been achieved without their unceasing efforts to ﬁnd contributors for large and small countries alike, to manage their contributors’ contributions, and to edit them into the style and format required by a publication of this type. They helped overcome a number of crises we met along the way. For this and for their always being on the receiving end of my constant e-mails, I express my sincere appreciation. I thank especially Janet Stamatel for producing the world and regional maps from my sometimes less than adequate databases. Many authors have contributed to these volumes. Without them, of course, this project would not have been possible. The volume editors and I express our great admiration to our contributors and appreciation for their tolerance of our editorial demands, which oftentimes must have seemed unreasonable. We apologize if your chapter ended up a little shorter than you had wanted. We bear full responsibility for any misconceptions that may have occurred as a result of our at-times heavy editorial hand. Finally, we thank the Editorial Advisory Board members for being there when we needed them. —Graeme R. Newman Albany, NY December 31, 2009

xi © 2011 ABC-Clio. All Rights Reserved.

General Introduction

We humans are fascinated by the diversity of cultures, climates, landscapes, and peoples. It is part of our deep human heritage that we have never been able to stay at home. Since the beginning of human time, our haplogroups have migrated far and wide, stumbling on new fauna and evolving with them, adapting to cold, hot, wet, and dry seasons and climates. Along the way, we have constructed societies and civilizations that have come and gone, none reaching perfection; each having tried its own solutions to the problem of order; each constructing rules, laws, customs, and ways of dealing with those who, for whatever reason, have broken with the sacred commandments of order. Somewhere along the way, no matter what the civilization or society, the idea of justice emerged, perhaps independently of the need for order and, indeed, every now and again in opposition to order. But whatever order’s relationship to justice, one thing is certain: order is necessary for societies to survive. And embedded in this necessity is the inevitability that individuals will break laws, rules, and customs and will, as a matter of logic (and justice), be punished for it. So law (so-called if it is written) and custom (embodying law and rules that may not be written but that are “practiced” and conveyed orally) is universal in all known societies. They are part of the “civilizing” process, which seeks to hold in check the tendency of humans to devour each other. It is true that great thinkers, philosophers, and even scientists have insisted—in the face of the overwhelming evidence of history that stands against them—that humans, if only given a chance, can or could work together for their common good without being coerced to do so. But we know of no society anywhere in which this utopian (if it is utopian) conception of human nature has produced a society without laws or customs and their concomitant punishments. And surely humans have had plenty of chances to construct such utopian societies. Yet each time they try, order takes over, because we know that individuals only grudgingly curb their own desires. They do not like the imposition of order, but they know that they cannot survive without it and its accoutrements. Or at least, we may say that life is much more comfortable if one gives into almost any kind of order. This observation probably applies even to the worst of tyrannical orders, for it is easier to remain in submission than it is to rise up and overthrow a very powerful authority. The 18th-century enlightenment thinkers upon whose ideas much of the world’s criminal justice systems are based (whether civil or common) were clearly of the opinion that punishment was a necessary evil, a price paid for the xiii © 2011 ABC-Clio. All Rights Reserved.

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comfort of living in an ordered society. Its universality certainly attests to the truth of this assertion. It should come as no surprise, therefore, that getting reliable information about such a touchy subject—essentially how a society, nation, or culture maintains order in the face of a populace that may secretly or even openly resent its imposition—is very difficult. Nations can be very secretive about their crime rates and their punishments, not to mention their procedures for ﬁnding guilt and their manner of interrogating suspects. Various organizations have set themselves up to monitor the most egregious violations of individuals in the name of order, such as Human Rights Watch and Amnesty International, but there is a far larger part of the maintenance of order and the processing of lawbreakers by nations and regional governments that also needs constant scrutiny. Violations of human rights in the name of order may easily be hidden inside the bureaucratic inertia and practices of even the most “enlightened” societies. To admit to having a very high rate of murder or incarceration—perhaps one of the highest—of its citizens is not something of which a nation can be especially proud. Such statistics say something about that nation, though what that something is, unfortunately, can be easily misinterpreted. For example, some countries may be criticized for having very high imprisonment rates, but their retort may be that this is because they have very high crime rates, to which it may be asked, but why do you have such high crime rates? The reply may be, “Because we have strict laws that are strictly enforced, which is for the good of our citizens, who are kept safer than those in other countries whose administration of criminal justice is too lax.” Provided here is just a taste of the controversies and disagreements concerning the differing levels of crime and punishment in diverse countries, as well as the puzzling relationship or lack thereof between prison rates and crime rates. The riddle can be stated thus: more punishment should reduce crime, but more crime requires more punishment. One would think that the costs in public relations to a nation would be far too high to allow for the publication of crime and punishment statistics. So it is an amazing achievement that the United Nations World Crime Surveys, whose mission is to collect the official statistics on crime and justice from member nations, have shown steady and signiﬁcant increases in the number of countries submitting their statistics since they were ﬁrst collected in the 1970s. From a handful of countries in the beginning, the number providing crime and punishment statistics had grown to about 50 as of 2005. That is the positive spin. In fact, this is only 50 out of 190 member UN nations, and there are signs of decreasing reporting by countries in recent years, according to Jan Van Dijk, author of The World of Crime and former UN expert on international crime and justice. Although it is true that nations are reticent to make public their crime and punishment statistics for reasons of public image, there are many technical difﬁculties in making comparisons of officially collected crime and justice statistics across countries. Many of these difficulties are serious, and the reader is warned to use considerable caution in making such comparisons across countries. These technical difficulties include the following:

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General Introduction

• Different legal deﬁnitions of offenses make it difficult to compare speciﬁc offenses across nations. • Different reporting and recording practices of the police who generally have ﬁrst official contact with a crime make comparing statistics from one country to another unreliable without knowledge of these practices. • Different legal systems may affect the ﬁnding of guilt, recording and classiﬁcation of offenses, and recording of arrests and convictions. • Inconsistent classiﬁcations of crime records and frequent changes over time make it difficult to compare trends in crime or punishment. • Different bureaucracies and government departments within each nation that collate and publish crime and punishment statistics may produce different statistics. For example, city- or state-level collection of crime rates or prison rates may differ from collection at the federal level, as in the United States. • Inadequate infrastructure for collecting and processing crime and justice reports, including information technology, may hinder the amount or accuracy of criminal justice data. • Lack of professionally trained crime analysts and statisticians may limit the reliability and depth of statistical data available. • Local events or conditions may inﬂate crime and punishment statistics, such as genocidal events that may or may not be recorded as murders. • Changing government policies about making crime and justice statistics public may affect trends and the amount and type of data made available. There have been instances where countries have revealed crime and justice statistics to the United Nations, but not to their own citizens. The reverse is also true. There was a time, for example, when the Soviet Union routinely collected crime statistics for its internal use but officially denied to the United Nations that there was any crime at all in the Soviet Union, because there could be no crime in a true communist society. • In large populous countries, there may be vast differences within those countries. For example, the levels of crime and punishment vary enormously throughout the United States; some states still retain the death penalty, and many do not. There may also be huge differences in amounts and kinds of crime between urban and rural regions. There may even be different legal systems operating within the same country, such as, for example, Quebec in Canada or the several customary, Islamic, and civil law systems operating in Timor-Leste. If one must make comparisons—and most people are unable to resist it—the best way to overcome these pitfalls is to make sure that one knows as much as possible about the historical and social context within which the statistics are collected. Crime and Punishment around the World provides just that context. This encyclopedia describes in detail the crime and punishment practices of each country and, in some instances, speciﬁc regions. The four volumes offer a glimpse of the ways in which all the nations around the world try to solve the basic problem

© 2011 ABC-Clio. All Rights Reserved.

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they all face: what to do with those who break the law? They have all enacted either customary or written criminal laws. They have all inherited their criminal laws from their ancestors near and far, not infrequently from other nations that either usurped them or overtook them through migration. They have all developed procedures for the ﬁnding of guilt of the accused, and all, of course, follow up the ﬁnding of guilt with legislated or customary punishments. These are all essentially the product of their legal systems.

World Legal Systems For more than 1,000 years, the Roman Empire encompassed just about all the region around the Mediterranean and stretched as far north as Great Britain. Law was probably its major weapon against the peoples it subdued, bringing with it order and a stable means of commerce. Its concepts would form much of the basis of canon law and eventually much of the civil law of Europe. Furthermore, much of the Islamic and customary law of the countries surrounding the south and east of the Mediterranean was deeply affected by Roman law because those peoples were also subjects of the Roman Empire at various times for over 1,000 years. Those countries of Europe that retained more of the Roman law and its procedures would later come to be known as “civil law” countries. Those European countries that managed to put aside Roman law came to be known as “common law” countries. And those of North Africa and the Far East retained Islamic and customary law systems. Civil law systems account for over 50 percent of the world’s legal systems, although many such systems are mixed with other legal systems because of local and historical circumstance. In fact, as a result of constant reforms, it is likely that there are no purely civil law systems left in the world. Most countries have incorporated various aspects of the adversarial system. The main characteristics of civil law systems are the following: 1. Systematically written legal codes are the prime source of authority in legal decisions and procedures. 2. Their procedures are often (though not entirely) based on what is sometimes called the “inquisitorial system”—reaching back to the days of the Roman Catholic Inquisition—in which the process of ﬁnding of guilt is conducted by a judge or magistrate who both investigates and conducts the ﬁnal trial. These trials are usually, though not always, conducted before a magistrate or panel of magistrates. Probably the prime examples of European civil law systems are those of France and Germany and, to some extent, Italy, which has recently incorporated aspects of the adversarial system. Common law systems account for another 20 percent of the world’s legal systems. These are commonly referred to as “adversarial systems” because the ﬁnding of guilt is not conducted by the magistrate who decides and investigates the case as in civil law; rather, a prosecutor (or sometimes an investigating police officer) investigates the case and prepares the case for a trial by judge and jury © 2011 ABC-Clio. All Rights Reserved.

General Introduction

(although juries are not always required). The two signiﬁcant features of common law systems are the following: 1. Cases are decided based on precedent, which views previous cases and decisions as a cumulative wisdom and authority. 2. Cases are a courtroom drama in which the prosecutor is pitted against the defense. It should be noted, however, that in modern legal systems of common law, there are legal codes that systematize the law, and these may or may not be based on the codiﬁcation of past legal practice. In the United States, for example, every state, in addition to the federal system, has its own written code. Cases are decided, however, based not only on how well the offender’s acts match the written code but also on the cases that came before it—that is, precedent. One sees this tradition played out in the U.S. Supreme Court, which arduously scrutinizes past decisions to conclude whether a particular case was decided correctly or not, in accordance with the supreme law of the land, the U.S. Constitution. The popular view that contrasts these two legal traditions is that civil law is focused more on ﬁnding a probably guilty person guilty, whereas common law is focused more on defending a possibly innocent person from a guilty verdict. Both systems do, however, adhere to the presumption of innocence of the accused until proven guilty. The most typical examples of common law systems are those of the United Kingdom, the United States, and Australia. Islamic legal systems account for about 10 percent of the world’s legal systems, although there are probably no purely Islamic systems anywhere in the world. This is because of the early Roman inﬂuence on all countries surrounding the Mediterranean and because of the imperialism of the West during the 16th through 20th centuries. In its pure form, the Islamic system of law follows the exact law of God, as interpreted by experts (Mullahs), deriving from the Koran, the Bible, and other sacred texts. Islamic law is often called sharia—the path to follow. Perhaps the most contrasting feature of Islamic law is that it is more a way to live one’s life than a set of prohibitions laid down by a state authority as in Roman law and its progenitors. Thus, not only does it include prohibitions, some of which are set out in the Ten Commandments, but it also includes exhortations to lead a good life (e.g., love thy neighbor). No such positive exhortations are found in other Western legal traditions, whose deﬁning principle is prohibition. The procedural rules of Islamic law are those of human reasoning and consensus. One of the problems that faces legal theorists in Islamic law is that there are many offenses that are not speciﬁcally covered in any of the sacred texts. For example, sodomy is not mentioned in the Koran or Sunna (another sacred text), but adultery is. So the judge may reason that the two offenses are similar and the punishments prescribed for one may apply to the other. In practice, however, many cases are decided also on custom and precedent, given that in many Islamic countries, tribal customs concerning redress of wrongs (e.g., feuding and vengeance) have developed alongside Islamic and other kinds of law. The majority of countries with Islamic legal systems therefore also have customary law as a major component, especially in dealing with day-to-day infractions. Finally, most Islamic law © 2011 ABC-Clio. All Rights Reserved.

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countries also have a considerable dose of civil law, especially in the ﬁeld of commerce, though it has been necessary even there for such countries to develop ways to get around the Islamic prohibition of usury, deﬁned rather broadly. Customary law is the law that has arisen through oral tradition among tribes and cultures where law is not written down but rather communicated across generations by tribal elders. Village or regional chieftains are usually, though not always, the main repositories of such legal wisdom, and the ﬁnding of guilt usually occurs within an informal meeting of interested parties. In many countries of Africa and southern Asia, these kinds of local meetings occur and settlements are reached based on the hearing of all sides of the complaints. Depending on the culture, shamans or others thought to hold special powers may be brought in as expert witnesses and sometimes as judges. However, the most important attribute of customary law is its speciﬁcity to the local region or village. These traditions can be very deep and resistant to change or imposition from outside inﬂuences. Perhaps a prime example in the 21st century is that of the tribal villages in the mountains of Pakistan and parts of Afghanistan that have deﬁed state authority for hundreds of years. Instead, these tribal areas have their own chiefs and their own informal ways of settling infractions and disputes. Socialist legal systems are those that have arisen on top of civil law systems, for the most part. Certainly this was the case in the Soviet Union and continues to be the case in Cuba and other communist countries, although China is perhaps an exception. Yet even there, the customary legal system was usurped by Western powers in the 19th century and abolished by the revolution of 1949. However, the emergence in the 1980s of China as an industrial and trading nation required that it develop a legal system that would make commerce possible and more efﬁcient. The result has been that its legal system is based essentially on civil law, with criminal law that codiﬁes edicts of the State and procedures that are largely reﬂective of the inquisitorial system. Finally, although there are probably no countries that are purely of one or the other legal system, there are quite a number of countries whose legal systems are mixtures of some or all of the preceding. Many African and some South Asian countries are mixtures of customary, civil, common, and Islamic law. Such countries would include, for example, India, Afghanistan, and maybe Egypt.

How Does Your Country Measure Up? Although for the reasons recounted earlier, comparing the crime and punishment of countries to each other is a very difficult procedure, it is nevertheless important to get a rough idea of how one country compares to the rest of the world. It is probably one of the main reasons people refer to world encyclopedias of any kind, to get a sense of how one ﬁts in the universe. To provide a very rough glimpse of how a country’s crime and punishment compare to the rest of the world, we have provided a snapshot of some major indicators of crime and punishment for each country at the start of each country essay. We have chosen these indicators because they are readily available and offer a reasonably approximate way of ranking countries along a continuum. Of © 2011 ABC-Clio. All Rights Reserved.

General Introduction

the crime indicators, murder is chosen as probably the most reliable for making comparisons because its deﬁnition is roughly similar across nations, and in most cases, the statistics have been adjusted to ﬁt the UN standard deﬁnition of murder for countries reporting their murder rates. Nevertheless, many countries do not report their murder rates. Prison rates are also reasonably reliable for making comparisons, although they too involve great technical difficulties in measurement, considering that the counting of inmates may occur on different days of the year, and a simple accounting on a particular day does not give any indication of the ﬂow of prisoners in and out of the prison over a given period of time. The snapshot indicators provided for each country or region when available are as follow: • • • • •

Type of Legal System Murder—murders per 100,000 people Burglary—those victimized by burglaries per thousand people Corruption—levels of perceived corruption Human Trafficking—how much the country is doing to control human trafficking • Prison—number of prisoners per 100,000 population • Death Penalty—whether the country has the death penalty • Corporal Punishment—whether corporal punishment is available to the criminal justice system

Legal System The types of legal system were compiled from the United Nations Global Report on Crime and Justice, supplemented by information from individual country Web sites and from the University of Ottawa Civil Law Section Web site on World Legal Systems at http://www.droitcivil.uottawa.ca/world-legal-systems/eng-tab leau.php.

Murder These are officially reported statistics on murder supplied by countries to the United Nations World Crime Surveys, supplemented where necessary by individual country information plus homicide statistics from the World Health Organization. Most of the statistics were taken from the revised listing supplied by Jan Van Dijk in his book The World of Crime, in which he reported the average murder rates for 1998–2002, supplemented by more recent United Nations surveys. Additional data from INTERPOL and individual country sources, where available, sometimes for a slightly different period of years, were also included. However, such small differences should not matter because we know that murder rates are fairly stable over time. The countries are ranked from highest to lowest murder rate (murders per 100,000 people) and then divided into quartiles, with the middle two quartiles classiﬁed as “Medium” and the two outer quartiles labeled “High” and “Low.” The world distribution of murder rates can be seen in Map 1, Murder around the World. © 2011 ABC-Clio. All Rights Reserved.

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Burglary Obtaining reliable rates of property crime, the most common of which is usually referred to as theft, is especially difficult when relying on officially recorded statistics because deﬁnitions and enforcement practices vary enormously across nations. We have therefore included measures of victimization of individuals by burglary. These measures are derived from the International Crime Victim Surveys (ICVS), which are interviews or questionnaires asking samples of a population whether they have been victims of particular offenses over a particular number of years (usually the past year). In this case, the samples were households, and the survey was conducted in many countries, although limited only to urban populations. Therefore, they do not, of course, represent the country or region as a whole, though they do, perhaps in the case of burglary, represent most of the population of a given country that there are, generally, many more households in urban settings than in rural settings. These data are taken from Van Dijk’s World of Crime. Countries were ranked according to their burglary rates (number of victimizations reported per 1,000 people) using quartiles, divided into High, Medium, and Low, with Medium deﬁned by the two middle quartiles.

Corruption The ways in which crime and punishment are eventually perceived by the public and administered by the State are affected by the level of corruption in a particular country. We have therefore included a measure of corruption, a kind of crime that is neither a violent crime nor, strictly speaking, a property crime. Rather, it is a crime against justice itself. There is also the advantage that data on perceived corruption in countries are much more available, thanks to the source of our data, Transparency International at http://www.transparency.org/policy_re search/surveys_indices/cpi. This Corruption Perception Index (CPI) is based on the ranking of “180 countries by their perceived levels of corruption, as determined by expert assessments and opinion surveys” according to Transparency International. We have taken these rankings, added some additional countries in some cases where they were not included in the survey, and then divided them into Low, Medium, and High, using quartiles once again.

Human Trafficking This measure is taken from the U.S. Department of State three-tier listing of countries it classiﬁes as making a strong effort to control human trafficking, making some effort, or making very little effort. The classiﬁcations are taken from the U.S. Department of State Trafficking in Persons Report 2008, found at http://www.state.gov/g/tip/rls/tiprpt/2008/index.htm. The classiﬁcation scheme is derived from the U.S. Trafficking Victims Protection Act of 2000 (TVPA), which deﬁnes the minimum standards for the elimination of trafficking. It should be noted, however, that our ratings of “High” “Medium,” and “Low” in the rates of human trafficking are only very rough because they assume that countries that comply with the U.S. anti-trafficking standards of enforcement will therefore have low levels of human trafficking. This is not always true. The United States, © 2011 ABC-Clio. All Rights Reserved.

General Introduction

for example, is rated as low for human trafficking because it complies with the TVPA anti-trafficking act; however, we know that it is a major destination country for trafficked humans. The classiﬁcations are as follows: • Low Amount of Trafficking (Tier 1): Countries that fully comply with the U.S. Department of State standards for anti-trafficking enforcement. • Medium Amount of Trafficking (Tier 2): Countries that do not fully comply with the minimum standards but are making signiﬁcant efforts to bring themselves into compliance. • Medium Amount of Trafficking (Watch List): Countries on Tier 2 requiring special scrutiny because of a high or signiﬁcantly increasing number of victims, failure to provide evidence of increasing efforts to combat trafficking in persons, or an assessment as Medium based on commitments to take action over the next year. • High Amount of Trafficking (Tier 3): Countries that neither satisfy the minimum standards nor demonstrate a signiﬁcant effort to come into compliance. Countries in this tier are subject to potential non-humanitarian and non-trade sanctions.

Prison The prison rate assessments are derived from the International Center for Prison Studies, King’s College, London, and found at http://www.kcl.ac.uk/schools/law/ research/icps. The rates are of prisoners per 100,000 population, and countries are ranked from high to low and divided into High, Medium, and Low using the quartile method described previously. These were the most up-to-date and thorough statistics available as of 2008. The world distribution of prison rates is depicted in Map 2: Imprisonment around the World.

Death Penalty About 65 percent of countries have abolished the death penalty either by legislation or in practice. A few have essentially abolished it while retaining it for especially heinous crimes, although it may not have been used for many years. These countries are classiﬁed as “maybe” in our assessment of whether the death penalty is available to countries. Thus, the classiﬁcations for whether countries have the death penalty as an available punishment are “Yes,” “Maybe,” and “No.” The information has been taken from the Web site Info Please at http://www.in foplease.com/ipa/A0777460.html, which in turn has taken its statistics from Amnesty International. The world death penalty distribution may be seen in Map 3: Death Penalty around the World.

Corporal Punishment The assessments as to whether countries have available to them the use of corporal punishment, either as a sentence for a crime or for use within the prison system for disciplinary purposes, is based on information provided by the Web site http://www.endcorporalpunishment.org/pages/frame.html, which assesses © 2011 ABC-Clio. All Rights Reserved.

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mainly the legislative steps that countries have taken to prohibit the use of corporal punishment. The Web site covers the use of corporal punishment in homes and schools as well as in the criminal justice system. Its assessments of countries are based almost entirely on whether legislation has been passed prohibiting corporal punishment either as a sentence in criminal justice or as a means of discipline in prisons. The legal situation is often ambiguous because, as with the death penalty, many countries retain the possibility of corporal punishment’s use either as a sentence or in prisons but rarely or never resort to it. Thus, there is a category of “maybe” for those countries. Perhaps surprisingly, less than 20 percent of the world’s countries have prohibited by legislation the use of corporal punishment either as a sentence for a crime or for use in prison discipline. Like the death penalty, our classiﬁcation of the availability of corporal punishment is “Yes,” “No,” or “Maybe.” The world use of corporal punishment is presented in Map 4: Corporal Punishment around the World.

Regions of the Four Volumes The four volumes are broken up into the following regions: • • • •

Volume 1: Africa and the Middle East Volume 2: The Americas Volume 3: Asia and Paciﬁc Volume 4: Europe

There are any number of ways to classify countries into regions of the world. We have mostly relied on a geographical classiﬁcation based on the United Nations Statistics Division classiﬁcation system (http://unstats.un.org/unsd/geoinfo/ default.htm). But this method is far from satisfactory. Although geography (relatively speaking) remains the same, the borders of countries do not, mostly as a result of political conﬂict and other factors such as migration. Furthermore, the deﬁnition of what makes a country a country is also very difficult because there are many instances where “principalities” (e.g., San Marino) and “independent nations” (e.g., the Navajo Nation in the United States) exist inside larger nations or countries. The complex histories of colonialism and migration have resulted in particular countries containing a vast variety of peoples, cultures, and social arrangements, such that calling them a “country” or even “nation” gives a misleading impression of a cohesive national system governed by one set of laws. Bosnia and Herzogovina are perhaps a prime recent example of this difficulty. Given the shifting boundaries and deﬁnitions of countries and the social, cultural, and political diversity contained in them, allocating such countries to broad regions of the world is obviously even less precise. The ﬁnal allocation of countries that were hard to classify—Turkey, for example—was admittedly somewhat arbitrary. We ﬁnally placed Turkey, along with Georgia, in Asia, not Europe. And we located countries of the Middle East (itself a very difficult region to deﬁne in both geographical and political terms) along with Africa in Volume 1. A number of the countries classiﬁed in the Middle Eastern region could just © 2011 ABC-Clio. All Rights Reserved.

General Introduction

as easily be placed in Asia, and others are geographically located in North Africa. And the variety of countries found in the Asia and Paciﬁc volume is also vast in terms of both geography and culture; New Zealand and Australia, for example, have much more in common with Europe, from a historical and cultural point of view, than they do with their near and distant neighbors in Asia (although this is probably changing). Thus, comparing regions on any number of crime and punishment factors is fraught with even greater difficulties than comparing individual countries. Some commonalities and patterns, however, do emerge when one peruses the world maps that are provided. It is likely, as editors to the respective volumes point out, that these patterns reﬂect the colonial past of these regions, although there are no doubt other explanations related to local culture, migration patterns, and political history.

About the Contributors We have drawn on a variety of authors to contribute to these four volumes. In some cases, these authors are professionals who work for their governments, but in other cases (the majority), these authors are independent scholars. The objectivity of reports written by those who work for governments may perhaps be questioned, but on the other hand, government officials have much greater access to information and statistics than do outsiders. With a couple of important exceptions, all governments, by and large, have a monopoly on crime and punishment information. The exceptions are the international crime-victim surveys described earlier that are conducted mostly apart from governments, because they do not necessarily depend on officially recorded statistics by criminal justice officials. However, more government departments are conducting their own victimization surveys because some governments in the past have been embarrassed by the ﬁndings. Various nongovernmental watch groups, such as Amnesty International and Transparency International, also collect crime and punishment information and it is part of their mission to apply value judgments and criticism to governments and their administrators. As editors, we have tried in these chapters, as far as possible, to avoid either advocacy on behalf of the government’s interest or criticism of governments, although in some cases the criminality and punitive practices of governments cannot be ignored. —Graeme R. Newman University at Albany

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Murder around the World © 2011 ABC-Clio. All Rights Reserved.

Imprisonment around the World

xxv © 2011 ABC-Clio. All Rights Reserved.

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Death Penalty around the World © 2011 ABC-Clio. All Rights Reserved.

Corporal Punishment around the World

xxvii © 2011 ABC-Clio. All Rights Reserved.

Introduction

The Americas volume of Crime and Punishment around the World encompasses North, Central, and South America, as well as the Caribbean islands. The Navajo Nation of the United States is also included in this volume. With respect to crime and punishment, the Americas are often categorized as having both high violent crime rates and high imprisonment rates. Although the maps in this volume show that these assessments are somewhat accurate, the range of the physical sizes of these countries obscures some of the diversity in crime and punishment patterns. For example, the relatively low homicide rates in Bermuda, Montserrat, and even the much larger country of Chile and the low imprisonment rates of Guatemala or the British Virgin Islands are overshadowed by larger countries with higher rates on these indicators. It is difficult to compare the geographically large and populous countries of Argentina, Brazil, Canada, Mexico, and the United States with the smaller countries of Central and South America or the relatively tiny islands of the Caribbean. Experts typically control for size variations by comparing rates per 100,000 people, but this adjustment does not capture the different social dynamics in large versus small countries that contribute to or inhibit crime or the variability in informal and formal resources for social control and punishment. The country descriptions provided in this volume capture these nuances, which are easily overlooked in statistical snapshots. We encourage readers to appreciate the differences among the countries in this volume and to avoid gross generalizations or oversimpliﬁcations, but also to notice the interesting patterns that emerge when connecting information across countries. Here we highlight ﬁve themes that we consider particularly noteworthy for understanding crime and punishment in the Americas.

Colonial Legacy All the countries in the Americas share a colonial history, although the legacies differ depending on the colonizing countries, the length and extent of colonization, and the level of acceptance of the imposed order by indigenous populations. The “New World” was colonized by Norse, British, Spanish, Portuguese, Dutch, French, and other Europeans as early as the 11th century and lasting through the 20th century, and many of the smaller countries still retain territorial or dependency status. This colonial legacy has shaped contemporary crime and criminal justice issues in these countries in a number of ways. xxix © 2011 ABC-Clio. All Rights Reserved.

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Introduction

First, the legal systems of these countries were adopted from those of the colonizing countries. For example, the common law system of Great Britain was retained in most of Canada, the United States, Belize, Jamaica, and Trinidad and Tobago, among other countries. In contrast, the civil law systems of Spain, Portugal, France, and the Netherlands permeate Central and South America, as well as many Caribbean countries. In several places, the imported legal systems have been adapted to ﬁt local conditions. For example, customary laws and indigenous legal mechanisms coexist with national legal systems in many countries, including Bolivia, the British Virgin Islands, Greenland, and the United States. Second, the colonial history has created quite heterogeneous populations in most of the countries in the Americas. Such diversity makes it difficult to achieve normative consensus and build strong informal social-control mechanisms to inhibit criminal activities, and it may also create inequalities and subcultures conducive to criminal behavior, as found in the examples of Barbados, Jamaica, and Brazil. This heterogeneity also poses challenges for the police, courts, and correctional institutions because citizens are sensitive to the identities of those exercising power over them. Third, for some dependent nations, the colonial legacy has created multilevel criminal justice systems, whereby some criminal activities are regulated at the local level and others are handled at a higher level of government (e.g., the Navajo Nation within the United States) or even in another country (e.g., Britain’s overseas territories). Additionally, laws imposed by the parent system may not be well received within the dependency. For example, there has been some debate in the Turks and Caicos Parliament regarding introducing corporal punishment and the death penalty as penal options, but this is unlikely to happen because it is an overseas territory of Great Britain, which does not permit these types of punishments.

The Role of Geography The countries in this volume nicely illustrate the important role that geography— in terms of both relative location and physical characteristics—plays in crime commission, prevention, and detection and the overall functioning of the criminal justice system. In most of these entries, the sections on drug crimes and human trafficking highlight how geography facilitates the movement of goods from production or origin countries to consumption or destination countries. The entries on the Caribbean countries demonstrate the challenges of monitoring the movement of people and goods along vast waterways, coastal borders, and unregulated airspace with limited personnel and ﬁnancial resources. In many countries, physical characteristics, such as land use, dense forests, and access to waterways, heavily inﬂuence the extent and types of trafficking problems. Another less obvious way that geography affects crime and the criminal justice system is through natural disasters. Central America and the Caribbean islands are especially vulnerable to hurricanes, tropical storms, and volcanoes that hamper government infrastructures, including the criminal justice system. These disasters also contribute to economic downturns, migration, and other social disruptions that can increase criminal activity. The chapters on Dominica, © 2011 ABC-Clio. All Rights Reserved.

Introduction

Nicaragua, and Montserrat provide poignant examples of how such disasters have affected the functioning of criminal justice systems.

Globalization The entries in this volume provide many examples of how crime commission and criminal justice responses have been affected by globalization. International and transnational crimes, especially various forms of trafficking, have motivated countries to pool resources to deal with global criminal justice issues. There are several examples of multinational task forces to ﬁght such crimes as drug trafﬁcking and money laundering. Much of this cooperation involves common legislation and pooling resources for police training and operations. The small islands of the Caribbean, in particular, have initiated several cooperative arrangements to share criminal justice expertise and resources, such as the fairly recent creation of a Caribbean Court of Justice. Globalization has also increased the sharing of new ideas and best practices for criminal justice systems. Practices that are common in many developed Western countries are being considered in other countries to alleviate problems such as court case backlogs and prison overcrowding. For example, Paraguay has recently established a Mediation Office to relieve court dockets, and the Bahamas is considering using electronic monitoring and community service for less serious offenders to reduce prison overcrowding. An old form of globalization, and a new form of colonialism to some critics, is the critical role of the United States in reshaping judicial systems and criminal procedures across Latin America. Through the U.S. Agency for International Development (USAID) under the Department of State, Washington has provided an enormous amount of funding, technical assistance, personnel training, equipment transfer, and political backing or pressure to initiate and maintain criminal justice reform. USAID usually begins with the identiﬁcation of political parties, government agencies, and nongovernmental organizations supportive of system revisions for the enhancement of human rights, control of illicit drugs, promotion of anticorruption, protection of public safety, and good governance in general. Because the isolation of the judicial system from undue political, societal, or economic inﬂuences constitutes the unifying thread of these progressive political agendas, the United States has been fairly successful in promoting and accomplishing important institutional changes in these emerging democracies. The result is the widespread adoption of American-born adversarial trial practices (e.g., oral and public proceedings, the jury, professionalization of prosecutors, etc.), crime control policies (e.g., community policing), and community outreach programs (e.g., drug-abuse reduction and education programs) in a continent with a long history of civil law traditions.

Dynamic Social Systems The entries in this volume also highlight how national criminal justice systems change not only in response to crime problems but also to accommodate other © 2011 ABC-Clio. All Rights Reserved.

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Introduction

social changes. The most notable changes for this region are political. Many Central and South American countries have experienced prolonged periods of political upheaval since their independence. Despite the historical legacy of colonialism that is still apparent, laws, social conditions, and criminal justice systems are all shaped by existing political structures. For example, recent electoral changes in Mexico have been accompanied by reforms in policing, anticorruption initiatives, and efforts to improve the efficiency of the criminal justice system. Likewise, the chapter on Cuba nicely illustrates how laws have been shaped by the socialist government and how both crime and the criminal justice system are changing in the post-Castro era. The diversity and multiplicity of social changes have also created forces that are pushing criminal justice systems in different, and sometimes conﬂicting, directions. For example, the search for a police accountable and responsive to the citizenry has led to the introduction of community-oriented or problem-solving policing practices aimed at the improvement of citizens’ satisfaction with the police in Brazil, Colombia, Guatemala, and Honduras. But the rampant activities of drug syndicates and violent street gangs have triggered the militarization of police operations and the distorted application of quasi-counterinsurgency tactics in the same countries, which have brought about an array of complaints about a severe erosion of civil rights. How these emerging democracies should prioritize their criminal justice needs and sail through the dilemmas posed by divergent social forces remains a thorny problem whose resolution requires participatory deliberation from the public, a commitment from the government to stamp out institutional hurdles against the rule of law, and sustained foreign assistance that is substantively meaningful and geopolitically neutral and credible.

Fear of the Return of Authoritarianism Between the 1960s and 1980s, coup d’états led by the military, who justiﬁed their rule as a way of bringing political stability for the nation or rescuing it from the threat of communism, swept Latin America. The typical military dictatorship in Latin America was ruled by a committee composed of several officers, often from the military’s most senior leadership, but in other cases, less senior, as evidenced by the term “colonels’ regime.” The judiciary and supporting criminal justice agencies were deprived of their autonomy and often forced to collaborate in systematic violations of human rights. Illegal arrests, criminal investigations for the purpose of political harassment, unsubstantiated prosecutions, the selection of prosecutors and appointment of magistrates based on ideological loyalties, suspension of habeas corpus, torture, and extrajudicial executions were some common aberrations of the formal apparatus of social control. During the 1990s and 2000s, judicial reforms seized Latin America following the reemergence and consolidation of democratic governance. These reforms often began with constitutional redesigns that gave more inﬂuence and resources to the Supreme Court to strengthen the independence of the judiciary and introduce adversarial elements (e.g., replacing judges of instruction with prosecutors, limited use of juries, etc.) into criminal proceedings to enhance the chance © 2011 ABC-Clio. All Rights Reserved.

Introduction

of the accused to have access to a fair and open trial. The demilitarization of police forces is also frequently seen as an essential ingredient in the democratization of the system. The penal apparatus remains the weakest link in the chain of criminal justice rebirths. Few alternatives to incarceration have been implemented, and existing prisons are still infamous for overcrowding, violence, and substandard management. Overall, progress in the rule of law is facilitated by an ongoing political competition among risk-averse parties. Whereas the society at large demands these institutional revisions as a protection against the return of authoritarian practices or dictatorial regimes, political parties ﬁnd in an independent and functioning judiciary an effective check on the power of their rivals. The implementation of judicial reform serves the ruling party as an insurance policy, in that a strong judicial branch reduces the risks faced by a ruling party once it loses power and becomes the opposition.

Acknowledgments Many of the entries in this volume provide unique insights on crime and punishment because of the professional expertise and ﬁrsthand knowledge of the authors. Some of the shorter entries rely primarily on secondary sources, but compiling that information is still a challenging task despite the assistance of the Internet. We are grateful for the efforts of all of the contributors in making this volume as comprehensive as possible. —Janet P. Stamatel University at Albany; Hung-En Sung John Jay College of Criminal Justice

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Country Key to the Americas Maps American Samoa

AS

Guadeloupe

GP

Anguilla

AI

Guatemala

GT

Antigua and Barbuda

AG

Guyana

GY

Argentina

AR

Haiti

HT

Aruba

AW

Honduras

HN

Bahamas

BS

Jamaica

JM

Barbados

BB

Martinique

MQ

Belize

BZ

Mexico

MX

Bermuda

BM

Montserrat

MS

Bolivia

BO

Netherlands Antilles

AN

Brazil

BR

Nicaragua

NI

British Virgin Islands

VG

Panama

PA

Canada

CA

Paraguay

PY

Cayman Islands

KY

Peru

PE

Chile

CL

Puerto Rico

PR

Colombia

CO

St. Kitts and Nevis

KN

Costa Rica

CR

St. Lucia

LC

Cuba

CU

St. Pierre and Miquelon

PM

Dominica

DM

St.Vincent and the Grenadines

VC

Dominican Republic

DO

Suriname

SR

Ecuador

EC

Trinidad and Tobago

TT

El Salvador

SV

Turks and Caicos Islands

TC

Falkland Islands (Islas Malvinas)

FK

United States

US

French Guiana

GF

Uruguay

UY

Greenland

GL

U.S. Virgin Islands

VI

Grenada

GD

Venezuela

VE

xxxiv © 2011 ABC-Clio. All Rights Reserved.

Murder in the Americas

xxxv © 2011 ABC-Clio. All Rights Reserved.

Imprisonment in the Americas

xxxvi © 2011 ABC-Clio. All Rights Reserved.

Corporal Punishment in the Americas

xxxvii © 2011 ABC-Clio. All Rights Reserved.

Death Penalty in the Americas

xxxviii © 2011 ABC-Clio. All Rights Reserved.

The Americas Anguilla Legal System: Common Prison Rate: High Death Penalty: No Corporal Punishment: No

Background Anguilla is the most northern of the Leeward Islands in the eastern Caribbean Sea. Apart from the main island of Anguilla, the territory includes a number of smaller islands and cays with no permanent population. Anguilla’s land area covers 91 square kilometers, and the population is about 9,000 people. The official language of Anguilla is English, but some inhabitants speak a Creole language derived from a mixture of African and English languages. Before the Europeans inhabited Anguilla, the Arawak Indians had settled there. It was ﬁrst colonized in 1650 by English settlers who believed the land would be beneﬁcial for cultivation. However, the dry climate, thin soil, and hurricane season severely hampered agricultural development. During the 1830s, the British recommended the union of St. Kitts, Nevis, and Anguilla, much to the dismay of the Anguillan people. In 1962, the federation of the West Indies collapsed, and St. Kitts, Nevis, and Anguilla were made into an associated statehood. Anguilla wanted to be free of this statehood, sparking the Anguilla Revolution. The British intervened and developed a peacekeeping committee, but debates regarding Anguilla’s succession continued

until December 19, 1980, when Anguilla became a separate overseas territory. As an overseas territory, Anguilla recognizes Queen Elizabeth II as the chief of state who is represented by an appointed governor. The governor has powers with respect to legislation, external affairs, offshore ﬁnance, defense and internal security, and the public service. The 1982 Constitution provides for a governor, an Executive Council, and a House of Assembly. Anguilla is an associate member of the Caribbean Community (CARICOM) and of the Organization of Eastern Caribbean States (OECS).

Legal and Criminal Justice System In Anguilla there is a High Court of Justice with a resident High Court judge, whose jurisdiction is original and unlimited. This judge presides over both civil and criminal matters. There is also a Magistrate’s Court, whose jurisdiction is statutory. Both courts are located in the capital of Valley. The Magistrate’s Court deals with a large quantity of minor legal matters. Some of these matters include civil claims up to EC$15,000 (approx. US$5,714), the issuance of search warrants, bail applications, traffic violations, and the trial of minor criminal charges. Minor criminal offenses tried in the Magistrate’s Court are known as summary offenses. More serious offenses, known as indictable offenses, are usually tried in the High Court. There are cases in which an indictable offense may be tried in a Magistrate’s Court if certain conditions are met. The Magistrate’s Court is also responsible for hearing preliminary inquiries. A preliminary 1

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hearing is held whenever a person is charged with an indictable offense that cannot be tried summarily. An example of such an offense would be rape or murder. The Magistrate’s Court must review the evidence and decide whether the accused will be tried in the High Court. The Eastern Caribbean Supreme Court (ECSC) was established in 1967 by the West Indies Associated States Supreme Court Order. It is a superior court of record for nine member states, including Anguilla. The court has unlimited jurisdiction in the member states. The ECSC sits in two divisions: the Court of Appeal and the High Court of Justice Trial Division. Each member territory has its own high court. A three-judge panel of the Eastern Caribbean Court of Appeal sits in Anguilla during rotations within the territories that make up the Eastern Caribbean Supreme Court. The headquarters of the Eastern Caribbean Court of Appeals is in Castries, Saint Lucia. The court interprets and applies the laws of the member states and decides on criminal and civil matters. The ECSC also listens to appeals from the decisions of the Magistrate’s Court and the High Court. There is a ﬁnal right to appeal to the Privy Council in the United Kingdom. The Common Law Act, originally enacted in 1705, adopted the English common law, subject to any modiﬁcations thereof. In 2000, Anguilla’s laws were revised and consolidated, resulting in the Revised Statutes and Regulations of Anguilla. The courts also rely heavily on the jurisprudence of the Commonwealth as a whole, including the wider Caribbean, although only the jurisprudence of the Eastern Caribbean Supreme Court and of the Privy Council is binding on them.

Police The Royal Anguilla Police Force is responsible for maintaining law and order on the island. It was formed after the withdrawal of the London Metropolitan Police in February 1972. It is headed by the commissioner of police and is made up of approximately 100 officers. Since 2001, there has been a focus on community policing and developing

relations with community organizations. There have also been efforts to improve the qualiﬁcations of recruits and to diversify the police force.

Crime Classifications of Crime According to the Anguilla criminal code, an offense is triable summarily when the maximum term of imprisonment for the offense is two years or less. An offense is triable on indictment when the maximum term for imprisonment is more than two years. The criminal code of Anguilla maintains that ignorance of the laws of the land is not an excuse unless knowledge of the law is an expressed element of an individual’s defense. If an individual has a mistake of fact that is honest and reasonable but that leads to a certain act or omission of an act, that person will not be held criminally responsible. The Anguilla criminal code distinguishes between an individual successfully committing a criminal act and attempting a criminal act for certain crimes. For other crimes, where the law does not distinguish between attempted and completed crimes, a person may be subject to the same punishment that he or she would receive if he or she had successfully completed the crime attempted.

Drugs and Money Laundering Anguilla, along with other U.K. Caribbean overseas territories, has established offshore banking institutions. This has created a problem for the country because drug traffickers have tried to use these facilities to launder money. In response, the British government has increased regulation over its ﬁnancial services sector. The introduction of guidelines for the issuance of new bank licenses has helped restrict licenses to subsidiaries of well-established banks with effective parent-bank supervision. Anguilla has been noted as a transshipment point for South American narcotics destined for the United States and Europe. Illicit drugs transit the eastern Caribbean mostly by sea in small quick vessels, larger ﬁshing vessels, yachts, and freight carriers.

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Anguilla

There is also some narcotics shipment through airdrop in this region. Recently, there has been an increase in the use of sailing yachts to transport drugs from the Caribbean to Europe. Penalties for possession, use, and trafficking in illegal drugs are severe. Once convicted, offenders can be faced with heavy ﬁnes and long jail sentences.

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been increasing in recent years. In 1995, the homicide rate was about 10 per 100,000. This increased to more than 16 in 2002 and 2003 but declined to 8 per 100,000 in 2004.

Finding of Guilt Rights of the Accused

Crime Statistics The only justice statistics available are those from the annual police report. Crimes are reported by the police, but prosecutions are conducted through the court system and are then recorded manually in the police records. The records from the police are not given to the statistics department because of the conﬁdential nature of the data. The police department currently needs a computer system for administrative and statistical purposes. They currently use a system known as the Overseas Territories Regional Criminal Intelligence System (OTRCIS), which is problematic because the police department is dependent on those in Miami to make any changes to it so that different information can be captured and reports produced. Despite those challenges, Anguilla’s statistics department published some information regarding crime and justice that was reported by the Caribbean Development Bank. These statistics show that there was a steady increase in property crime between 1995 and 2001, though assault and robbery remained stable. Of the 206 reported burglaries in 2001, 61 cases were cleared. Numbers of crimes reported to police for 2001 were as follows: Thefts and other stealing Burglary (house and store) Criminal damage Assault and robbery Drugs Sexual offense Firearm Other

227 206 23 34 20 16 5 21

According to data collected by the Anguillan statistics department, the murder rate in Anguilla has

The Anguilla Constitution maintains that a person charged with a criminal offense shall be given a fair hearing within a reasonable amount of time and that the hearing will be given by an independent and impartial court established by law. The accused has the right to be informed orally and in writing of the nature of the offense for which he or she is being charged. Any person who is charged with a criminal offense is believed to be innocent until proven guilty and must be granted adequate time to prepare a defense. The rights of the accused also include the right to an interpreter, free of charge, to anyone who cannot understand the English language. An individual may not have a harsher punishment imposed on him or her retroactively because of an increased penalty for a speciﬁc crime. A person may not be found guilty of a crime that did not, at the time it took place, constitute such an offense. Once a person has been acquitted or convicted of a particular crime, that person cannot be tried for that crime again. An accused person also shall not be compelled to give evidence at his or her trial.

Juvenile Justice According to the Juvenile Act, Anguillan courts are required to have regard for the welfare of juveniles (persons under 16 years of age) and are authorized to take steps to remove a juvenile from an undesirable surrounding. Under the Juvenile Courts Act, a juvenile cannot be tried in a Magistrate’s Court. The act established a juvenile court separate from others where members of the public are excluded to protect the juvenile. The juvenile court can issue orders that commit the juvenile to the care of a willing adult. They are also authorized to put a juvenile and his or her parents on probation. Once the

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| Anguilla

juvenile is in the care of an adult, these adults are subject to the same liabilities as the juvenile parents. If a juvenile runs away from those to whose care he or she has been committed, the juvenile may be apprehended without a warrant. Juveniles are placed in a “place of safety” while awaiting juvenile court decisions. The construction of a Juvenile Rehabilitation Center in Anguilla was almost completed as of 2009, and a manager for the Juvenile Center has been hired. The rest of the staff will be recruited from the Department of Probation.

Punishment Types of Punishment According to the Anguilla criminal code, there are many forms of punishment that may be imposed on offenders, including imprisonment, ﬁnes, probation, and community service. In a case where an individual may be subject to punishment by ﬁnes, imprisonment, or both, it is in the court’s discretion as to which punishment should be applied. In situations where there are no express provisions related to the ﬁne, the amount is unlimited but cannot be excessive. When the sum of money to be paid may not exceed EC$200 (approx. US$76), the period of imprisonment may not exceed 14 days. When the sum of money to be paid exceeds EC$2,000 (approx. US$756), the period of imprisonment may not exceed six months. The Anguilla courts may take mitigating factors into account, such as age, character, antecedents, health, mental condition, nature of the offense, and extenuating circumstances. Even if it was determined in trial court that the charge has been proven, a court can dismiss the charge after taking into account a variety of these factors. For the crime of attempting to commit rape or aiding in a rape, a person is liable to imprisonment for seven years upon conviction. A person who is convicted of procuring or attempting to procure a woman into prostitution is liable to imprisonment of three years. Any person who is convicted of wounding another person is liable to imprisonment for two years upon conviction. Any person who is

convicted of murder is liable to imprisonment for life. When a person participates in unlawful use of ﬁrearms, he or she is liable to imprisonment for ﬁve years. Infanticide is an offense that is treated as manslaughter according to the Anguilla criminal code. In 1999, the death penalty was abolished in Anguilla, along with all of the small British dependencies. Since 1993, the punishment for most criminal convictions in Anguilla was a ﬁne. According to the statistics department, 49 percent of convicts in 2003 were ﬁned instead of having other punishments such as imprisonment. Of the total criminal offenses in 2002, there were 12 imprisonments, 176 ﬁnes, and 68 other penalties. In 1995 and 1996, the number of persons imprisoned remained constant with only four persons. These years contained the lowest number of prisoners from 1992 to 2004.

Probation The Department of Probation in Anguilla was ﬁrst established in 2005 and has served more than 100 clients so far. Over 95 percent of adults on probation are employed, and all juveniles in the probation system are attending school. The Department of Probation in Anguilla describes probation as an alternative in which defendants aged 10 years or over are supervised in the community by a probation officer. The probationer is permitted to carry out normal daily activities as well as maintain employment and reside at home. A sentence of probation can be no less than 12 months and no longer than 3 years. A few of the terms for probation include a curfew, home visits by probation officers, and community service. The Department of Probation coordinates regular curfew checks to conﬁrm compliance, and often probation officers conduct checks with the Royal Anguilla Police Force. Probationers cannot leave Anguilla without written permission from their chief probation officer. The probation officer has many responsibilities including preparing pre-sentencing reports when ordered by the court; accepting offenders on probation; providing supervision, guidance, and enforce-

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Antigua and Barbuda

ment of the probation order; becoming friendly with the probationer and seeking his or her conﬁdence; and acting as a conﬁdant to the probationer. It is interesting to note the positive relationship a probation officer is asked to maintain with his or her probationer. The Department of Probation has also worked in collaboration with Her Majesty’s Prison and other departments to develop draft legislation for the parole of prisoners.

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Antigua and Barbuda Legal System: Common Murder: Medium Prison Rate: High Death Penalty: Yes Corporal Punishment: Yes

Background

Prison The Ministry of Social Development is responsible for all matters related to the probation and prison system. Her Majesty’s Prison is Anguilla’s sole prison. The head of prison administration receives the title of superintendent of prisons. According to the International Centre for Prison Studies, in September 2007, the total prison population including pretrial detainees was 55. Juvenile and minors represented 3.6 percent of the total prison population, and there were no women in prison. Foreign prisoners made up 7.3 percent of the prison population. Jessica Gentile Further Reading Banks, Victor F. (2008). Time for Consolidation: Coping with the Growing Pains of Transformation. Budget Address: http://www.gov.ai/story. php?id=227. Eastern Caribbean Supreme Court: http://www. eccourts.org/. Government of Anguilla: http://www.gov.ai/. Halcrow Group Limited. (2004). Caribbean Development Bank Government of Anguilla Country Poverty Assessment. (2002). London: Halcrow Group Limited. Hope-Ross, Penny. (2004, July 1). A Strategic Plan for the Statistical System of Anguilla 2005–2009. Government of Anguilla: http://unstats.un.org/ unsd/dnss/docViewer.aspx?docID=2199. Peters, D. C. (1992). The Democratic System in the Eastern Caribbean. Westport, CT: Greenwood Press.

Antigua and Barbuda is an island nation located between the Caribbean Sea and the North Atlantic Ocean. The country consists of three islands: Antigua, Barbuda, and the uninhabited Redonda. Together the islands make up a small area of land about 442.6 square kilometers. The total population of Antigua and Barbuda is approximately 84,522. In 1981, Antigua and Barbuda became an independent state within the British Commonwealth of Nations. At the same time, the country was also inducted into the Organization of Eastern Caribbean States (OECS) and to the Caribbean Community and Common Market (CARICOM). The country is a constitutional monarchy with a parliamentary system of government. Queen Elizabeth II is the head of state, and she is represented by a governorgeneral who acts on the advice of the prime minister and the cabinet.

Legal and Judicial Systems The supreme law of Antigua and Barbuda is its Constitution, which was made by royal prerogative under the 1981 Antiguan Independence Act of the United Kingdom. The country’s Constitution guarantees many basic fundamental human rights, such as the right to freedom of speech, freedom of the press, freedom of religion and association, the presumption of innocence, and freedom from discrimination based on race, political opinion, religion, and so forth. The Constitution also recognizes the separation between the executive, legislative, and judicial branches of government. The primary source of law in Antigua and Barbuda is legislation. Common law is still very much alive in

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the country, and there is reliance on the doctrine of judicial precedent. The judicial branch in Antigua and Barbuda consists of the magistrates’ courts for minor offenses and the High Court for major offenses. Beyond those courts, a case may proceed to the Eastern Caribbean States Supreme Court. The members of this court are appointed by the Organization of Eastern Caribbean States (OECS). Any appointments or dismissals of magistrates of the Supreme Court require unanimous approval from the heads of government in the OECS system. The prime minister of Antigua and Barbuda acts on the recommendation of the attorney general in making decisions regarding this judicial body. The ﬁnal court of appeals for Antigua and Barbuda is the Judicial Committee of the Privy Council, located in London, England. Under certain circumstances, a defendant has the right to appeal a lower court’s ruling to the Privy Council. These circumstances include civil proceedings where the matter under dispute has a value of EC$1,500 (approx. US$562) or above, civil proceedings involving questions about property rights, proceedings that are centered around the nulliﬁcation of a marriage, proceedings that involve constitutional questions and interpretations, and any other cases that may be prescribed. The only specialized judicial body in Antigua and Barbuda is the Industrial Court. This court has the ability to hear and determine trade disputes, to enjoin a trade union or other organization from taking or continuing an industrial action, and to hear any complaints brought in accordance with the Industrial Court Act. This court has special privileges, such as not having to follow regular evidentiary procedures and allowance to act without regard to technicalities and legal form. The Industrial Court basically determines its own procedures, although its decisions can be appealed to the Court of Appeals in certain scenarios. There are no military or political courts.

Role of Police Security forces consist of the Royal Police Force of Antigua and Barbuda and the small Antigua and Barbuda Defense Force. The police force is organized, trained, and supervised according to British

law enforcement practices. It is made up of about 600 persons. The uniformed men and women do not normally carry ﬁrearms. Many officers come from other islands to work for the Royal Police Force, thus adding to the impartiality of policing a small community. The divisional headquarters is in St. John’s. The police force is responsible for law and order maintenance and is also responsible for the seaward defense of the state.

Crime Classification of Crimes Indictable offenses include felonies or the more serious offenses. The maximum penalty for such an offense is usually at least 12 months. Non-indictable offenses are known as summary offenses. Generally, the punishment is a reliable indication of the type of offense. Usually, if the punishment is a ﬁne or 6 months’ imprisonment or less, then the offense is summary. In many circumstances, the statute creating the offense will specify whether it is punishable on summary conviction. All criminal proceedings must start in the magistrates’ courts whether they are for indictable or summary offenses. Magistrates hold preliminary hearings regarding indictable offenses to determine whether a prima facie case of guilt has been made and to decide if a case should be determined by a trial by jury. An indictable offense must be tried in the High Court unless there is a speciﬁc scenario that allows a magistrate to hear the case. The magistrates’ courts can hear certain types of more serious cases at the option of the accused, the prosecution, or the court. If an offense is summary, then the magistrate is responsible for trying the matter without the participation of a jury. Usually a magistrate, not a justice, sits in the magistrates’ courts. A magistrate is usually a trained lawyer and is the judge of both fact and law in summary courts. The age of criminal responsibility in Antigua and Barbuda is 8 years of age. Under the Juvenile Act, a person under the age of 16 is considered a juvenile. The Juvenile Act asserts that every court shall have a distinct regard for the welfare of a juvenile during criminal procedures.

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Antigua and Barbuda

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anti–money laundering legislation to help regulate the offshore banking sector, which was facing difﬁculties because of laundered money from drug trafficking. Additionally, the Antigua and Barbuda government has asked a number of agencies to work with the Caribbean Financial Action Task Force (CFATC) to review the country’s ﬁnancial systems and ensure that they meet international standards.

Domestic Violence

Steadroy McDougal is escorted by prison officers to the High Court in St. John’s, Antigua, on September 27, 2000. McDougal is accused of the 1998 murders of his exgirlfriend and her boyfriend. (AP Photo)

Drug Trafficking and Money Laundering The Misuse of Drugs Act in Antigua and Barbuda breaks controlled drugs up into three classes. Class A drugs include cocaine, desomorphine, hydrocodone, morphine, opium, oxycodone, and many more. Class B drugs include cannabis, codeine, amphetamine, and others. Class C drugs include benzphetamine, mephentermine, phentermine, prolintane, and others. Antigua and Barbuda is considered a minor transshipment point for narcotics, particularly cocaine, on their way to the United States and Europe from South America. Certain locations including secluded beaches and uncontrolled marinas provide excellent locations to conduct drug transfer transactions. The islands are also signiﬁcant offshore ﬁnancial centers. In 1997 and 1998, the country passed

Domestic violence against women is another serious problem in Antigua and Barbuda. The legal system tends to be relatively lenient when addressing this issue. The police are reluctant to get involved, and many women opt not to testify because of fear of retaliation. Domestic violence legislation was passed by parliament in 1999. Domestic violence was classiﬁed as any act of violence, verbal or physical abuse, perpetrated by a member of a household upon a member of that same household that may cause physical, mental, or emotional harm to the abused party. The Domestic Violence Act of 1999 made orders of protection available to the court that prohibited a victim from being in an area where a speciﬁed person might be. Although there are no legal restrictions on women’s roles in society, tradition lends little support for activities outside the home. Nongovernmental organizations in Antigua and Barbuda advocate for women’s rights and help provide support for women who have been abused. The Directorate of Women’s Affairs helps provide programs for women concerning health, crafts, and business skills.

Crime Statistics Although there are relatively few publicly available statistics, it seems that the overall consensus is that crime has been increasing in Antigua and Barbuda within the last years leading up to 2009. According to the Judicial Studies Center of the Americas, the courts received 3,526 criminal complaints in 2004. It was reported that only one crime resulted in the death of one or more victims and that there were 24 reports of robbery or theft. In 2007, Antigua and

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| Antigua and Barbuda

Barbuda had 19 murders. The Foreign Office also has reported an increase in gun crime. In a study published by the OECS Judicial and Legal Reform Project in 2002 that analyzed 2,898 cases heard by the magistrates’ courts, 21 percent involved crimes against the person, 24 percent involved crimes against property, 13 percent were drug offenses, 11 percent were traffic violations, 3 percent were ﬁrearm offenses, less than 1 percent involved the use of ﬁrearms against persons, and 28 percent were unspeciﬁed criminal offenses. It should be noted that these statistics represented a ﬁrst attempt at compiling data for this country, and there may be gaps in the information and possibly ﬂaws in the records.

Finding of Guilt Rights of the Accused The police in Antigua and Barbuda do not need a warrant to arrest a person suspected of committing a crime. However, criminal defendants do have the right to a judicial determination of the legality of their detention. The police must bring a person being detained before a court within 48 hours of his or her arrest or detention. The Antigua and Barbuda Constitution includes a right to bail and states that excessive bail should not be required. The bail system was recently modiﬁed to require those accused of more serious crimes to appeal to the High Court for bail, taking this responsibility away from the lower-court magistrates. Criminal proceedings in Antigua and Barbuda are adversarial and guided by the principles of immediacy and the use of oral hearings. The Antigua and Barbuda Constitution states that criminal defendants should receive a fair, open, and public trial. Prosecution is the responsibility of the Office of Criminal Prosecution, which forms part of the Ministry of Justice and Legal Affairs; however, in some cases, the police can investigate and even serve as prosecutors. Antigua and Barbuda allows capital punishment, and only in these cases does the government provide legal assistance at public expense to persons

without the means to retain a private attorney. Otherwise, the country does not have an institutionalized legal aid system. There is currently a proposal to open a legal aid office under the jurisdiction of the Ministry of Justice and Legal Affairs.

Juveniles Juveniles are given special treatment during criminal proceedings. The Juvenile Courts Act requires the establishment of one or more juvenile courts in the magisterial districts of Antigua and Barbuda. The same act forbids the public from juvenile courts to protect the juvenile. The Juvenile Act prohibits juveniles, while being detained for any reason, from associating with an adult who has been charged with any offense other than an offense with which the juvenile is jointly charged. When a juvenile is charged with an offense jointly with an individual above the age of 16, it is permissible for the charge to be heard in a magistrates’ court.

Punishment Types of Punishment Antigua and Barbuda has a wide range of possible punishments, including prison sentences, ﬁnes, probation, community service, and parole. In August 2002, the ﬁrst statistical proﬁle of criminal cases tried by the magistrates’ courts was published for Antigua and Barbuda by the Judicial Studies Center of the Americas. The study analyzed 2,898 cases and showed that 36 percent of convictions involved a ﬁne and imprisonment. The average ﬁne was EC$1,523 (approx. US$583), and the average prison sentence was 1.3 months. Of the cases studied, 16.4 percent resulted in an acquittal or reprimand. In 13 percent of the cases, prison sentences were given for an average of 4.3 months. In addition, 6 percent of cases required paid compensation, and in 4.2 percent of cases, the convicted person was put on parole. Last, the sentence in 4.3 percent of cases was community service. This data set represents a ﬁrst attempt at compiling statistics in this subregion. There are substantial gaps in the information, given that not all jurisdictions keep systematic, ongoing records of

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Argentina

case-ﬂow data. Additionally, the Industrial Court offers mechanisms for reaching out-of-court settlements in labor disputes and industrial cases. Antigua and Barbuda allows corporal punishment for certain crimes. According to the Corporal Punishment Act, a court may pass a sentence of corporal punishment by whipping or ﬂogging in addition to other punishments that may be administered upon the conviction of numerous crimes, including the following: wounding a person by means of a deadly or destructive instrument, being armed with any offensive weapon or instrument, robbing a person and using personal violence at the time or immediately after the crime is committed, and assaulting any person with the intent to rob that person. The punishments of whipping and ﬂogging may not be administered to any female regardless of age. Punishment for drug-related offenses is relatively severe in Antigua and Barbuda. Summary offenses typically result in two years’ imprisonment and a ﬁne between EC$20,000 and EC$500,000 (approx. US$7,490–$18,727), whereas indictable offenses typically result in seven years’ imprisonment and a ﬁne.

Prison Her Majesty’s Prison is Antigua and Barbuda’s sole prison for the islands. In 2005, it was reported that the prison held 194 inmates; 188 were men, and 6 were women, for an imprisonment rate of 239.5 per 100,000 inhabitants. Of the individuals in the prison, 81 were of indigenous descent. The United States’ 2005 Country Report on Human Rights Practices stated that the prison was in poor condition. The prison did not have the proper bathroom facilities, and slop pails were used in 122 prisoners’ cells. Part of the reason for the overcrowding was the passage of a law in 2004 that limited a judge’s power to issue protection orders other than pretrial custody for certain types of crimes. Magistrates had limited ability to grant bail to certain individuals. The prison staff at her Majesty’s Prison complained to the press about the poor conditions and included the fact that there was an increase in the number of prisoners who had HIV and AIDS. Jessica Gentile

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Further Reading Eastern Caribbean Supreme Court: http://www. eccourts.org/. Kritzer, H. M. (2002). Legal Systems of the World: A Political, Social, and Cultural Encyclopedia. Santa Barbara, CA: ABC-CLIO. Lazarus-Black, M. (1994). Legitimate Acts and Illegitimate Encounters: Law and Society in Antigua and Barbuda. Washington, DC: Smithsonian Institution Press. Organization of Eastern Caribbean States: http:// www.oecs.org. Sanders, R. (2002). Antigua Vision. Royston, Hertfordshire: Hansib Publications Limited. Seetahal, D. S. (2001). Commonwealth Caribbean Criminal Practice and Procedure. London: Cavendish Publishing Limited.

Argentina Legal System: Civil Murder: High Burglary: Medium Corruption: Medium Human Trafficking: Medium Prison Rate: Medium Death Penalty: Yes Corporal Punishment: Yes

Background Argentina has an area of 2,780,403 square kilometers and had a population of 38,970,611 inhabitants as of 2006. In 2005, 91.8 percent of the population lived in urban areas. There are more than 400,000 members or descendants of the ﬁrst generation of some indigenous people, representing just over 1 percent of the total population. The country ranked 36 in the 2006 United Nations Human Development ranking (the highest among Latin American countries). In 2005, the unemployment rate was11.5 percent, and 2.8 percent of the population over 15 years were illiterate.

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| Argentina

Argentina’s Supreme Court is located in the Palacio de Justicia in Buenos Aires. (Beatrice Murch)

Argentina is a federal democracy divided into 23 autonomous provinces and the city of Buenos Aires, seat of the federal government. The Constitution provides for a tripartite organization of government, with an executive branch, a legislative branch, and a judiciary. The president, elected by direct vote, heads the executive branch and is the dominant player at the federal level. The Congress is composed of two houses, with a 72-seat Senate and a 257-seat Chamber of Deputies, which constitutes the legislative branch. Under the federal structure, each province enacts its own constitution and elects its own governor and legislator.

Political and Cultural History In May 1810, residents of the city of Buenos Aires reacted to the overthrow of King Ferdinand VII by Napoleon in Spain with the creation of the ﬁrst autonomous government among Spanish colonies in the Americas. However, it was not until 1816 that the ﬂedgling nation formally declared independence from Spain. The Argentinean Constitution developed in 1853 was based in large part on the U.S. Constitution and established the nation as a representative and federal republic. Between 1880 and 1930, Argentina experienced a dramatic social

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Argentina

restructuring triggered by a signiﬁcant increase in newly arrived immigrants from Europe and the ensuing population explosion and rapid economic development brought about by the rapid growth of the cattle and agricultural industries. In fact, by 1914, roughly one-third of the population was made up of immigrants, and the country itself became a major player in the world economic system. The global economic crash of 1929 began a period of economic instability and a series of coups that continued for nearly 50 years. In 1977, the military took control of the country after the failed presidency of Isabel Peron. The new military government initiated a campaign to end growing guerilla activities. This campaign, termed the “War on Subversion,” would ultimately be known as the “Dirty War” because of the disappearances of some 10,000 to 30,000 people. Under the leadership of General Leopoldo Galtieri, Argentina went to war against Great Britain over the Malvinas (Falkland) Islands in 1982. The subsequent humiliating defeat of the Argentine forces combined with continued disappearances of suspected dissidents led to not only a loss of the islands but also public outcries against the legitimacy of the military government. On December 10, 1983, Raul Alfonsin assumed the presidency after winning the majority vote in the presidential elections that marked the return of democratic institutions. His administration initiated the trial of the juntas, prosecuting some of the top generals of the previous military regimen for violations of human rights committed during the Dirty War, and created the National Commission on the Disappearance of Persons to document these abuses. Alfonsin encountered ﬁerce resistance from the military, and his rule was plagued by economic turmoil and destabilized by repeated military uprisings. Eventually, he supported the passing of two laws, the Ley de Obediencia Debida (Law of Due Obedience) and the Ley de Punto Final (Full Stop Law), which in practical terms blocked further investigations and provided amnesty to most Dirty War criminals. Both pardon laws were repealed by the Congress in August 2003, which allowed for the reopening of

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cases that involved crimes against humanity. To this date, top generals from the 1976–1983 military dictatorship are still being tried for their violations of human rights. General Videla was under house arrest until October 2008 when he was sent to a military prison. Upon the expiration Alfonsin’s term of office in 1989, Carlos Menem stepped into the executive office. Although Menem brought the rampant inﬂation and unemployment under control, his administration was scarred by continuous and scandalous allegations of corruption. Despite their failings in consolidating the rule of law, both Raul Alfonsin and Carlos Menem were instrumental in helping the country’s transition from military to civilian rule and in setting Argentina back on a course toward political stability. This transition was codiﬁed and made permanent through the revision of the National Constitution in 1994. Among the most salient points of the constitutional reform are the reduction of the length of the presidential term from six to four years, the reelection of the president for two consecutive terms, and the removal of the requirement for the president to be a Roman Catholic. To prevent the repetition of the human rights abuses committed during the Dirty War, the 1994 constitutional amendments included the addition of key legal safeguards available to Argentine citizens: amparo, the power of a magistrate to pronounce the unconstitutionality of a decision by state authorities or private citizens that impinges on a right protected by the Constitution; habeas corpus to protect the right of physical freedom when it is threatened, limited, modiﬁed, or injured; and habeas data, mandating that any information referring to a citizen and recorded in public or private registers be kept conﬁdential and accurate.

The Legal System Argentina is a civil law country and employs an inquisitorial method for exposing evidence in trial, with the judge playing a very active role in criminal proceedings. The administration of justice is divided into federal and provincial systems,

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| Argentina

and each system has lower courts, courts of appeal, and supreme courts. The highest judicial authority of the country is vested in the Supreme Court of Justice, which has nine members. The president names both the justices of the Supreme Court, with the consent of the Senate by twothirds of its members present, and other judges of the lower federal courts from a binding proposal of three candidates submitted by the Council of Magistracy. There are no prior investigations on the legal and other relevant history of the nominees; nor are there public hearings or bar association reports. The Senate receives a résumé drafted by the nominees themselves, and the review of the nominations is conducted in a closed session by the judiciary committee. Recommendations by the committee are then presented and voted on by the entire chamber. The lack of transparency in the process of judicial appointments has been a permanent focus of concern among judicial monitors. Each province appoints its own judges to the provincial courts. Judges at all levels enjoy lifetime tenure conditioned on good behavior. In 2004, Elena Inés Highton de Nolasco was approved to become the ﬁrst woman justice in the country’s Supreme Court. Military justice has jurisdiction over military crimes committed by military officials. But civilians may become subject to military jurisdiction for offenses committed during times declared as states of siege. The Defensor del Pueblo, or People’s Defender, and the Ministerio Público, or Public Ministry, are among the most important institutions created by the 1994 constitutional reforms. The People’s Defender, similar to the Scandinavian ombudsman, protects the right of the citizenry in issues related to human rights, social security, public services, health, education, and the environment. It operates with complete autonomy, receives no instructions from any government authority, and initiates investigations proactively or in response to citizen complaints. The People’s Defender also supervises the administration of public agencies and is empowered to investigate government officials or agencies when credible allegations arise of human

rights infringement, abuse of power, malign neglect, discriminatory practices, and other government misconduct. The office has judicial standing, and its actions have parity to judicial proceedings. The defender is appointed by Congress with the vote of two-thirds of the members present of each chamber for a nonrenewable term of ﬁve years. He or she enjoys all the immunities and privileges of legislators. The Public Ministry instead is an independent body that promotes the defense of the public interests of the community in coordination with the other government authorities.

Crime Crime Classification As prescribed in the Argentine penal code, the major categories of criminal offenses against individual citizens include (1) crimes against a person (e.g., murder or injuries in quarrel, duel, assault with weapon, and abandonment of a person); (2) crimes against honor (e.g., calumnies or slander, libel or defamation, crimes against sexual integrity, and crimes against marital status); (3) crimes against an individual’s freedom (e.g., violation of domicile or trespassing, violation of correspondence, crimes against freedom of work and association, crimes against freedom of assembly, and crimes against freedom of press); and (4) crimes against property (e.g., theft, robbery, extortion, scams and frauds, usury, and usurpation). Additional categories include (1) crimes against society and public safety (e.g., ﬁres and other damages, crimes against the security of transportation and communication, piracy, crimes against public health, and adulterating drinking water, food, or medicine); (2) crimes against public order (e.g., incitement to commit crimes, illicit association, public intimidation, and vindication of a crime); (3) crimes against national security (e.g., treason and crimes that threaten the peace and dignity of the nation); (4) crimes against public authorities and the constitutional order (e.g., sedition); (5) crimes against public administration (e.g., abuse of authority and violation of the duties of public officials, bribery and inﬂuence peddling,

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Argentina

embezzlement of public assets, business dealings incompatible with the exercise of public functions, extortion, false testimony, concealment and laundering of assets derived from criminal activities); and (6) crimes against public trust (e.g., counterfeiting, falsiﬁcation of documents). On June 24, 2008, the Argentine Congress promulgated an innovative law that sanctions information technology crimes. Law number 26388, set to be part of article 77 of the Argentine criminal code, deﬁnes the following behaviors as crimes: distribution and possession with the intent to distribute of child pornography, e-mail violations, illegal access to information system, distribution of viruses and damage to information systems, aggravated crimes against information systems, and interruption of communications.

Crime Statistics Crime is a serious problem in Argentina, but one that is becoming better managed and under control. Recent crime trends show that the catastrophic economic collapse of 2001 led to a subsequent breakdown of social order in 2002, when the overall crime rate peaked at 369.7 offenses known to the police per 100,000 inhabitants, according to the Instituto Nacional de Estadistica y Censos. However, as the economy recorded a robust recovery in subsequent years, the overall crime rate also decreased at a gradual, yet steady pace, to hover around 332.9 offenses per 100,000 inhabitants in 2005. Intentional homicide dropped most signiﬁcantly, from 9.47 offenses per 100,000 inhabitants in 2002 to 5.24 offenses per 100,000 inhabitants in 2006. The fact that 20.6 percent of the population in the urban areas remained below the poverty line in 2008, down from over 50 percent in the immediate aftermath of the 2001 economic crisis, suggests that public safety still rests on a fragile social fabric. Street crime is becoming increasingly more violent and often is perpetrated with a ﬁrearm: it is estimated that there are anywhere between 800,000 to 2 million unregistered weapons in Argentina. Although criminal activities are high in comparison to countries of similar social development, they

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are concentrated in urban areas, especially Greater Buenos Aires, Cordoba, Rosario, and Mendoza. Urban crime includes pickpocketing/purse snatching, scams, mugging, express kidnapping, residential burglary, home invasion, thefts from vehicles (smash and grab), sexual assaults/rape, car theft, and carjacking. The wealthier neighborhoods of metro Buenos Aires suffer high rates of property crime, with some high-income areas often registering as many complaints as some of the poorer and supposedly more dangerous parts of town. Highway robbery is not uncommon and largely affects commercial vehicles. Between 2002 and 2005, the rate of property crime declined by 18 percent, from 2,485.6 offenses per 100,000 inhabitants to 2038.7 per 100,000 inhabitants. Unlike property crimes and other forms of violent offenses, sex offenses appear to show a stability that is resilient to changes in socioeconomic circumstances. The rate of sex crimes known to the police ﬂuctuated minimally around 27.5 offenses per 100,000 inhabitants during the 2002–2005 period. Argentina is still considered a transit country for drugs, but local consumption is increasing, with growing demands for cocaine and other derivatives by middle-class youths. Drug crimes rose dramatically in recent years, from 42.4 offenses per 100,000 inhabitants in 2002 to 61.7 percent per 100,000 inhabitants in 2005.

Finding of Guilt Players in the Criminal Justice System Argentina has a federal system of government. The competence of the justice system in Argentina is divided into two jurisdictions: the provinces and the federal jurisdictions. Although procedures may vary depending on the level of jurisdiction, each provincial state has autonomy to administer and organize its judicial system. Overall, both federal and provincial state judicial systems are divided into two types of courts: the civil court and the criminal court. Provincial states have in addition the labor forum or courts that deal with labor legislations. An understanding of this division is important because, in Argentina, depending on the legal

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classiﬁcation of crime, whether it falls under the federal or provincial jurisdiction, criminal case procedures are conducted under federal or judicial provincial courts (Criminal Procedural Code [CPC], articles 22–33). In this regard, under the federal level, individuals accused of crimes that violate federal law are prosecuted by the public prosecutor, a member of the Public Prosecutor’s Office (in the United States, this corresponds to the Attorney’s General Office). Amid many responsibilities, the public prosecutor has the primary role of acting as the plaintiff and the attorney for the federal state interests. Under the provincial level, the public prosecutor, or el agente ﬁscal, is responsible for conducting the public criminal cases (CPC, article 5). It is important to note that in Argentina, the prosecutor acts not only as the accuser in public criminal matters but also as a guarantor (ﬁscal) of the law and of the legality of the procedure. Thus, the prosecution may intervene in all stages of the investigation and review at any time the proceedings (CPC, article 198). Another player in the Argentine criminal justice system, whether at the federal or provincial level, is the lawyer, or abogado. According to the CPC, chapter 7, lawyers have some obligations once they have accepted to proceed with the defense. Article 106, for instance, says that the defense lawyer is obliged to defend once he or she has accepted the case, except when there is valid excuse. Additionally, the Argentine procedural code asserts that no more than two lawyers are allowed to defend the accused.

Criminal Investigation and the Prosecution The criminal investigation in Argentina is initiated in a variety of ways. The CPC, article 174, permits any individual, whether he or she is the victim of a crime or has knowledge that a crime has occurred, to report it to the judge, the public prosecutor, or the police. Some individuals, however, according to the CPC, are obliged to report a crime (article 177), including public officials in the exercise of their functions—for example, public prosecutors, judges, police, and any individual whose job is related to the exercise of medical profession. If the announcement of a crime is given to a judge,

he or she will immediately transfer the information to the public prosecutor, who is the authority responsible for bringing public criminal prosecution under the CPC. This does not exclude the criminal judge, who in Argentina law has an active role, from beginning an investigation within his or her judicial power. The judicial police are the primary investigators in the Argentine criminal justice system. Although their functions are under the supervision of the Public Prosecutor’s Office, the police have autonomy to initiate an investigation anytime they have knowledge that a crime has occurred. The police force’s roles include (but are not limited to) receiving the report of a crime, interrogating witnesses, and collecting information or material as evidence of crime. The procedures so far explained pertain to crimes that do not depend on private initiation. The Argentine criminal code has classiﬁed some crimes as private offenses that require the victim or legal representative for the initiation of a criminal procedure. Crimes that depend on private initiation include sexual crimes; minor injuries, except if committed with intent; slander and libel; and other minor offenses, all enumerated in the Argentine criminal code. Private crimes are then reported via querellas, a petition that an individual uses to describe the offense to the designated authority, whether the police, the public prosecutor, or the judge. Given the initiation and termination of the investigation, the public prosecutor in possession of evidence and information on the crime committed will ﬁle a report, which will contain who the accused is, what criminal offense he or she has committed, and further investigation the prosecutor believes necessary for the criminal procedure. If the accused does not have a lawyer or cannot afford one, it is during the arraignment phase that the judge will assign to the accused a public defender, who is also a member of the Public Prosecutor’s Office.

Rights of the Accused Argentina’s penal code and criminal procedure code delineate the rights of the accused in the criminal justice system. In this regard, it is important to note that the understanding of the rights of the

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Argentina

accused under the Argentine criminal justice system is somewhat different from that of the common law system. During the investigation conducted by the police, the accused cannot be questioned by the police without the police ﬁrst explaining to the accused that he or she has the right to an attorney and can refuse to answer any question, but that if he or she decides to answer, the accused is not required to swear to say the truth and cannot be coerced to confess to the crime he or she is accused of committing. If an arrest is made, police may detain suspects for up to 10 hours without an arrest warrant as long as the authorities have probable cause to believe that the suspect may have committed the crime or is about to commit a crime. The police can also detain the suspect for a crime if his or her identity is unclear or has not been determined. Although police can withhold the suspect for 10 hours, he or she has the right to promptly appear before a criminal lower-court judge who will determine whether to proceed with the investigation and to maintain the suspect into custody. In the arraignment stage, in which the judge is involved, the judge has to inform the accused what crime he or she is accused of and what evidence exists against him or her, as well as inform the defendant that he or she has the right to remain silent, which will not be used as presumption of culpability. The accused has the right to an attorney, and if one is not available, the judge can assign a public defender to represent him or her before the criminal court. The procedural code also requires that the public defender meet with the defendant regularly to inform him or her of the status of the case. It is important to note that while awaiting conclusion of the investigation or while undergoing trial, individuals who have been indicted can be detained for up to two years. It is at the discretion of the judge, with request of the defendant, and after informing the public prosecutor, to release the defendant. Trials are public, and a panel of judges decides guilt or innocence. As a reaction to the abuses and excesses of past military regimes, Argentina has been moving from an inquisitorial procedure driven by closed and written proceedings toward a more participatory adversarial system based on oral and

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public proceedings. Trials in the federal and provincial criminal courts are oral, which replaces the old system of written submissions. Argentina’s Constitution of 1853 instituted the right to a jury trial, but no regulation has ever provided for juries. Legislators have long debated whether to adopt the jury trial. The ﬁrst experiment came in 2005 when the province of Cordoba adopted lay participation in criminal trials through mixed tribunals composed of eight jurors and three professional judges. Also in the same year, and for the ﬁrst time in 60 years, the nation’s Supreme Court addressed the question of trial by jury and dictated that mixed tribunals were a valid and probably preferable alternative to trial by jury. It is still unclear whether the Cordoba experiment is just an anomalous exception or the beginning of a trend.

The Criminal Judges and the Criminal Courts In Argentina, a speciﬁc body called the Council of Judges has the role of creating a list of judges. This council, created by the Constitution, is composed by members of Congress, the Supreme Court, and professional organizations. Its function is to evaluate applicants to the courts based on an objective basis. The reason for such a diverse composition, with representatives of the judicial power, legislators, and lawyers elected by their peers in their respective jurisdictions, is to ensure that the evaluations of the candidates are objective and fair. The list of the candidates is then given to the Senate for conﬁrmation. Judges in the Argentinean justice system do not have a mandatory retirement, meaning that they can hold their position until they decide to resign. Life tenure notwithstanding, they can be removed from office under certain circumstances stated in the Constitution. For instance, after committing a serious fault in their duty, or committing any crime, judges can be tried by special courts and, if condemned, removed from office. The special courts composition varies depending on the position the judge held. If the case of impeachment is against a member of the Supreme Court, the special court will be composed of the entire Senate. However, if the case is against a simple judge, a special jury will be created.

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| Argentina

This process ensures their right to defense. The Senate and special jury decide only whether the judge should or should not be removed from office.

Juvenile Justice System The age of criminal responsibility is 18 years old or older, which means that individuals who have not yet reached 18 years old can be tried only by the Juvenile Justice System. Legislation in Argentina provides individuals under the age of 18 with special protection. An example is Law 26.061, which states that the government must guarantee both children and adolescents, in addition to all the rights provided by the national Constitution, the following rights: (a) to be heard before a competent authority; (b) to have his or her opinion primarily considered at the time of the decision; (c) to have specialized legal counsel, which should be paid by the government in case of economic barriers, from the beginning to the end of the judicial or administrative proceeding; and (e) to appeal before the superior courts if needed. Argentina has participated in the Convention on the Rights of the Child, a treaty it signed that helps to guarantee children around the world basic social and economic rights. According to child advocates, however, in spite of the enactment of Law 26061, the juvenile justice system still needs to be fully reformed to implement the mandates of that law and of the convention. The current law, 22.278 of 1980, as amended by Law 22.803, on the “criminal regime of minors,” does not provide a punitive juvenile regime that considers the special needs of children and adolescents. Law 22.278 is based on the doctrine of “irregular situation” and does not make a clear distinction between children in need of care and protection and those in violation of the law. Under the current law, a judge can order the detention of children without due process based only on their social situation, and this decision cannot be appealed. There is a 2005 draft bill on juvenile justice pending congressional approval that would fulﬁll these commitments. It establishes limits on juvenile criminal responsibility and procedures to be followed, in accordance with article 40, paragraph 3, of the Convention on the Rights of the Child.

Punishment The Argentine Ministry of Justice and Human Rights is in charge of penal and correctional policy and practices. The 1994 constitutional reform permitted strong inﬂuence from French jurisprudence, which manifests itself most openly in the codiﬁcation of solutions to crime as opposed to merely punishment in the penal code. But the lack of resources available for the rehabilitation of offenders renders the goal of effective social reintegration largely unaccomplished.

Types of Punishment A range of punishments is meted out by the Argentine criminal justice system depending on the severity of the crime. For offenders classiﬁed as adults, the main penal option is deprivation of liberty through imprisonment. The sentences for imprisonment can be life sentences or a speciﬁed amount of time. Other possible punishments include ﬁnes, house arrest, reparations, and compensation for losses. In September 2008, Argentina effectively abolished the death penalty by ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights and the American Convention on Human Rights to Abolish the Death Penalty. The last judicial execution on record in Argentina was carried out in 1916. The standard sentence for murder is a minimum of 8 years and up to 25 years to life. However, this may vary depending on certain aggravating circumstances, such as if extreme cruelty or torture was employed, if it was a murder for hire, or the victim or offender was a police officer. A sentence of 3 to 6 years will be imposed if the act was committed out of passion or if the intention was not to kill but only to harm. A sentence of 1 to 4 years will be imposed if an individual persuades another or helps another to commit suicide. A sentence of 5 to 10 years will be imposed if an individual causes the death of another because of professional negligence of some kind. Abortion is deemed a criminal offense and can carry sentences ranging from 3 to 10 years if it is performed without the consent of the pregnant woman

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Argentina

and 1 to 4 years with the consent of the pregnant woman. Abortion is allowed if the pregnancy is the product of rape and the pregnant woman is not of sound mind. A sentence of 6 months to 2 years is imposed if a woman who is raped has an abortion but is in good mental health. Sentences for the crime of rape also may vary depending on the particular circumstances of the rape. A sentence of 6 months to 4 years will be imposed if there is the threat of rape through the threat of violence or intimidation. A 4- to 10-year sentence will be imposed if the act of rape is actually committed. A sentence of 8 to 20 years will be imposed if any of the following circumstances apply: serious mental or physical damage was caused during the act; the act was committed against a family member; the individual who committed the rape was carrying a sexually transmitted disease and knew it; the rape was committed by two or more people or the perpetrator was armed; the accused is a police officer; or the victim is a minor. Crimes involving theft, burglary, or robbery are dealt with in articles 162 through 185. The basic sentence for simple theft could result in a sentence ranging from one month to two years. A sentence of six years is applied for the following: when the theft involves agricultural equipment or fertilizer, is a case of automobile theft, or if the theft takes place during a ﬁre or natural disaster. A sentence of one month to six years may be imposed if physical force or violence is used in the commission of the theft. If the theft leads to the death of the victim, a sentence of 10 to 25 years may be imposed. A sentence of 5 to 15 years may be imposed in the following cases: if the victim is injured by the perpetrator or if the robbery was carried out with a weapon. (If a ﬁrearm is discharged in public, the minimum and maximum sentencing periods will rise by a third.) These sentences for murder, rape, and theft/robbery are not the complete list of sentences that may be meted out, but they do provide a general overview of the range of possible outcomes. Argentina’s civil law contains details about nearly every possible scenario that may arise in the commission of the various crimes.

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Prisons The Federal Penitentiary Service under the purview of the Ministry of Justice and Human Rights holds in custody and guarantees the safety of defendants awaiting trial or disposition in detention and implements custodial sentences of convicted offenders. This institution is responsible for the management of correctional facilities and related services as well as the rehabilitation of offenders sentenced to custodial sentences in the territory of the Federal Capital and in the provinces under the jurisdiction of the national government. The service manages a total of 28 prisons, 2 penitentiary complexes, and 10 municipal jails throughout the national territory. The correctional system was staffed with 4,399 full-time personnel in 2004. The adult correctional population throughout Argentine prisons totaled 54,472 in 2006. Whereas the prevalence of crime increased by 37 percent between 1997 and 2006, the prison population expanded by 83 percent during the same period. The reliance on incarceration to deal with the problem of violence and crime shows no sign of wavering. Correctional Law N 24.660, article 106, dictates that work is a right and an obligation of inmates. The Argentine criminal code also prescribes that male adult inmates are required to work (article 9), except for those who suffer from some sort of mental illness or disability or are 70 years old or older (article 7). In these special cases, a speciﬁc type of work is provided by the penitentiary administrative system. The purpose of incarceration, according to Argentine correctional law, is to rehabilitate inmates. The law, in this regard, has laid out basic rights and privileges for inmates. Education is a right, and thus, the correctional facilities are required to provide appropriate accommodations for the learning process. Interestingly, Argentine correctional law provides compulsory education to illiterate inmates and those who have not attained the minimum level set by law. Moreover, correctional facilities have to provide to inmates a library adequate to fulﬁll their academic formation, and the library is also to serve a recreational function. Inmates’ rights also include medical assistance, spiritual practices, and social

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| Aruba

relations. It is considered part of the socialization process that inmates maintain their family relations. Thus, Argentina correctional law prescribes that inmates must have the right to periodically communicate, in written or verbal form, with family, friends, relatives, and curators and lawyers. Female inmates and young adults between 18 and 21 years old have special establishments. Female inmates are to be supervised exclusively by female personnel. Appropriate accommodations for pregnant women and childbirth are to be provided. The inmate is authorized, according to the law, to keep her child until he or she is four years of age. After that, some assistance is given to ﬁnd someone to take care of the child. For young adults, special institutions or separate or independent areas of adult facilities are provided to lodge them. The law also requires for young adults compulsory education, professional qualiﬁcation, and maintenance of the family bonds. According to Amnesty International, conditions of incarceration are harsh in most prisons and detention centers, and inmates are ill-treated. Prisoners are reportedly seriously injured in ﬁres in prisons and police stations, allegedly because of lack of help. In response to the problems of overcrowding, maltreatment by correctional staff, and violence that plagued Argentine prisons and detention centers, the Supreme Court, in a landmark ruling in 2005, ordered all correctional facilities in the country to abide by the United Nations Standard Minimum Rules for the Treatment of Prisoners. Despite slight improvements in the province of Buenos Aires, the national picture remains dire. For example, the number of detainees diverted from the overﬂowing prison system to police lockups declined between 2006 and 2007. Yet again, the number of detainees held in police lockups in July 2008 exceeded the number in 2007. The habit of sending criminal suspects to prison to await trial is driving prison overcrowding: in 2008, nearly 77 percent of the prison population was made up of defendants awaiting trial or disposition.

Extradition The ﬁrst law on the extradition of foreigners was enacted in Argentina in 1885 and was replaced by the 1997 Law of International Cooperation in Criminal

Matters. The country is obliged to grant extradition of a criminal alien only if there is an international agreement with the state requesting the extradition. When there is no treaty, Argentina is empowered to agree to extradition but is not obliged to grant it. Argentina maintains bilateral extradition treaties with 18 countries and is a signatory to 4 multilateral extradition treaties. Argentina is one of the few countries in the world that allow the extradition of their own citizens to other countries for offenses committed in foreign lands. The Congress is the only power authorized to determine, by a special law, where trials are to be held in the case of crimes committed by Argentine citizens outside the national territories in violation of international law. Clarissa F. Dias and Hung-En Sung Further Reading Chavez, Rebecca Bill. (2004). The Rule of Law in Nascent Democracies: Judicial Politics in Argentina. Palo Alto, CA: Stanford University Press. Finkel, Jodi S. (2008). Judicial Reform as Political Insurance: Argentina, Peru, and Mexico in the 1990s. Notre Dame, IN: University of Notre Dame Press. Nouzeilles, Gabriela, Graciela Montaldo, and Robin Kirk, eds. (2002). The Argentina Reader: History, Culture, Politics. Durham, NC: Duke University Press.

Aruba Legal System: Civil Prison Rate: High Death Penalty: No Corporal Punishment: No

Background Aruba is an island nation located in the Caribbean Sea, just northwest of the Netherlands Antilles. The island is roughly 74 square miles, with a population of approximately 103,065. Spanish explorers discovered the island in 1499, and the Dutch gained control in the 1630s. For the majority of the time of

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Aruba

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Dutch control, Aruba was part of the Netherland Antilles, a neighboring island group. During the latter part of the 20th century, however, Aruba began a journey for independence apart from the Antilles. In 1986, Aruba officially broke away from its neighboring islands and became a semi-independent nation within the kingdom of the Netherlands.

of criminal offenses into two categories: crimes and infractions. The legislature decides which offenses fall under each of these two categories. Crimes are considered more serious offenses than infractions. Traffic offenses, however, fall under another category called administrative offenses, which are handled by the police, not the courts.

Political Context

Drug Trafficking

The government is a constitutional monarchy with a parliamentary system. A governor is appointed by the monarch to act as the representative head of state. The governor is not expected to openly remark on political topics but is appointed to supervise the island government to make sure that an action is not taken that is contrary to guarantees, rights, or guidelines put forth by the Netherlands. A one-house legislature called Staten consists of 21 members who serve four-year terms and are elected by the citizens of Aruba. The Staten elects a prime minister and deputy prime minister, who head the Council of Ministers. Both the legislature and the Council of Ministers are responsible for the creation of legislation and must agree to pass legislation.

Aruba is relatively close to nations that have high rates of organized crime and drug production. Drug trafficking throughout the island has historically been a common problem because of this location. Unlike destination nations such as the United States, drugs are not trafficked to Aruba for the purpose of sale, but instead the island is used as a portal to funnel drugs to destination nations around the world. In the mid-1990s, the prevalence of drug trafficking through Aruba was so common that the U.S. government considered Aruba to be one of the major illegal drug-transit nations in the world. Today the problem of drug trafficking has been reduced; however, it still is a challenge to the nation. Drugs are easy to obtain in Aruba, which is considered to have caused a considerable amount of the population to become drug users. The government of Aruba considers drug-related crimes to have been the second most frequent offense between the years 2003 and 2006.

Role of Police The Korps Politie Aruba (KPA) is the main police force for Aruba. It is headed by a police commissioner and has four main precincts located in Oranjestad, Noord, San Nicolaas, and Cruz. According to the KPA, the total number of police in 2006 was 425: 337 men and 88 women. Aruba’s police force deals with issues relating to public safety and traffic, and it also conducts criminal investigations under the supervision of the public prosecutor. Aruba also jointly maintains a coast guard with the Netherlands Antilles, which is used to help ﬁght drug trafficking, a common problem for both nations.

Crime Crime Classification The legal system of Aruba is modeled after the Dutch legal system, which breaks the classiﬁcation

Human Trafficking The expanding economy in Aruba, created by a booming tourism industry, has created many jobs on the island. One drawback to this demand for labor is that it also may have led to an increase in illegal trafficking of people to ﬁll the demand for labor on the island in both legitimate ﬁelds, such as construction, and illegitimate ﬁelds, such as prostitution. Although it is unclear as to how many individuals are actually brought illegally into Aruba, the U.S. Department of State has suggested that more effective methods to counteract the trafficking problem need to be put in place and utilized by Aruba.

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Crime Statistics Aruba’s Central Bureau of Statistics (CBS) provides some annual crime statistics. In 2007 there were 4,945 burglaries, 459 car thefts, 333 assaults, and 863 acts of vandalism (cars, buildings, schools, etc.). Aruba’s Department of Public Health reported two deaths in 2004 from homicide, injury purposely inﬂicted by another person, war, and/or legal intervention. The Aruba police department reported the number of drug seizures in 2006 was 109 for cocaine, 12 for heroin, and 340 for XTC pills.

Finding of Guilt Rights of the Accused Under the Constitution of Aruba, all individuals are innocent until proven otherwise, and they have a right to a fair trial, held within a reasonable time span. Any individual in custody of the police prior to being questioned must be informed of his or her right to a lawyer, and if the individual earns less than the nation’s minimum wage, a lawyer will be made available to him or her. There is one exception to this right to legal counsel: if the prosecutor has serious suspicion that a suspect’s contact with a lawyer will prevent justice. If the prosecutor ﬁnds this to be the case, then access to a lawyer can be prevented for up to eight days.

Investigation and Prosecution The public prosecutor is mainly responsible for the supervision of criminal investigations and the prosecution of suspected criminals. Although the police often accomplish the actual fact-ﬁnding associated with investigations, the prosecutor’s duty to supervise the investigation is mainly to make sure the requirements set forth by the law are not violated. The prosecutor also has the choice to drop cases prior to going to trial. Individuals who have a stake in a dropped case can appeal such a decision to the Joint Court of Appeals. The prosecutor can also attempt to settle the case prior to going through the court system through what are called transactions. Transactions can be a variety of stipulations put on the offender that require him or her to pay a ﬁne,

give personal property to the government, provide compensation for actions through work or ﬁnancial means, and so on.

Pretrial Incarceration Individuals who are suspected of committing a crime can be brought into police custody for questioning for up to 16 hours prior to being brought before a judge. This time limit can, however, be extended by the prosecutor if it is deemed necessary for the success of the investigation. It is legally possible to keep an individual in police custody for up to 3 days and 16 hours prior to bringing him or her before a judge. If the prosecutor requests the holding of the criminal in detention, and the judge agrees, an individual may remain in police custody for another 8 days. The prosecutor can, after this period, request that the judge place the suspect in pretrial incarceration for 60 days if it is deemed necessary. In cases dealing with serious offenses, the pretrial incarceration is renewable up to two times, 30 days each time.

Courts The organization and management of the Aruba judicial system is jointly shared with its neighbors the Netherlands Antilles. There are three levels of courts. The ﬁrst level is called the Court of the First Instance. In this court each case is dealt with by one judge who decides the outcome. The decision of this court can be appealed to the next level, which is the Joint Court of Appeals. This second level is shared with the Netherlands Antilles. A board of judges decides cases at this level. The decision of the Joint Court of Appeals can be appealed one ﬁnal time. Cases that make it to this third level are sent to the Netherlands and go before the Supreme Court, and this court is concerned only with reviewing the case’s legal history to ensure the law was applied correctly in the lower levels.

Criminal Court Judges To qualify to become a magistrate, applicants must be 35 years or older and have a law degree from

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Aruba

the Netherlands, Aruba, or the Antilles. Many of the judges presiding over cases in the Antilles and Aruba are actually judges from the Netherlands who are only in Aruba and the Antilles on a temporary basis, because of a shortage of magistrates from Aruba and Antilles. Criminal court judges who serve in both Aruba and the Antilles are appointed by the monarch for life.

Juvenile Justice The age of criminal responsibility in Aruba is currently 12 years. Those younger than 12 cannot, in accordance to the law, be punished or prosecuted for an offense. Aruba uses the same justice system for a juvenile (individuals between 12 and 18) that is used for adults with some modiﬁcations, such as allowing parents to visit a juvenile while in police custody, holding concealed trials for all youth under 16 as well as in some cases where the youth is under 18 to protect the identity, and so on. Although some may see these modiﬁcations as minor, the courts’ special treatment of juveniles is more evident in terms of sentences. Although youthful offenders 12 and older can be held criminally responsible, the law requires the application of special punishments, often much less severe than adult punishments, for individuals under the age of 18. Although a youth’s age is important in sentencing, a youth’s level of maturity is also taken into account for those 16 and older. If a youth is older than 16 and is deemed to have a sufficient level of maturity, then an adult-level punishment can be administered. This also applies conversely to individuals 21 and younger; individuals in this range can receive a youth-level punishment if they are deemed to have an insufficient maturity level.

Punishment Types of Punishment There are two types of consequences for committing criminal offenses, called measures and penalties. Measures are meant not to intentionally punish an individual but rather to protect the community and

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can be issued upon an individual even if the person has not been found guilty of committing a criminal offense. Examples of measures would be conﬁscating property, such as illegal or dangerous weapons; conﬁscating funds from illegal activities; and committing mentally ill individuals who are considered to be a danger to mental health facilities. Penalties are retributive in nature and are used as punishments against a guilty individual for committing a criminal act. Both prison sentences and ﬁnes would be examples of penalties utilized in Aruba. The severity of these different forms would be based on the seriousness of the offense being punished. The death penalty is no longer used in Aruba; therefore, a life sentence is the most severe penalty in Aruba and is relatively rare. Less severe prison sentences can range from 1 day to 20 years depending on the offense.

General Description of Prison Because Aruba is small in size, the nation has only one prison facility, called the Korrektie Instituut Aruba, or KIA. The KIA has a maximum inmate population of 310 inmates. The KIA also has relatively new facilities created specially to deal with female and youth inmate populations, along with up-to-date medical facilities. Although the KIA has recently expanded the size of the facility, along with including special areas for certain inmates, it is relatively understaffed. According to a Council of Europe Report, as of 2007, the total number of individuals working at the KIA was 172, much lower than the required 208 staff needed to properly run the prison. This low number of KIA employees has caused the prison not to be able to effectively use some of the new areas of the prison. Under Aruban law, inmates in the KIA are required to work if they are so instructed by prison staff, although the law accepts forms of training and education as exceptions to the labor requirement. The KIA offers vocational along with educational programs and employment opportunities for the majority of inmates. The physical limitations of the facility and its grounds, however, limit the number of activities offered and the number of inmates

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| The Bahamas

who can participate in certain activities. The KIA typically gives inmates the privilege of at least three telephone calls a month for a maximum of 10 minutes per call. Robert B. Fletcher III Further Reading Aruba Police Force: http://www.kparuba.com/. Aruba’s Official Government Web site: http://www. overheid.aw/. Blickman, T. (1999). “The Rothschilds of the Maﬁa on Aruba.” In Transnational Crime, edited by N. Passas, pp. 123–162. Farnham, Surrey, UK: Ashgate Publishing Company. Kritzer, H. M. (2002). Legal Systems of the World: A Political, Social, and Cultural Encyclopedia. Santa Barbara, CA: ABC-CLIO. Tak, P. J. P. (2003). The Dutch Criminal Justice System: Organization and Operation. Den Haag: Boom Juridische Uitgevers.

The Bahamas Legal System: Common Murder: High Prison Rate: High Death Penalty: Yes Corporal Punishment: Yes

American colonists loyal to the British Crown settled in the Bahamas during the American Revolution. They brought with them their slaves, the ancestors of 85 percent of today’s Bahamian citizens. In the 1960s, after more than 300 years of British colonial rule, the country’s black citizens engaged in organized acts of civil disobedience to gain political control of the Bahamas. In 1964, the Bahamas was granted self-government over its internal affairs by the British government. On July 10, 1973, black Bahamians peacefully established a constitutional parliamentary democracy with regular elections.

Government As a Commonwealth country, its political and legal traditions follow those of the United Kingdom, guaranteeing certain fundamental rights such as the right to a fair trial and protection against arbitrary arrest or detention. The Constitution of the Bahamas establishes a federal government by providing for the executive, legislative, and judicial branches. The legislative branch has the power to make laws, the executive branch has the power to carry out and enforce the laws, and the judicial branch has the power to interpret the laws and judge whether they apply in individual cases. Following the Westminster model, the executive branch is directly responsible to the other branches of government.

Courts

Background The Bahamas is a Caribbean country composed of 700 islands and more than 2,400 inlets spread over 80,000 square miles of ocean and extending east by 50 miles from the Florida coast. The country’s capital, located in Nassau, New Providence, is where 60 percent of the country’s 303,611 citizens reside. Another 46,994 live on Grand Bahama Island, with the remaining citizens living on one of the 17 inhabited “Family Islands.” In addition, there are approximately 30,000 to 50,000 Haitians living on the islands of New Providence, Abaco, and Eleuthera, either legally or illegally.

All actions of the government, its citizens, and the law are subject to the review of the courts to ensure they adhere to the Constitution. The judiciary of the Bahamas is made up of the magistrates’ courts, the Supreme Court, and the Court of Appeal. Most major cases are heard in the Supreme Court, the only court where the defendant is provided with a trial by jury. Justices of the Supreme Court and magistrates’ courts are appointed by the governor-general, acting on the advice of the Judicial and Legal Service Commission. The justices have unlimited jurisdiction in all general, civil, and criminal matters. Their decisions can be appealed to the Court of Appeal, which is the highest tribunal court. The justices of the Court of Appeal are

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The Bahamas

appointed by the governor-general on the recommendation of the prime minister. The Privy Council, located in London, is the highest court in the judicial system and is the ﬁnal Court of Appeal. The magistrates’ courts are the courts of ﬁrst instance and handle crimes that have a maximum sentence of ﬁve years. There are 17 magistrates’ courts in the Bahamas. The governor-general appoints the chief magistrate and two deputy chief magistrates with the advice of the Judicial Legal Service Commission. A magistrate has jurisdiction to try all summary offenses, investigate all charges of indictable offenses, hear and determine any civil case where the amount to be recovered or the value of the property in dispute does not exceed $5,000, and hear juvenile and domestic matters. The Supreme Court is the second-highest court of the country. It consists of a chief justice along with 11 other justices. The chief justice is appointed by the governor-general on the recommendation of the prime minister. Justices of the Supreme Court are appointed by the governor-general with advice from the Judicial and Legal Service Commission. The Supreme Court has unlimited original jurisdiction in civil and criminal causes and an appellate jurisdiction conferred on it by the Supreme Court Act of 1996, which includes appeals from the magistrates’ courts. The Court of Appeal consists of a president who presides over four justices of appeal, plus the chief of the judiciary who is an ex-officio member. The court has jurisdiction to hear and determine appeals from judgments, orders, and sentences made by the Supreme Court. The Court of Appeal also has jurisdiction to hear and determine appeals from matters in a magisterial court with respect to indictable offenses if the court had no jurisdiction in the matter, made an unreasonable decision, passed a sentence based on a wrong principle, involved illegalities that affected the merits of the case, or handed down a sentence that was too severe or too lenient.

Police The Royal Bahamas Police Force (RBPF) is responsible for the internal security of the country, and

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the smaller Royal Bahamas Defense Force (RBDF) is responsible for its external security. The RBPF is modeled after the traditional British constable system and acts as a small paramilitary force headed by a police commissioner. The commissioner, appointed by the governor-general, is supported by a deputy commissioner and several senior assistant commissioners and assistant commissioners. It operates with approximately 2,200 personnel as well as 200 members in its Police Reserve Unit. The police force is organized into three districts: New Providence (where 75 percent of all its officers are assigned), Grand Bahama, and the Family Islands. The police force is divided into several different branches, including the Drug Enforcement Unit (DEU), Central Detective Unit (CDU), Criminal Records Office (CRO), Fire Branch, Security and Intelligence Branch (SIB), Harbor Patrol, Mobile Division, Police Reserve, Forensics, Research and Planning, Community Policing/Relations Unit, Urban Renewal Division, and Complaints and Discipline Unit. The Bahamas Police Academy is located in Oakes Field, Nassau, New Providence and provides a 26-week training program along with continuing education classes for all potential regular police, ﬁre police, police reservists, beach wardens, and local constables. All officers are armed with modern small arms. The RBPF receives signiﬁcant funds from the U.S. Department of State’s International Narcotics Control (INC) program. The INC program trains police units throughout the world to conduct sophisticated drug-trafficking and money-laundering investigations and offers maritime interdiction training. Funding allowed the police force to implement an Automated Fingerprint Identiﬁcation System (AFIS), allowing it to improve its operations in ﬁngerprinting and criminal records research. Over the years, expenditures for the Royal Bahamas Police Force have been increased annually. The government allocated $117,467,000 to the force in 2008 and earmarked $121,932,000 for 2009. The Constitution prohibits arbitrary arrest and detention by police officers. Law enforcement ofﬁcials must conduct arrests openly and, when required by law to do so, obtain warrants authorized

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| The Bahamas

A Royal Bahamas police officer boards a vessel near a possible drug drop zone in the Bahamas, April 6, 2006. (AP Photo/ Wilfredo Lee)

by a judge. However, they are not required to secure a warrant in such serious cases as suspected narcotics or ﬁrearms offenses when probable cause exists. Although the RBPF is generally well-regarded by citizens, there have been charges of corruption. For example, in December 1998, the RBPF Drug Enforcement Unit (DEU) arrested two police officers from the RBPF Drug Canine Unit at Nassau International Airport for working with a cocaine trafficking ring. Over the past several years, police officials proven to be involved in narcotics-related corruption have been successfully prosecuted and incarcerated. Police officials acknowledge that officers have occasionally abused their power but pledge to address any further drug-related corruption swiftly and to the fullest extent of the law. There have also been charges of police abuse of suspects, many of which have involved beatings by

officers to extract confessions from detainees. For example, in 2004, a 19-year-old detainee claimed police stripped him, handcuffed him to a tree, and beat him with a metal pipe to extract a confession before charging him with attempted armed robbery. Human rights watchers and members of the public continue to express concern over such instances of police abuse against suspects. Police officials, while denying systematic or chronic abuses, acknowledge that police on occasion act improperly and pledge to address any wrongdoing by police officers. Police policy requires that an officer involved in a shooting or killing of a suspect automatically be placed under internal investigation. During 2006, police underwent training in human rights issues, including in-house training for officers on use of force, human rights, internal investigations of complaints against police, and corruption.

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The Bahamas

According to the U.S. Department of State, there were 253 complaints against officers in 2005 and 283 in 2006. Of these 283 cases in 2006, authorities resolved 99, with 59 remaining before a tribunal and another 125 still under investigation at year’s end. Of the resolved cases, 16 were handled informally, and the remainder were dismissed or withdrawn as unsubstantiated. Following investigations into complaints against the police during 2006, including unethical conduct, assault, wrongful arrest, and excessive use of force, authorities dismissed 3 officers and brought criminal charges against 15 ofﬁcers, all of which were pending at year’s end. Although police officials insist that their investigations are generally fair and thorough, local human rights observers doubt the force’s ability to investigate itself impartially. In cases of alleged abuse and misconduct, human rights advocates believe that many incidents of improper police behavior go unreported. In response to such concerns, an independent civilian was appointed by the cabinet in 2001 to oversee the Police Complaints and Corruption Branch. The Police Complaints and Corruption Branch, which reports directly to the minister of national security and consults with the police commissioner, is responsible for investigating all allegations of police brutality. The unit determines whether enough evidence of abuse or misconduct exists in a particular case to warrant disciplinary action within the police system or, in some cases, criminal prosecution by the attorney general. Local attorneys and human rights advocates, however, still express concern that the Complaints and Corruption Branch lacks the independent authority needed to impartially investigate allegations of abuse and misconduct and that perceived lack of impartiality discourages the full reporting of complaints. The government reports that it plans to complete the upgrade of a police communication system; increase the number of officers to 2,500; provide upgraded local and international training for junior and senior officers in criminal investigation, forensic, ballistic, and crime scene investigation techniques; enhance insurance coverage for police officers; enhance fairness in promotion policies; establish an independent civilian police board to hear

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appeals from disciplinary decisions by the commissioner of police; and accelerate community policing programs throughout the country.

Crime Age of Responsibility In the statute, an adult is any person age 18 years and older, a juvenile is a young person older than the age of 7 but younger than the age of 18, and a child is deﬁned as any person under the age of 14.

Crime Statistics An abbreviated 2007 crime report was released to the media by the RBPF Research Planning Unit. The Bahama News reported that crimes against persons rose by 37 percent over the preceding year (1,532 in 2007 versus 1,112 in 2006), and crimes against property rose by 10 percent. The murder count rose from 60 in 2006 to 79 in 2007. Although there were no recorded cases of attempted murder in 2005 or 2006, there were seven recorded cases in 2007. Rape cases jumped from 72 in 2006 to 135 cases in 2007, with attempted rapes also increasing (23 in 2006 versus 36 in 2007). Charges of unlawful sexual intercourse also rose from 208 in 2006 to 240 in 2007. In 2006, there were 548 armed robberies, 188 robberies, and 12 attempted robberies. In 2007, these statistics rose to 817 armed robberies, 195 robberies, and 19 attempted robberies. Property crimes saw a smaller rise from the 2006 numbers: 325 burglaries (363 in 2007), 1,531 shoplifting charges (1,542 in 2007), 1,323 stealing charges (1,326 in 2007), 948 thefts from vehicles (1,006 in 2007), and 1,176 stolen vehicles (1,187 in 2007). Although the government conducts intensive public education programs aimed at child abuse, the crime remains a serious problem. According to the Bahamian Ministry of Social Development, there were 672 cases of child neglect reported to officials in 2007. The government report also noted that there were 356 cases of physical abuse, 286 cases of child sexual abuse, 159 cases in need of care and protection, 24 cases of child abandonment, 21 cases of incest, and 20 cases of emotional abuse to a child.

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| The Bahamas

The Royal Bahamas Police Force (RBPF) attributed most murders, home invasions, and robberies to drugs and domestic violence. The drug transit issue is intimately related to many of the nation’s socioeconomic problems, including a rising crime rate and a substantial increase in drug addiction. These problems have been fueled by a high unemployment rate (11,365 unemployed, or 6.9 percent of the labor force in 2000), particularly among the nation’s youth.

it must improve the effectiveness of its court system in gaining convictions against major drug dealers and trafficking organizations by strengthening its drug trafficking laws and improving the prosecutorial capabilities of the police. The country generally cooperates with the United States on extradition requests, based on the 1994 U.S.-Bahamas Extradition Treaty, but with mixed results. There are several such extradition requests pending in the Bahamian court system.

Money Laundering

Drug Offenses According to the U.S. State Department, the Bahamas is a major transit country for cocaine and marijuana bound for the United States from South America and the Caribbean. It is not considered a signiﬁcant drug producer or a producer or transit point for drug precursor chemicals. Located only 50 miles from the Florida coast, the Bahamas has been considered an ideal base for international smuggling. With its many uninhabited islands, a growing stream of tourists, and uncontrolled airstrips, the country has become a critical point on the drug routes from Jamaica and Colombia to the United States. The country participates actively as a partner in Operation Bahamas and Turks and Caicos (OPBAT), a multiagency international drug interdiction cooperative effort established in 1982. Between 2004, and November 2005, OPBAT had seized 840 kilograms of cocaine and 9.0 metric tons of marijuana. Marijuana seizures doubled between 2004 and 2005, whereas cocaine seizures decreased as a result of the breakup of the largest drug trafﬁcking organization in the Bahamas, headed by Samuel “Ninety” Knowles. The government generally cooperates closely with the United States to stop the ﬂow of illegal drugs through its territory, to target Bahamian drug trafﬁcking organizations, and to reduce the domestic demand for drugs within the Bahamian population. However, unreliable jury pools and weaknesses in the drug laws resulted in several major Bahamian drug dealers evading conviction in the 1990s. The Bahamas has been warned by the United States that

Money laundering is also a problem in the Bahamas as a result of drug trafficking. The ﬁnancial needs of drug traffickers, evaders, and money launderers have been met by the offshore banking industry. Its bank secrecy laws, the role of the country as a regional ﬁnancial center, and the existence of a largely unregulated international business corporation (IBC) sector made the Bahamas a natural choice as a center for money laundering and other ﬁnancial crimes.

Violence against Women In 2008, the United Nations General Assembly expressed grave concern about the high incidence of violence against women in the form of domestic violence and sexual assault. In a 2007 United Nations report, the Bahamas was found to have the highest rate of reported rapes in the world, with 135 rape cases reported in 2007, compared to 72 cases in 2006. Additionally, the report found that more than 16 percent of the 2007 murders were found to be the result of domestic violence. Sexual violence within a marriage is not a crime.

Trafficking in Persons There are no laws that speciﬁcally address trafﬁcking in persons, but the law prohibits prostitution and the procurement of persons for purposes of prostitution, either in or outside the country, by force, threats, intimidation, or the administration of drugs. The maximum penalty for prostitution is ﬁve years’ imprisonment, and procurement for the purpose of prostitution brings eight years’

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The Bahamas

imprisonment. Local observers complain that the law does not protect trafficking victims who might be fearful of pressing complaints as a result of the country’s current emphasis on immigration enforcement. There have been reports that persons are trafﬁcked within, to, or from the country, but the full nature and extent of the problem is undetermined. A 2002 report by the International Labor Organization estimated that 35 children were involved in commercial sexual activities, and the government acknowledges that the estimate is generally reﬂective of current levels of exploitation. The lack of a legal prohibition renders it difficult to assess accurately the extent of trafficking within the vulnerable illegal immigrant communities, especially Haitian communities. Although child labor laws exist, observers acknowledge that a small number of children have been involved in the worst forms of child labor, including slavery/bondage, sexual exploitation of children through incestuous relationships, illicit or unlawful activities, hazardous activities, and commercial sexual activities.

Finding of Guilt Rights of Accused Upon arrest, the accused person must appear before the magistrate within 48 hours (or by the next business day for cases occurring on weekends or holidays) to hear the charges being brought against him or her. Police can apply for a 48-hour extension upon simple application to the court and can request even longer extensions when they are able to show sufficient need. The government does not provide legal representation to defendants who cannot afford an attorney unless they are charged with a capital crime. There are currently nearly 600 lawyers qualiﬁed to practice before the Bahamas bar. The Constitution of the Bahamas provides the right to a fair trial, and an independent judiciary is charged with enforcing it. Defendants are presumed innocent until proven guilty in a court of law and are permitted to question witnesses and can view all government evidence against them. They also have the right to appeal to a higher court.

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Bail and Remand The country has a bail system, but individuals who cannot post bail are often held on remand indefinitely. Although the Constitution states that suspects can be held for a “reasonable period of time” before trial, human rights advocates complain that the heavy backlog of cases and court delays result in excessive pretrial detention that can extend two to four years or more. This lengthy remand can act as a strong disincentive to request a trial, given that a guilty plea can actually mean less incarceration time for the defendant, whether guilty or innocent. In 2003, Amnesty International estimated that 41 percent of inmates could not afford legal representation. Human rights activists maintain that this lack of representation might result in quicker convictions for the government, but only because the evidence is unchallenged by defendants who cannot afford an attorney. A lack of representation also contributes to excessive pretrial detention because defendants lack the means to push their case forward to trial. The law prohibits bail for repeat offenders as well as those accused of certain violent crimes. Judges will sometimes authorize cash bail for foreigners accused of minor offenses. Generally, these individuals plead guilty and pay the ﬁne rather than face detainment in the Bahamian prison system and lengthy delays in the court system. Those who go to trial can face indeﬁnite incarceration. For example, according to the U.S. Department of State, in March 2006, the Court of Appeal awarded damages to a man from Japan who had been illegally detained and held in the Bahamian prison system without due process and without a trial since 1992. Human rights activists claim that a lack of transparency in the country’s criminal justice system, along with a lack of legal representation, allows detained individuals such as the Japanese man to become lost within the criminal justice system. In an attempt to address these delays, the Bahamian government instituted the Swift Justice Initiative with the goal of bringing all cases to trial within a two-year time frame. Although it passed through the legislature with the hope of lessening

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| The Bahamas

trial delays and easing the burden on witnesses, the initiative is not without its critics. In November 2006, the Court of Appeal issued two rulings regarding the initiative, ﬁnding undue government inﬂuence on the judiciary process. In one ruling, the judges maintained that the Swift Justice Initiative reduced judicial independence by assessing judges on their conviction rates and speed. The second ruling found that the mechanism for the governmental control of judicial salaries also interfered with judicial independence, hampering the court’s ability to adjudicated cases in a fair manner. These concerns were echoed by other judicial and legal officials, including the president of the Court of Appeal and the president of the Bahamian Bar Association. In response, the government holds that judicial independence is still protected under the initiative and has appealed the ruling. Despite measures to improve efficiency, complaints persist of excessive pretrial detention, outdated record keeping, delayed justice for victims, and a failure to update new laws in the books. Some judges have been brought in from abroad to help alleviate court backlogs. Though familiar with English common law, these foreign judges lack experience regarding Bahamian law and procedures. There are isolated complaints of deviations from normal, fair court proceedings—particularly in civil matters—but there are no indications that this is a widespread problem.

Punishment Types of Punishment The Bahamian Penal Code deﬁnes various crimes and establishes a penalty for each. There are ﬁve categories of punishment for offenses: (1) death, (2) imprisonment, (3) ﬁne, (4) payments of costs, (5) payment of compensation, or various combinations of these. The court also has the option to place an offender under the supervision of the Probation Department. For those crimes that do not contain a speciﬁed punishment, seven years’ imprisonment is given for a felony and two years for a misdemeanor. Some examples of punishments for ﬁrst offenses, as speciﬁed by the penal code, are the death penalty for

murder, treason, and piracy; life imprisonment for attempted murder and manslaughter; 20 years’ imprisonment for arson of a dwelling or building, burglary, and use of deadly means of harm; 14 years to life for robbery; 14 years for housebreaking; 10 years for forgery and common theft; 6 months for trading in prostitution; and 3 months and a ﬁne for keeping a brothel. For second and subsequent offenses, the penalties are increased.

Death Penalty The death penalty has been the mandatory punishment for murder in the Bahamas since British rule. As of 2006, according to The Bahama News, the Bahamas had hanged 50 men since 1929. In 2006, approximately half of the 28 men on death row had been there for ﬁve or more years. In March 2006, the Privy Council, the highest court of appeal for the Bahamas, abolished the mandatory death sentence for murder as being in breach of the Constitution. The attorney general announced that resentencing hearings would be held for all death row inmates. The death penalty still has wide public support in the country, and several new death sentences have been issued since the court decision, although no executions have taken place.

Prison More than one out of every 200 Bahamians is incarcerated, making its rate of imprisonment the eighth highest in the world, according to Amnesty International. Bahamian prisons are operated by the Prisons Department of the Ministry of National Security. Fox Hill is the only prison in the country. In 2005, a new Central Intake Facility was opened, housing 60 inmates. It is used to assess and classify incoming inmates and recidivists for a period of between 7 and 14 days for the purpose of reception, orientation, sentence planning, and housing unit assignment. Bahamian officials maintain that inmates are assessed in a number of critical areas, including escape risk; correctional, educational, medical, social, and psychological history; and special needs. Individual sentence plans are developed for inmates based on their strengths, weaknesses,

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The Bahamas

vulnerabilities, interests, and long-term goals from a psychological, social, and educational position. Sentence plans are designed to ensure that each inmate is exposed to job skills, positive work habits, self-esteem enhancement, and life skill expansion while conﬁned. Prison officials have instituted some technical and vocational programs, and correctional officers have undergone instruction to become certiﬁed trainers. Training facilities are equipped with computers, and the prison offers some educational and literacy programs for prisoners. Approximately 500 of the 900 eligible prisoners participate in training and work release programs. Women prisoners do not have access to the work release programs available to male prisoners. Outside organizations providing aid, counseling services, and religious instruction are reported to have regular access to inmates. Inmates are also allowed approved visitations from family members on the designated visiting days.

Prison Classifications Bahamian prisoners are housed in one of nine housing classiﬁcations: (1) super maximum security, (2) maximum, (3) high medium, (4) medium, (5) minimum security, (6) mental health supervision, (7) juveniles, (8) remand, and (9) women. Inmates sentenced to death or serving life imprisonment sentences, in addition to those who are serving sentences of 20 years or longer and those who are considered escape risks, are housed in the super maximum-security housing unit. Those serving sentences for dangerous, violent offenses such as rape and armed robbery with violence and drug offenses, in addition to multiple recidivists, are housed in the maximum-security housing unit. High-medium supervision applies to inmates convicted of armed robbery (where no violence was involved), manslaughter, child abuse, assault, conspiracy, extortion, incest, arson, auto theft, and drug possession (small quantities). Inmates serving life sentences, but who have qualiﬁed to be moved from the super maximum-security unit, are also housed there. Medium supervision applies to persons convicted of robbery, burglary, house and shop breaking, bigamy,

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gambling, forgery, perjury, fraud, and concealed ﬁrearm possession. Inmates convicted of such crimes as vagrancy, trespassing, civil offenses, loitering, littering, resisting arrest, public nuisance, offensive language, stealing, and poaching are housed in the minimum-security unit. Inmates are required to wear specially colored arm bands that serve as identiﬁcation badges for institutional purposes and in the event of an escape. The maximum-security building has a separate section for juvenile offenders aged 16 to 18. There is occasional mixing of juvenile with adult inmates depending on the severity of their crimes. Offenders younger than 16, along with children made wards of the court by their parents because of “uncontrollable behavior,” are held at the Simpson Penn Center for Boys and the Williamae Pratt Center for Girls.

Prison Problems Male prisoners placed in the maximum-security unit are crowded into poorly ventilated cells that generally lack regular running water, toilets, and laundry facilities. Most prisoners lack beds, sleep on pieces of cardboard placed on concrete ﬂoors, and are locked in small cells 23 hours per day, often amid human waste. Maximum-security inmates are allowed outside for exercise four days a week for one hour per day. Inmates complain of inadequate medical care and treatment. Women prisoners are held separately from males. The prison’s female population is around 40 inmates, considerably less than the female unit’s full capacity of 200. Although their facilities have running water, women are detained in solitary conﬁnement and suffer from a lack of women’s health care. There have been repeated, unconﬁrmed, serious allegations of sexual abuse and rape that remain uninvestigated by the authorities. With at least one death reportedly resulting from inadequate medical care and several reported suicides at the prison, Amnesty International reported that access to physical and mental health care is chronically lacking. There are high rates of infectious diseases. It is reported that prisoners suffering

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| The Bahamas

from AIDS, HIV, or tuberculosis (TB) do not receive adequate medical care or drugs. Thirty-two percent of the prison intake population is infected with TB, 20 percent are admitted with HIV, and seven prison deaths from AIDS-related complications have been reported by Amnesty International, although prison authorities estimate that only 8 percent of the population is infected with HIV, according to the U.S. Department of State. Overcrowding among male prisoners is a major problem. In The Bahama Journal, Devaney (2007) reported that the country’s prison is at 129.2 percent occupancy and the prison population is growing. The men’s maximum-security block, originally built in 1953 to hold 450 inmates, holds more than 725. The entire prison system, designed to house 1,350 inmates, stands at 1,359. Further, Devaney stated that the prison remand area, built to hold 358 prisoners awaiting trial, is insufficient to hold the 587 prisoners awaiting trial, leaving many pretrial detainees conﬁned in cells with convicted prisoners in the maximum-security unit. Of the 587 on remand in 2007, 404 had been placed there in 2007, 106 had been remanded since 2006, 39 had been remanded since 2005, 17 had been remanded since 2004, 15 had been remanded since 2003, 5 had been remanded since 2002, and 1 had been remanded since 2001. More than 200 persons were serving time for relatively minor, nonviolent, nondangerous crimes. Twenty-ﬁve inmates were sentenced and incarcerated for vagrancy, 19 for using obscene language, 12 for breach of the Road Traffic Act, 4 for breach of the Fisheries Act, 2 for loitering, and 7 for overstaying their time in the Bahamas. Another cause for the overcrowding is the detainment of Haitians and Cubans for immigration violations. Haitians are frequently denied bail on the basis that they pose a signiﬁcant ﬂight risk. The country’s proximity to Haiti and Cuba has made it a haven for economic refugees, adding to the social and economic problems in the Bahamas. Several have been repatriated, but many are detained for deportation in less than humane facilities. Attempts are made to repatriate illegal Haitian immigrants within 48 hours, but cases of individuals being held for long periods of time are reported. For instance,

authorities held seven Cuban nationals at Carmichael Road Detention Center for more than two years, including ﬁve of whom, according to the Department of Immigration in the office of the UN High Commissioner for Refugees (UNHCR), were determined to have a legitimate fear of persecution if sent back to Cuba. International observers claimed that the length of detention for these detainees was excessive. In 2007, Amnesty International reviewed the prison system and found reports of abuse, including excessive use of force, by members of the security forces. For example, a male prisoner who had been recaptured following a prison escape involving the death of a prison guard was shot dead while handcuffed as he was being transported back to Fox Hill Prison in January of 2006. A prison officer was found guilty of his murder by a Coroner’s Court jury, but the verdict was deferred pending a constitutional review, and he was allowed to remain on duty with pay. Prison officials maintain that there was no unlawful abuse of the escaped inmate, despite prisoner claims and photographic evidence. Immigrants, largely Haitian, also continue to be illtreated within the prison system. The government increased training on use-offorce guidelines adopted in 2005, working with foreign experts on humane prisoner-control techniques. Local attorneys and human rights observers assert that the prison’s Internal Affairs Unit, established in 2005, lacks the independent authority needed to impartially investigate allegations of abuse and misconduct within the prison system. In 2006, there were numerous complaints of abuse by prison guards, but the Internal Affairs Unit recommended that only one officer be prosecuted for the abuse of an inmate.

Other Sentences Although the Constitution of the Bahamas prohibits torture and other cruel and degrading treatment or punishment, law enforcement and corrections ofﬁcials have been known to beat and otherwise abuse suspects and prisoners. Corporal punishment was abolished in 1984 but was reinstated in 1991 for

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Barbados

speciﬁc offenses. According to Bahamian law, sentences of ﬂogging cannot exceed 24 strokes, and whipping has a maximum of 12 strokes. Caning is permitted at police stations but only if performed by a high-ranking official. Cat-o’-nine-tails are allowed at prisons but have not been used for several years, according to prison officials. The government is considering plea bargaining, the use of electronic bracelets, community service, and compulsory education and skills programs to free up the courts and the prison system. Violent and dangerous repeat offenders would not be eligible for plea bargaining or diversionary programs. Officials are calling for the changes because of the high level of repeat offenders who leave the system not rehabilitated and unable to successfully reintegrate into society. With 1 out of every 232 Bahamians, predominantly young men, in the country’s prison system, the country sees the depletion of its human capital and seeks ways to support their integration into mainstream society and legitimate enterprises. Barbara J. Nowak

Further Reading Block, Alan. (1991). Masters of Paradise: Organized Crime and the Internal Revenue Service in the Bahamas. Edison, NJ: Transaction Publishers. Devaney, Clunis. (2007, October 18). National Security Minister Addresses Issues of Crime and Prison Reform. Nassau, The Bahamas: Commonwealth of the Bahamas Press Release. Hanna, Chaswell, Altida Khalfani, and Kemuel Knowles. (2007). The Story of the Royal Bahamas Police Force. Nassau, New Providence: Royal Bahamas Police Force. Johnson, Howard. (1996). The Bahamas: From Slavery to Servitude, 1783–1933. Gainseville: University Press of Florida. Lex Bahamas: Bahamian Online Legal Resource Centre. (n.d.). “Overview of the Bahamian Legal System”: http://www.lexbahamas.com/ overview_of_the_bahamian_legal_s.htm.

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Nowak, Barbara. (2001). “Keeping It Better in the Bahamas: A Nation’s Socioeconomic Response to Juvenile Crime.” Journal of Black Studies 31(4): 483–493. Official Web site of the Government of the Bahamas: http://www.bahamas.gov.bs.

Barbados Legal System: Common Murder: High Corruption: Low Prison Rate: High Death Penalty: Yes Corporal Punishment: Yes

Background Barbados is the most easterly of the Caribbean islands, 14 miles in width and 21 miles in length, occupying a total area of 66 square miles. It is home to about 300,000 residents, and it is visited by thousands of tourists each year. It ﬁrst became known to the European world via a Portuguese explorer in 1536 before being colonized by the British in 1627. Barbados became independent from the United Kingdom on November 30, 1966, and committed itself to universal suffrage and parliamentary democracy based on the British system.

Political Context Under the Constitution of Barbados, the governorgeneral, appointed by the government, represents the monarch, and the cabinet headed by the prime minister has responsibility for the day-to-day governance of the country and control of power. Barbados adopted the Westminster system of governance, which is found and practiced in the United Kingdom. It is a parliamentary democracy led by a prime minister, which means that the political party with the largest number of seats in Parliament forms the government, and the leader of that party automatically assumes the mandate of prime minister.

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The Parliament of Barbados has two parts, namely the House of Representatives and the Senate. The House of Representatives has 28 members who are elected by universal suffrage for ﬁve-year terms. The Senate has 21 members. The governor-general appoints 12 members on the advice of the prime minister, 2 on the advice of the leader of the opposition, and 7 at his or her discretion. The government is responsible for criminal justice policies. The usual practice is for Parliament to debate and pass new laws and amendments, with the approval of the governorgeneral in some cases.

Legal and Criminal Justice System Barbados has a fair and open legal system dating back to the early period of the post-independence era in the mid- to late 1960s. Under its Constitution, Barbados has an independent legal system including the police and the judiciary. The latter is particularly independent in terms of its decisions, although judges of the Supreme Court, the highest court inside Barbados, are usually appointed by the governor-general, as recommended by the prime minister in consultation with the leader of the opposition. The Constitution provides for a judiciary comprising magistrate courts and a Supreme Court. The number of magistrate courts and their authority are established by statute. The Supreme Court consists of two parts, namely the High Court and the Court of Appeals. The High Court and the Court of Appeals have four judges each. The chief justice serves on both the High Court and the Court of Appeals. Some analysts and commentators may see a potential conﬂict of interest in this situation, especially as cases move hierarchically from one court to the next, but it appears to work well in Barbados. The leading political parties accept this practice, and there are other judges on both courts to resolve or overrule any potential conﬂict of interest arising from the chief justice sitting on the benches of the two courts. Barbados has been strongly inﬂuenced by Britain, not only by adopting the Westminster system of governance but also by making the Judicial

Committee of the Privy Council in London the country’s highest court and, thus, the court of last resort. Dissatisﬁed parties can seek redress at the Privy Council, but all decisions of the council are ﬁnal and binding on all concerned.

The Police The Royal Barbados Police Force is organized according to three geographic divisions, namely the Northern, Southern, and Bridgetown divisions. There are three other countrywide divisions—the Operations Support Division, the Administrative Support Division, and the Criminal Investigations Division. Because Barbados is a small country, the divisions support each other mutually. There have been instances where criminal activities were carried out across geographical divisions and where investigations spread across the whole country involving all three divisions. There is also the traffic arm of the police, which maintains law and order on the country’s roads, attends to traffic offenses and accidents, and arranges for the prosecution of people involved in serious traffic offenses. There is considerable cooperation between the police and the country’s army. The army has been called in to help quell prison riots and breakouts and to help catch or rearrest dangerous criminals who have escaped from lawful custody. For example, serious riots occurred in the country’s only prison, Glendairy Prison, in 2005. The prison burned down as a result of the major riots, and the army provided support in dealing with the riots, although armies from neighboring countries also came in to help.

Crime Crime Types and Classifications The Barbados legal system distinguishes between major and minor crimes, each with further subclassiﬁcations. The seriousness of the crime deﬁnes the category in which it falls. Serious life-threatening crimes and property crimes involving huge damages are usually classiﬁed as major crimes, whereas less serious offenses are classiﬁed as minor. Further

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Barbados

distinction is made between “crimes against persons” and “crimes against property.” Both major and minor crimes generally fall within these two broad categories. With regard to major crimes, there is further distinction between non-sex-related crimes (classiﬁed as “A”) and sex-related crimes (classiﬁed as “B”). Type A offenses, falling under the category of major crimes against the person, include murder, serious bodily harm, endangering life, kidnapping, robbery, and so on. Type B offenses classiﬁed as major crimes include rape, indecent assault, assault with intent to rape, and so on. Minor crimes against the person include assaults, wounding, harassment, and the like. Major and minor crimes against property are also classiﬁed as “A” and “B.” Type A major crimes against property include burglary, sacrilege (disrespect of and damage to something which is regarded as sacred), and other related crimes and attempts. Type B major crimes against property include arson, attempted arson, and criminal damage. Type A minor crimes against property include theft and theft-related crimes (motor vehicle, home, wallets, and bags, etc). Fraud-related crimes constitute Type B minor crimes, although corporate fraud may be classiﬁed as a major offense. In addition to the major and minor crimes just discussed, certain speciﬁc crimes are clearly distinguished as “other crimes” and subclassiﬁed under four categories. Drug crimes are subclassiﬁed as Type A, ﬁrearms and ammunition crimes as Type B, escaping lawful custody as Type C, and public order breaches and all other summary crimes as Type D.

Drug Crimes Drugs are a major problem in Barbados, as in the wider Caribbean. A large number of major and minor offenses involve drugs and the use of illegal drugs in one way or another, explicitly or implicitly. Many crimes occur because the perpetrators have used drugs or were involved in crimes against the person or property to obtain drugs or to seek money or something to sell to obtain money to buy drugs. The Barbados legal system classiﬁes as

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criminal activity the possession and use of illegal drugs, the sale of illegal drugs, and the smuggling, trafficking, and distributing of illegal drugs. All sorts of drugs are illegally available in Barbados. The main drugs include marijuana, heroin, and cocaine, as well as party drugs such as GHB and Ecstasy. It is criminal to sell and use any of these drugs. The problem is that Barbados is a small island, and the police cannot patrol or be at every part of the coast at the same time. Drug smugglers have made it a point to use boats, canoes, and other vessels to bring the illegal drugs to remote and isolated beaches of the country, from where the drugs ﬁnd their way to the populated parts of the country if the drug dealers are not caught by the law enforcement agencies.

Juvenile Offenders Most offenders under 16 years old are classiﬁed as juvenile offenders and placed in boys’ and girls’ industrial homes after conviction, whereas offenders aged 17 years and over are usually classiﬁed as adult offenders and sentenced to prison terms to be served in the adult correctional facility. The juvenile detention centers, called the Government Industrial Schools in Barbados, are located at Dodds and Summervale.

Crime Statistics Not only is crime a major problem in Barbados, but the incidence and prevalence of crime are also rising. According to police statistics, between 1990 and 1999, reported incidents of motor vehicle theft increased from 35 to 282, drug offenses increased from 555 to 984, and robbery increased from 352 to 443; however, violent crimes decreased from 383 to 340, and burglary decreased from 2,736 to 2,071. Despite this decrease, burglary was the most frequently reported crime to the police during this period (34.7 percent of all offenses in 1999), followed by other types of theft (16.3 percent of all offenses in 1999). Most of the theft and burglary offenses were committed to raise money to ﬁnance drug habits, as reported consistently in the courts by various prosecutors and admitted by offenders.

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Barbados

More recent police data from the ﬁrst quarter of 2006 (January to March 2006) provides further insights into the nature and pattern of crime. With regard to the contribution of each category to the overall crime level, property offenses are outstanding. The category of major crimes against property was the single-largest contributor to the overall level of crime in the ﬁrst quarter of 2006 (29.01 percent), followed by the category of minor crimes against property (24.77 percent). Thus, crimes against property (major and minor) constituted more than half the number of all crimes in Barbados in the ﬁrst quarter of 2006 (53.9 percent). Of the ﬁve broad categories of crime in Barbados, minor crimes against the person were the third-single-largest contributor to crime, and other crimes constituted the fourth-single-largest contributor in the ﬁrst quarter of 2006 (15.76 percent). The category that made the smallest contribution to the overall level of crime was major crimes against the person, contributing about 10 percent. In terms of speciﬁc types of crime, burglaries, sacrilege, and other related crimes (23.11 percent); theft and other theft related crimes (22.73 percent); and assaults, wounding, and harassment (20.43 percent) made the strongest contributions to crime levels in the ﬁrst quarter of 2006. Escaping lawful custody (0.25 percent), ﬁrearms and ammunition crimes (0.89 percent), fraud-related crimes (2.04 percent), and rape, indecent assault, and assault with intent to rape (2.17 percent) made the weakest contributions to overall crime level during this period. The small contribution of sex-related offenses (classiﬁed as major crime against the person in Barbados) is particularly interesting, given the usually large number of reported cases in the Barbados press. In addition, it is worthy to note that each of the categories of drug offenses, murder, manslaughter, endangering life, kidnapping, and robbery offenses contributed less than 10 percent to the crime level in the ﬁrst quarter of 2006, even though they usually constitute some of the most serious types of crimes in the country. The patterns and trends in crime observed in the 1990s continued in 2006. For example, burglary and theft

of all sorts continued to be the main areas of criminal activity in the ﬁrst quarter of 2006 as they were in the 1990s. Of more concern to most people in Barbados, as reported in the press, is the possession and willful use of ﬁrearms by perpetrators of crime during criminal activity. According to police statistics, there were 7 reported cases of ﬁrearm-related murder in 1999 and six in 2000, but ﬁrearm-related robbery and robbery with assault increased from 75 in 1999 to 138 in 2000, shooting at someone or endangering life increased from 35 in 1999 to 61 in 2000, and unlawful possession of a ﬁrearm increased from 61 in 1999 to 73 in 2000.

Crimes Committed by Foreigners Based on Barbados police statistics, the Caribbean Net News reported that of the 2,831 suspects arrested and charged with various offenses in Barbados between January and November 2005, 75 were Guyanese, 36 were Vincentian, 30 were Jamaican, 20 St. Lucian, and 8 were from Trinidad and Tobago. Further breakdown shows that 29 British nationals were arrested and charged with diverse offenses, together with 10 Americans and 5 Germans. Some other nationalities are also represented, but in very small numbers.

Social Context of Crime Although Barbados is a wealthy country with a fairly high gross domestic product per capita, large segments of the population are unemployed or live on little income. A society where most young people have nothing to do increases the potential of youth to commit crime. There is widespread drug use involving expensive drugs and a cultural practice that encourages males to buy expensive gifts for their girlfriends in a very promiscuous society, both of which support thefts and burglary of all kinds. The girls tend to associate with the males who are able to provide those gifts, making it likely for the males to commit crimes to get the needed money.

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Barbados

Finding of Guilt Rights of the Accused The accused have many rights, including a fair trial, the right to seek legal advice without representation if required, the right to legal representation, the right to appeal the decision of any court in the legal system inside the country, and the right to decide and make a plea (guilty or not guilty) in consultation with their legal representative. Indeed, aggrieved parties can appeal all the way to the Privy Council in London for a ﬁnal and binding decision, if the Privy Council decides that a case for appeal hearing has been established. In Barbados, the accused do not usually have the legal right to plea bargain as such, and deﬁnitely not in the way it works in Western countries. However, plea bargaining occurs in practice when the accused try to negotiate with prosecutors and magistrates in court. The large number of cases, especially those involving robbery, burglary, and theft, means that speedy trial is not usually possible. Most cases have to wait for trial and are slotted in and attended to as court time permits. While awaiting trial, some accused are released on bail and ordered to reappear at a speciﬁed date and time, whereas other accused persons are remanded in custody and taken to Glendairy Prison.

Trial by Jury and Bail Practices In Barbados, the right to a trial by jury does not exist for most offenses. The jury system is used only in serious offenses such as murder, where it is required. For other offenses, the usual procedure is trial before a magistrate who decides and makes a ﬁnding of guilt or otherwise. Most offenders, especially those involved in minor crimes, tend to represent themselves, because free legal assistance is not readily and widely available. The criminal justice system of Barbados allows for the accused to be granted bail if certain conditions are met and if the presiding magistrate is satisﬁed that the risk to the community is minimal. For most nonserious offenses, suspects would be

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expected to seek or apply for bail and be granted it. The decision to grant bail rests with the presiding magistrate. Defense attorneys and prosecuting officers usually make submissions for and against bail, respectively, and the magistrates make the ﬁnal decision after assessing risks to the community and related factors. Offenses such as minor crimes against property (theft and theft-related crimes and less serious fraud-related crimes) and minor crimes against the person (assaults, wounding, harassment) are more likely to attract bail. Bail conditions are becoming increasingly tougher, and many offenders, especially repeat offenders, are ﬁnding it very difficult to be granted bail. Most magistrate courts have consistently made it clear that no bail application would be entertained for offenses involving the use of ﬁrearms, irrespective of the nature of the offense, thus underscoring the seriousness of crimes involving ﬁrearms and ammunition in Barbados. It is normal practice to decline bail for offenders involved in major crimes against the person (murder, serious bodily harm, endangering life, kidnapping, rape, etc.), major crimes against property (arson, criminal damage, etc.), and other serious crimes (escaping lawful custody). Firearms and ammunition and drug charges are also most likely to be refused bail. Like most legal and criminal justice systems around the world, the decision to grant or refuse bail appears to be made primarily on the basis of risk to the community and the seriousness of the offense, although each bail application or case is assessed and determined on its own merits and risks.

Alternatives to Trial and Other Procedures Once criminal investigations conclude that the law has been broken in one way or the other, going to trial is inevitable. Negotiated settlement without going to trial does not usually happen in criminal cases. Medical or other forms of supervision are ordered by the courts pre- or post-trial, and the police cannot order the suspects or accused to undergo any form of medical supervision without due

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process in a court of law. Similarly, offenders requiring treatment that relates to their criminal activity (e.g., mental disorders such as schizophrenia) will still have to ﬁrst go through due process in court. Most criminal cases in Barbados go before the magistrate courts. Each magistrate court is presided over by one magistrate who hears evidence and arguments from both sides—the prosecutors and defense attorneys (or self-represented defendants, as applicable). There are four judges each in the High Court and the Appeals Court, the two courts that constitute the Supreme Court of Barbados. The magistrates and judges are very qualiﬁed to practice law and have the requisite experience to sit on the bench. Most possess a bachelor’s or higher degree in law coupled with many years recognized experience in legal practice in the public or private sector. Juvenile offenders are usually treated as young offenders. Juvenile offenders are remanded in custody or sentenced to a term of detention after conviction, and they are kept in one of the two main industrial or detention homes for young offenders. There are separate juvenile detention homes for boys and girls, but they all have the objective of getting juvenile offenders, especially those who commit serious crimes and repeat offenders, off the streets and out of the community. The juvenile industrial homes or detention centers also work toward stopping and preventing juvenile offenders from graduating into adult offenders.

Punishment Throughout the history of independent Barbados, the single-most widely used form of punishment for convicted offenders has been incarceration. For decades, diverse forms of sentencing such as ﬁnes, corporal punishment, public punishment, probation, home detention or house arrest, probation, reparations, compensation/restitution, and periodic detention were hardly used or not even known in the country’s criminal justice system. Today most offenders are still sentenced to various prison terms, which are served in the country’s only prison, namely Glendairy Prison.

Crime Types and Sentencing Patterns As is expected, the type of sentence meted out depends on the seriousness and type of crime. Murder convictions generally attract capital punishment or life imprisonment. Although provisions exist for the imposition of capital punishment, as of 2008, no convicted criminal sentenced to death had been executed in Barbados in the previous ﬁve years, though Barbados continues to be a strong advocate of the death penalty. Barbados vehemently opposed a moratorium on the death penalty recommended by a United Nations General Assembly Panel in November 2007. The incidence and prevalence of rape is high in Barbados, and punishment for rape and other serious sexual assault offenses has become increasingly severe. On average, offenders convicted of rape, for example, can expect to be sentenced to between ﬁve and seven years in prison, although higher sentences may be given depending on the circumstances and/ or whether a weapon was used in committing the crime. Sometimes rape cases are difficult to determine in Barbados, a problem that is exacerbated by the culture of widespread promiscuity and the fact that many reports of rape are made after the victim’s partner has become aware that sexual intercourse has taken place between the victim and the accused, thus prejudicing the case against some suspects. Another area of concern to law enforcement authorities in Barbados is escaping lawful custody. This is considered a very serious crime in Barbados, attracting what many may consider harsh sentences. The sentencing pattern has evolved over the years as criminals have become more sophisticated in the way and manner they plan and execute their escapes, bringing a lot of embarrassment to the law enforcement authorities. A few high-proﬁle criminals have escaped from lawful custody, undermining the conﬁdence residents have in the criminal justice system of Barbados. To serve as a serious deterrent and to keep drug traffickers and major users off the street and out of the community, punishment for drug crimes continues to be severe. Convicted drug offenders can

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Barbados

expect a sentence of 5 to more than 10 years, with convicted drug traffickers receiving sentences at the higher end of the range, especially if a ﬁrearm is involved in perpetrating the crime. Firearms and ammunition crimes have been considered serious crimes in Barbados for many years. The incidence and prevalence of ﬁrearms and ammunition crimes have been so high that a culture of fear prevails in many parts of the country. The country has responded accordingly with severe sentences. In the early 2000s, for example, magistrates made it clear to criminals that no bail would be granted to any person or persons arrested on suspicion of ﬁrearms and ammunition crimes, regardless of their individual circumstances. In addition, convicted criminals involved in ﬁrearms and ammunition crimes have been given long and severe sentences (ﬁve to seven years on average and higher in some cases). Even so, it goes without saying that these measures have not been successful in preventing ﬁrearm and ammunition crimes, and weapons continue to be used in perpetrating crimes, including some minor thefts. One area where sentencing has varied signiﬁcantly is theft, robbery, and burglary. The level of punishment in these cases by and large depends on the magistrate, the nature of the offenses, whether a weapon was involved, and whether the culprit has previous convictions for similar offenses. Thefts that are not serious, including pickpocketing and shoplifting, may attract a sentence of a few months. More serious burglary and robbery offenses, aggravated by the use of a weapon and/or threatening and/or wounding, can attract longer prison terms of three to more than ﬁve years on average. Minor offenses tend to attract less severe sentences, although most still attract custodial sentences. Minor crimes against the person, such as minor assaults, harassment, wounding, and so on, can attract sentences of a few months up to three or more years in prison, again depending on the circumstances of each case and previous convictions. Minor crimes against property, such as theft and theft-related crimes and minor fraud crimes, also attract less severe sentences similar to or less than those meted out to criminals convicted of minor

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crimes against the person, depending on various factors surrounding each case. It should be further noted that other crimes, such as public order breaches, are treated with seriousness in Barbados, but sentences have varied over the years, with each incident or offense being considered on its own circumstances and merits.

Prison Although prison numbers are not readily available and are not usually published, there is some evidence to suggest that the daily number of prisoners averaged between 900 and 1,050 during the few years prior to 2008, including sentenced prisoners serving their time and those on remand awaiting trial. Indeed, at the time of the prison riots in 2005, the prison housed about 1,000 inmates, including 51 females and 949 or so males. There is only one prison in Barbados, called Glendairy Prison, which is also known as “Her Majesty’s Prison.” Built in 1855, the old Glendairy Prison held both male and female adult prisoners, including those tried and sentenced to prison, as well as those suspects on remand while awaiting trial. The old facility was located at Station Hill in the Parish of St. Michael. Inadequate amenities, overcrowding, and congestion constituted major problems during the operation of the old prison. In 2004, the prison superintendent indicated that the old Glendairy Prison was built to house a maximum of about 350 inmates, but that it was housing more than 1,000 inmates, making life inside very uncomfortable and putting extreme pressure on the inmates and staff of the correctional facility. Successive governments were faced with resolving the problems at Glendairy Prison, as the number of inmates continued to rise and conditions inside deteriorated unabated. They also had to deal with the difficulty of developing and implementing policies and practices that would provide a balance between punishment and humane treatment of prisoners, bearing in mind the difficult living conditions in the prison. These difficulties have been exacerbated by the fact that criminal activity continues to be perpetrated in such a manner as to instill fear among

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residents. Governments are aware that any effort to reduce punishment of offenders would not meet the expectations of residents and would quite possibly result in residents’ loss of conﬁdence in law enforcement provisions. There have been many controversies involving the old Glendairy Prison. For example, sodomy is so widespread in Glendairy Prison that some prisoners see it as a logical source of sex and a normal way of life. This has generated a national debate as to whether condoms should be made freely available to inmates of the correctional facility. The incidence and prevalence of HIV/AIDS have been high in Barbados, and the use of condoms is proven to reduce infection of HIV. Another controversy surrounds the availability and use of mobile phones within the prison. Crime lords have been known to operate from within the conﬁnes of Glendairy Prison. The instrument of communication with accomplices outside the prison is the mobile phone. These phones have been used by prison inmates to order and arrange attacks, to intimidate victims and witnesses, and to foster a continuous perpetration of crime, especially by drug moguls who ply their trade from within the prison using the cellular phone to provide instructions to accomplices living in the community. In addition, circulation of drugs within the prison has sometimes precipitated arguments and ﬁghts among inmates, causing serious bodily harm to those involved in some cases. The availability of illegal drugs serves as a catalyst to enhance and support gang activity within the prison, with the main problem being that the gang activities continue when the inmates are released and returned to the community, resulting in reoffending. This is one main reason why recidivism is so high in Barbados. Like the situation with illegal drugs, there is a marked presence of illegal weapons in Glendairy Prison. Despite the improving security measures adopted and implemented within the facility by officials, weapons including knives and ﬁrearms continue to be found in the facility, creating major concerns for inmates and prison wardens. There have been instances where Glendairy Prison inmates have used weapons to leash attacks on fellow

inmates; to forcibly sodomize other inmates, using the weapons to threaten their victims; and even to attack prison wardens and officials.

Prison Unrest Glendairy Prison has experienced many instances of prison unrest over the years, including in the form of ﬁghts among individual inmates, rival gang attacks, and attacks on prison wardens and related officials, as well as minor disturbances and protests against prison policies and/or practices, especially when a new policy or practice is introduced that has the potential to curtail the beneﬁts prisoners enjoy in the corrections facility. Of all the reported disturbances and unrests, the one that caused the greatest destruction was the prison unrest of 2005. The 2005 Glendairy Prison riots began on Monday, March 28, and are perhaps the most prominent event in the history of Glendairy Prison, in terms of casualties and damage to property. A second ﬁre was set on Wednesday, March 30, causing further havoc and homelessness for the inmates. Although the cause was initially unclear, it was generally believed that an undesired act of sodomy by one inmate on another had resulted in an open ﬁght among several inmates. The attempted sodomy was reported to a warden, and when no speciﬁc action was taken to protect that inmate and other victims of forced sodomy, the inmates took matters into their own hands in a manner never seen before in Barbados. However, forced sodomy is so rampant inside Glendairy Prison that some commentators argued that it could not have initiated the riots. In trying to identify the exact cause of these riots, one should not lose sight of the fact that the inmates had been under a lot of stress and pushed to the limit from the overcrowded and harsh prison conditions and were probably ready to explode at the earliest opportunity and from any cause. The ﬁght spread among other inmates and ﬂowed into a major broad-based disturbance. The prison was set on ﬁre, causing extensive damage to the roof, and two buildings housing the kitchen, bakery, and the library were virtually destroyed and rendered unusable. The situation appeared disastrous, given

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Barbados

that Barbados has only one adult prison. The government and prison officials had to decide and act quickly. A decision was made to evacuate both male and female inmates to undisclosed locations on the island for security reasons. It must be stressed right from the outset that the riots were well contained within a short time, thanks to the effective actions of prison officials, government policies, and regional cooperation. For example, the decision of the government to erect an internal perimeter fence inside Glendairy Prison a few months before the riots paid off and prevented inmates from escaping. No inmate escaped, all inmates were accounted for, and at no stage was the community at serious risk. Although damage to prison property was the main highlight, it is worthy to note that there were human casualties as well. One male inmate was killed, and 13 people, including 6 prison officials, were taken to the country’s main hospital, Queen Elizabeth Hospital. One inmate had to undergo surgery after he was severely beaten by fellow inmates for attacking a prison official. One prisoner received two gunshots to the hip, and a few others were treated for burns to the scalp and rope burns around the neck indicating an attempted strangulation. As expected, the fumes caused severe problems for inmates and prison officials with preexisting asthmatic conditions. As details emerged, it became clear that many inmates had endured injuries that were not severe enough to require hospital treatment. The old dilapidated Glendairy Prison was burned and uninhabitable as a result of the prison riots of 2005. It has since been replaced by a new prison, also called Glendairy Prison. The new Barbados prison is located at Dodds in the Parish of St. Philip and has better facilities than the previous prison. It started housing prisoners early in 2007. A signiﬁcant outcome of the Barbados prison riots was the special powers given to law enforcement authorities in the country as a result, especially the police and the military. The Parliament of Barbados passed legislation that gave the police and the military greater powers to deal with criminals and prisoners and oversee the detention centers, although such powers were initially seen to be

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temporary. An amendment to the Prisons Act allowed the police and soldiers to carry guns in prison and to use them to foil escape attempts and control riots, if necessary. It also gave them the power to challenge, guard, transport, and search without the requirement of having prison wardens around, powers that had never been seen before in Barbados.

Prison Programs Rehabilitation and employment programs are available to inmates of Glendairy Prison. However, participation in these programs is not automatic, and inmates have to earn the right or privilege to participate in most of the programs, especially the employment programs. Even so, most drug offenders are usually allowed to take part in the drug rehabilitation programs. Rehabilitation programs take various forms, but most are targeted at inmates convicted of drug and drug-related offenses. The distinct feature of the drug rehabilitation program in Glendairy Prison is that only inmates who have served a substantial portion of their sentence and are about to be released into the community are eligible for participation. The main objective is to make them drug-free and to help them cope with drug problems on reentry into the community and avoid reoffending. The Inmate Drug Rehabilitation and Counseling Program is prison-based and available to both male and female inmates. There are about ﬁve main components, namely education, treatment, prerelease counseling, individual counseling, and connection with or referral to community-based rehabilitation services on release. Inmates who participate in the program are provided with drug-related education, given treatment as appropriate for their drug addiction or problem, and counseled about potential problems, temptations, and issues before their reentry into the community. Individuals who are considered likely to have difficulties resettling are provided with individual counseling. This type of counseling is tailored to the needs of the particular individual to facilitate his or her return to the community, as well as prepare him or her for life outside Glendairy Prison. Individuals who are not able to

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participate in the group prerelease counseling services are also provided with opportunities for individual counseling. Glendairy Prison’s Inmate Drug Rehabilitation and Counseling Program operates under the auspices of a program coordinator. Participants are introduced to concepts of addiction and are encouraged and taught how to undertake self-assessment. More importantly for successful reentry into the community, participating inmates are prepared to survive relapses through the provision of speciﬁc program components that deal with relapse prevention. Pressure is put on inmates to redeﬁne the thinking and previous lifestyle that brought them to the prison. They are made to assess and reassess the cost of their drug use and its consequences— ﬁnancial, human, material, and otherwise. Yet another salient feature is the focus on spirituality, which tends to bring humility and an element of sadness and remorse to a number of participating inmates. The Glendairy Prison Rehabilitation and Counseling Program adopts and uses some of the approaches of community-based drug and alcohol rehabilitation programs. A case in point is the emphasis put on the 12-step recovery model usually used by groups such as Alcoholics Anonymous and Narcotics Anonymous. On release, all participants are referred to or connected with a community-based rehabilitation agency to enable them to continue with further rehabilitation and to assist with their successful resettlement. Despite all of these practices, recidivism or reoffending involving illegal drugs is high in Barbados. All other inmates receive prerelease counseling and individual counseling where necessary. They are also exposed to education and crime-prevention activities. Some of the inmates are connected with community agencies to assist with their resettlement into the community after their release from prison.

Prison Employment Programs Like many prisons elsewhere, there are provisions for inmates of Glendairy Prison to have access to employment during the period of their detention.

As alluded to previously, inmates do not have automatic access to employment and have to earn the privilege to work during the period of their incarceration. Different types of work are available, including cleaning, assistance in the kitchen, and the inhumane job of carrying the “poo bucket.” With the building of the new Glendairy Prison, some of the nasty jobs have been phased out. Pay levels for prison inmate jobs have been low, rising from a few Barbados dollars to about 10 Barbados dollars. Needless to say, most jobs in prison attract low pay levels elsewhere as well, and thus, the situation in Barbados is not entirely unique to the country. David Achanfuo Yeboah Further Reading Barbados National Task Force on Crime Prevention. (2004). Crime and Justice Bulletin 4: Prisoners in Glendairy Prison. Bridgetown: National Task Force on Crime Prevention. Brathwaite, Farley, and Yeboah David. (2004). “Victims of Crime in the Criminal Justice System of Barbados.” Journal of Criminal Justice 32(2): 431–442. Royal Barbados Police: http://www.barbados police.gov.bb/. Yeboah, David A. (2002). “Crime and Its Solutions in Barbados.” Journal of Criminal Justice 30(5): 409–416.

Belize Legal System: Common Murder: High Corruption: Medium Human Trafficking: Medium Prison Rate: High Death Penalty: Yes Corporal Punishment: Maybe

Background Belize is a thinly inhabited country located between Mexico and Guatemala and bordering the Caribbean

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Belize

Sea. Its population of 310,000 residents occupies an area of 22,966 square kilometers, which is about the size of the state of Massachusetts. About half (48 percent) of Belizeans live in rural areas, and nearly 25 percent reside in the largest city and former capital of Belize City. The comparatively low life expectancy at birth (68 years) and the very high fertility rate (3.4 children per woman) have converged to render Belize a very young nation: youths younger than 14 years of age constituted more than 34 percent of the population in 2009. Ethnic diversity and linguistic plurality characterize the Belizean society. Mestizos of mixed Mayan and European descent represent 44 percent of the population, Creoles of Afro-European ancestry account for 30 percent, Mayan Amerindians top 11 percent, Garifunas or Afro-Amerindians constitute 6 percent, and the remaining 9 percent include Europeans, East Indians, Chinese, Middle Easterners, and North Americans. English is the official language and spoken by all, and a Creole dialect is spoken by most. Spanish is the native tongue of half of Belizeans and used as a second language by another one-ﬁfth. Mayans still speak their indigenous languages within their own groups. About half of the population is affiliated with the Roman Catholic Church, and the other half follows various brands of the Protestant faith. Tourism and exports of marine products, citrus, cane sugar, bananas, and garments form the backbone of Belize’s small economy. The gross domestic product per capita, adjusted for purchasing power parity, reached US$8,400 in 2009, and 34 percent of the population lived under the poverty line. Because of persistent economic hardships, the country has developed a chronic dependence on foreign aid assistance. About 77 percent of Belizean adults are literate, and over 8 percent of the labor force was unemployed in 2007. Several Mayan city-states prospered in what is today the territory of Belize until their decline at the end of the 10th century. The British and Spanish wrangled over the territory for more than a hundred years until Belize formally became the crown colony of British Honduras in 1862. In the 20th century, various constitutional reforms were passed to

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enlarge the representativeness of the government. Full internal self-government of Belizeans under a ministerial cabinet was granted in 1964. Territorial disputes between the United Kingdom and Guatemala delayed the full independence of Belize until 1981. Belize is a parliamentary democracy and a Commonwealth realm. The government is organized into executive, legislative, and judicial branches. The British Monarch is head of state and represented in the country by the governor-general appointed by the monarch. The governor-general names the prime minister and appoints the cabinet on the advice of the prime minister. The prime minister, usually the leader of the majority party or coalition prior to the legislative elections, is chief of government. Cabinet ministers are members of the majority party in the National Assembly and usually hold elected legislative seats concurrently with their ministerial appointments. The National Assembly performs legislative duties and consists of a House of Representatives and a Senate. The 31 members of the House are popularly elected to a ﬁve-year term, and the governor-general appoints the Senate’s 12 members to a ﬁve-year term on the advice of the opposition party, major church bodies, trade and commerce chambers, and other civic groups. The judicial branch is formed by local magistrates, the Supreme Court, and the Court of Appeal. In 2001, Belize joined with most members of the Caribbean Community (CARICOM) to create a Caribbean Court of Justice (CCJ), which began operations in April 2005. It has largely replaced the Judicial Committee of the Privy Council in London as the highest court of appeal, which still hears appeals from the Court of Appeals from Belize under certain circumstances. The CCJ is a hybrid institution acting both as a municipal court of last resort, hearing appeals from common law courts within CARICOM jurisdictions, and as an international court with compulsory and exclusive jurisdiction in the interpretation of the Treaty of Chaguaramas, which gave birth to the Caribbean Community and Common Market (CARICOM’s ﬁrst official name) in the ﬁrst place. The Belizean judiciary has not accepted compulsory International Court of Justice (ICJ) jurisdiction.

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Legal System The Belizean legal system comprises several departments and offices, including the Judicial Branch, the Attorney General’s Ministry, the Director of Public Prosecutions, the Legal Advice and Services Center, the Ombudsman, and the police. The judiciary is headed by the three-member Supreme Court, which has the authority to settle constitutional disputes and is the trial institution with unrestricted jurisdiction over criminal matters through the subordinate summary jurisdiction courts and civil matters through the subordinate district courts. The chief justice is appointed by the governor-general on the advice of the prime minister after consultation with the leader of the opposition party; the other two justices are also appointed by the governor-general on the advice of the judicial and legal services section of the Public Service Commission. The Court of Appeals, integrated by a president and three justices of appeals, has unrestricted jurisdiction over civil and criminal appeals. At the bottom of the judicial system are the magistrate courts found in each of Belize’s six district capitals. Magistrate courts have ample jurisdiction over summary offenses and limited jurisdiction in more serious offenses. The Family Courts Act of 1988 created district family courts to processed juvenile offenders. In 2005, 19,500 cases were ﬁled in the Belizean judicial system; 78 percent of them were criminal cases, 21 percent civil cases, and 1 percent family matters. Of these ﬁled cases, 17,092 cases (88 percent) were disposed: 79 percent of the disposed cases were criminal, 20 percent were civil, and 1 percent were family law cases. A total of 26 judges were employed by the system in 2007: 7 justices in the Supreme Court, 4 judges in the Court of Appeals, and 15 judges in the magistrate courts. The Attorney General’s Ministry represents the executive branch in the legal system and advises the government on legislation and provides legal counsel to government offices in civil matters. The attorney general has the rank of a minister and is required to possess ﬁve years of experience as a practicing lawyer or to have served in a court with criminal and civil jurisdiction in Belize or another

Commonwealth member country. The director of public prosecutions initiates and monitors the prosecution of all criminal offenses occurring within the national territory. This office is administratively a part of the Attorney General’s Ministry, but the Constitution establishes that it is autonomous and not subject to the oversight or control of any authority. The director works with crown counsels who follow the director’s orders and prosecute offenders of serious crimes (such as homicide, armed robbery, and rape) and appear before the Supreme Court throughout the criminal proceedings. Civil prosecutors and police handle minor crimes that are prosecuted in the magistrates’ courts. In 2006, there were a total of 15 crown counsels and civil prosecutors, who initiated prosecution against 90 defendants in 77 separate criminal cases. The Legal Advice and Services Center was established in 1981 to provide legal defense to indigent defendants without the economic means to hire private counsel. The center was ﬁrst supported by funding from an international consortium led by the U.S. Agency for International Development (USAID). Today, the center is funded completely by the Belize Bar Association. Services are provided by private attorneys appointed by the Supreme Court’s Records Office. Eligible private citizens involved in criminal, family, small claims civil, and other types of cases can request service. In 2006, public defense or other legal services were provided to 124 new cases by the center; 19 (15 percent) were criminal cases. The ombudsman is in charge of the protection of civil liberties; appointment by the governor-general notwithstanding, the ombudsman acts as an independent check on governmental abuses of power. The most frequent complaints made against criminal justice authorities involve allegations of misconduct and abuse by members of the police and of the Department of Corrections. The civil police force under the Ministry of Home Affairs is in charge of order maintenance, peace preservation, protection of life and property, crime prevention and detection, law enforcement, arrest of crime suspects, and criminal investigation. The governor-general is constitutionally authorized to use the police as a paramilitary force to defend

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Belize

Belize in a state of war or emergency, at which point all police officers become subject to military legislation and command. The Belizean police regularly work with the director of public prosecutions in the pursuit of crime suspects and the investigation of crime. They also transport inmates to and from court. The Belizean police force manages special task divisions, including narcotics, criminal investigations, the Special Unit, and the Office of Internal and Disciplinary Affairs. In 2008, members of the Belizean police force numbered 1,240.

Juvenile Justice The family courts established by the Family Courts Act 1990 handle the trial and sentencing of juvenile offenders. The lead judge of a family court is trained in youth welfare, social work counseling, and paralegal studies, and the remaining judges are trained in law. Family courts have jurisdiction over juveniles who are in need of care and protection, as well as juvenile offenders. Juvenile matters are heard twice a week. Probation officers usually attend the juvenile court sessions. Separate from other courts, family courts occupy buildings where other social service agencies are conveniently housed. In jurisdictions where a family court is not available, summary juvenile courts following the same procedures are made available. Once a child is arrested, the arresting officer must seek out his or her parents before interrogating the child. In the absence of a parent, the child must be questioned in the presence of a probation officer. After the judge explains the charge in simple language, the juvenile may or may not admit the offense. If the offense is admitted, the judge will hand down sentence only after the receipt of a presentencing or social inquiry report on the juvenile. If the charge is not admitted, the case has to be decided by evidence. The juvenile has the right to cross-examine witnesses, to present evidence, and to call witnesses. If the charge is proved, the judge will again rely on a presentencing report for sentencing. The 1994 Criminal Justice Regulations provide community service as a form of punishment for offenders over 14 years, yet because of lack of

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coordination, staff training, and public support, this option is underutilized. Detention in segregated units within the Hattieville Prison remains the most widely used measure; education, training, and counseling programs are offered on-site, but solitary conﬁnement and corporal punishment are also adopted as disciplinary sanctions. Non-drug, nonviolent ﬁrst-time offenders can be diverted to community-based rehabilitative settings. Most juvenile offenders engage in property offenses, especially larceny, burglary, and robbery; some are involved in the peddling of illicit drugs. Minors, especially girls, are often recruited by and used in pornography and prostitution. There is an emerging problem of street gangs, with a resulting increase in gang-related violence among youths. Its stably serious status over time notwithstanding, juvenile delinquency suffered its worst deterioration in the 1990s, a decade when the number of juvenile offenders serving time in prison quadrupled, according to a UNICEF report.

Crime Classification of Crime Crime is generally deﬁned as any behavior that is prohibited by law and that may result in penal punishment. The criminal code and the Summary Jurisdiction (Offences) Act revised in 2000 classify crimes as either punishable on conviction on indictment or punishable on summary conviction. Indictable offenses are more serious offenses that are heard by the Supreme Court and can be tried on an indictment only after a preliminary hearing to determine whether there is a prima facie case to answer. In trials for indictable offenses, the accused normally has the right to a jury trial, unless the individual waives that right. Summary offenses are nonserious offenses that make up the vast majority of court cases, that are heard by the summary jurisdiction courts and the magistrate courts, and that can be proceeded with summarily, without the indictment and right to a jury trial. They are subdivided into petty misdemeanors and petty offenses and are punishable by shorter prison sentences and

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smaller ﬁnes. The current minimum age of criminal responsibility is 12.

Crime Statistics Crime and violence are major social problems that have resisted government’s control interventions. Major crimes including murder, rape, robbery, burglary, and theft grew by 8.1 percent between 2007 and 2008. The number of reported murder cases increased by 191 percent, from 47 to 103, which placed Belize’s murder rate at 34 per 100,000 inhabitants. In fact, the murder rate in Belize has continued to rise at an average pace of 5 percent per year since 2003. The number of robberies, burglaries, and thefts known to the police also jumped from 3,003 in 2007 to 3,248in 2008, representing a 12.7 percent increase in just a year. There were more crimes and more offenders carrying guns while they were committing the crime. The number of guns seized in ﬁrearm-related offenses rose from 127 in 2007 to 194 in 2008, showing a 52.3 percent increase. The most recent peak in ﬁrearm-related offenses was recorded in 2003, when 198 guns were seized.

law enforcement apparatus converge to make Belize a very attractive transshipment center. In 2008, authorities seized 16.2 kilograms of cocaine, 0.7 kilogram of cocaine, 275.5 kilograms of marijuana, 50,050 marijuana plants, and 100,892 marijuana seeds. Proceeds from drug dealings in the amount of $112,510 were also seized. A total of 1,539 drug arrests were made in 2008, but very few are expected to end in successful convictions and punishment because prosecutors and judges are not provided with the resources to handle such a large volume of complex criminal cases. The importation of pseudoephedrine and ephedrine was prohibited in 2008 to prevent the transformation of Belize into a major manufacturer and exporter of amphetamine and/or methamphetamine. Belize is a signatory of the 1961 Single Convention on Narcotics Drugs, the 1971 UN Convention on Psychotropic Substances, and the 1988 UN Drug Convention. It has also ratiﬁed the Caribbean Regional Agreement on Maritime Counter Narcotics.

Human Trafficking Drug Abuse and Trafficking Drug abuse is a growing problem and particularly alarming among the youth and in certain tourist enclaves. Whereas heroin is largely unknown and its user population negligible, there is a fairly signiﬁcant group of cocaine users: data reported by the United Nations estimate that 0.9 percent of the population between ages 12 and 65 had consumed cocaine in 2005. Marijuana has historically been the substance with the largest market share: 8.5 percent of adult Belizeans had used cannabis. The prevalence rate for annual use of amphetamine and Ecstasy was estimated at 1.4 percent and 0.3 percent, respectively. Of all these substances, only marijuana is domestically cultivated and processed. Belize is a transit point for cocaine and heroin between Colombia and Mexico and the United States. Extensive uninhabited jungles, miles of inland waterways, unguarded coastline facing hundreds of islets, and an underequipped and corrupt

Belize is a source, transit, and destination country for men trafficked for the purpose of forced labor and for women and children trafficked for commercial sexual exploitation. Most victims are Belizean minors trafficked to cater to the domestic demand from the sex industry and “sugar daddies.” The “sugar daddy” phenomenon refers to situations where poor rural families offer their young daughters to provide sexual favors to wealthy older men in exchange for school fees, money, and gifts. Local communities and law enforcement agencies are reluctant to identify middlemen and consumers of these sexual services as human traffickers. Crossborder import of women for forced prostitution involves victims from Guatemala, Honduras, and El Salvador; other women enter Belize as migrant workers in search of jobs but are later pressured into commercial sex after unsuccessful employment bids. Labor trafficking most likely involves males from neighboring countries and East and South

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Belize

Asian countries such as China, Nepal, and India. Victims are deceived by false promise of high-pay employment, and once inside Belize, their passports are routinely conﬁscated by criminal syndicates as a way to restrict their movement and subject their labor to slavery-like conditions. Both local and foreign criminal organizations have been engaged in these illegal businesses. Belize criminalized all forms of human trafficking through the 2003 Trafficking in Persons Prohibition Act, which imposes penalties of up to ﬁve years of imprisonment and a parallel monetary ﬁne. These punishments appear severe enough but are not commensurate with punishments applied to other serious criminal offenders such as rapists, who can receive a penalty of eight years to life imprisonment. Whereas criminal investigations and prosecutions are often initiated against suspected traffickers of people, the conviction rate of these cases is extremely low. In 2007 and 2008, of the 11 known human trafficking prosecutions, none resulted in a conviction. Whereas the complicity with traffickers by law enforcement agents seems to be the main determinant of some failed prosecutions, the lack of specialized training and adequate resources constitute the main cause of the overall ineffectiveness of the Belizean criminal justice system to combat the problem. When it comes to related victim services, the performance of the government of Belize is impeccable. The Ministry of Human Development and Social Transformation operates two shelters for adult trafficking victims with a full range of services including health care, psychological counseling, and integration assistance; child victims are housed and taken care of in foster care institutions for minors. In 2008, 11 victims of labor trafficking received shelter assistance, victim services, and work permits, and another 60 were repatriated to their countries of origin. During the same period of time, neither the government nor nongovernmental organizations had received reports of victims being jailed or penalized for illegal entry, tax evasion, or working without permit as a direct result of being trafficked. Foreign victims who would face

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retribution or hardship in their home countries are regularly provided temporary residency and other temporary legal alternatives to expulsion. Despite these guarantees, victim cooperation in prosecutions against human traffickers has not been encouraging because of fear of mistreatment or stigma.

Finding of Guilt Criminal Procedure All criminal cases begin with an arrest. The police must inform a detainee of the cause of detention within 48 hours of arrest and bring the person before a magistrate to be charged within 24 hours. Public prosecutors have the responsibility of enhancing the evidentiary strength of a case and formally pressing criminal charges against suspected perpetrators of crime. With respect to charges laid out on indictment, there is a preliminary hearing to determine whether there is a prima facie case justifying a trial. All court proceedings are adversarial, oral, and public. At the end of the trial, a defendant may be found guilty or acquitted. Verdicts are given by trial juries formed by ordinary citizens, and sentences are handed down by the presiding judge.

Rights of the Accused Police must obtain court-issued warrants to conduct searches or arrests, except in cases of hot pursuit, when there is probable cause, or when the presence of a ﬁrearm is suspected. The Constitution prohibits arbitrary arrest and detention and extends to the accused the rights to be presumed innocent, to be protected against self-incrimination, to a public trial, and to appeal. Defendants have the right to be present at each hearing or session of their trial unless the judge concludes that the safety of the defense, the victim, or a witness is at a very high risk. The right to legal counsel is guaranteed only in capital cases. Although the Belizean courts are known for their independence and constitutional loyalty, the Belizean police are frequent violators of the search and arrest rules.

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Punishment Penal sanctions provided in the criminal code include ﬁnes, community services, alternatives to incarceration sanctions, and imprisonment.

Prison The ﬁrst Belizean prison, with a 300-bed capacity, was constructed in Belize City in the early 1900s. In the late 1980s and early 1990s, the irreversible dilapidation of the prison building, the overcrowding that stretched its population to 250 percent of the designed capacity, and the safety concern from the U.S. Embassy, which was located right next door to the correctional facility, converged to prompt the relocation of the only prison to Hattieville, a town established as a refugee camp after the 1961 Hurricane Hattie made many people homeless in Belize City. (The Belize Central Bank Building now sits at that site of the old prison, and the old prison building has been renovated as a museum.) Lack of funding and political will derailed the grand vision of a modern prison geared toward rehabilitation of incarcerated offenders. Inmates from the old prison were mobilized to build the new facility, and authorities cut corners everywhere to save money and meet the deadline. The end product is a large prison with substandard structural integrity, which was later coupled with inappropriate security, sanitation, and service components. Inmates were relocated to the Hattieville Prison in 1993, when the construction had not been completed yet. It began as a prison without sewage facilities and potable water, where cells were ﬂooded most of the time and no kitchens were available. These initial missteps were followed by allegations of endemic corruption and mistreatment of prisoners. The government decided to push a radical reform by handing over the management of the Hattieville Prison to a not-for-proﬁt organization made up of concerned members of the Rotary Club of Belize, the Kolbe Foundation. The transfer of management took place in August 2002, under a contract in which the Belizean government promised to reimbursed Kolbe US$6 per day per inmate to cover meal and board costs.

Kolbe immediately moved to complete the building and furnish of the correctional complex, added new service facilities, and subcontracted medical and psychiatric services to serve the prison population. Inmates were classiﬁed and segregated into remand, minimum-security, maximum-medium, supermax, female, and youth units. Solitary conﬁnement is used as a measure for internal discipline. A prison radio station was also set up. The ﬁrst sign of improvement came in the form of reduced escapes: there were 93 escapes during the two years prior to the takeover by Kolbe; the number went down to 12 in the two years following the change. Christian ministries have become the pillars of Kolbe’s rehabilitation interventions in Hattieville Prison. In addition to the involvement of local Roman Catholic and Protestant groups and churches, Kolbe has also introduced the U.S.-based Prison Fellowship, whose Inner Change Freedom for Belize program celebrated its sixth anniversary of operations in the Belizean prison in February 2009. Faith-based drug-abuse treatment services are offered vis-à-vis regular literacy, education, and vocational training programs. Prison work at Hattieville maintains a growing volume of business transactions with the outside community and supports a woodwork shop, a tailor shop, a welding shop, a jewelry shop, a cement block factory, and a farm. With funding and technical assistance from the Wager Foundation, a not-for-proﬁt organization headquartered in the U.S. state of Wisconsin, a 75bed segregated unit for juvenile males ages 17 or younger was established in 2004. This juvenile rehabilitation program is a boot-camp/school hybrid where strictly regimented daily routines are integrated with counseling and educational support. A separate unit for women inmates is located 200 yards outside the large compound for male offenders; conditions in the women’s unit are considerably more humane and tolerable than those in the men’s units. The Belizean correctional system does not imprison juvenile females charged with or convicted of crimes but places them under the care of social services authorities.

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Bermuda

The size of the Belizean prison population stood at 1,334 on January 6, 2008, which translates into an incarceration rate of 455 inmates per 100,000 persons. The number of people who had been admitted into the Hattieville Prison increased from 1,880 in 2002 to 2,452 in 2007, and the proportion of convicted offenders among inmates decreased from 47.7 percent (897) in 2002 to 44.3 percent in 2007. In 2007, over 13 percent of all inmates were foreigners, and 46.1 percent were aged 25 years or younger. Women and juveniles represented 2.2 percent and 4.4 percent of the prison population, respectively.

Death Penalty The death penalty is permitted in some murder cases. The last execution was carried out in 1985, when Kent Bowers was hanged at Hattieville Prison despite a petition for clemency reportedly signed by 2,500 people. There have been several attempts in recent years to expand the types of murder punishable by death and to restrict the number of allowable appeals. Given the serious threats from crime and violence, popular support for death penalty remains high. Although numerous death sentences have been handed down since 1985, none have been carried out because of the Judicial Committee of the Privy Council’s refusal to allow execution of people convicted of murder who had spent more than ﬁve years pursuing their various appeal options: according to a 1993 JCPC ruling, these persons should have their sentences commuted to life imprisonment. With the inauguration of the Caribbean Court of Justice in 2005, observers believe that the de facto moratorium on death penalty may come to an end. Hung-En Sung Further Reading Gillett, Georgia Brown. (2002). “Belize.” In Legal Systems of the World: A Political, Cultural, and Social Encyclopedia, edited by Herbert M. Kritzer, pp. 151–153. Santa Barbara, CA: ABC-CLIO. Grant, C. H. (2008). The Making of Modern Belize: Politics, Society and British Colonialism in

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Central America. New York: Cambridge University Press. Philips, Sir Fred. (2002). Commonwealth Caribbean Constitutional Law. London: RoutledgeCavendish. Reid, G. Michael. (2006). “Belize.” In World Police Encyclopedia, edited by Dilip K. Das and Michael J. Palmiotto, pp. 84–92. New York: Routledge.

Bermuda Legal System: Common Murder: Medium Prison Rate: High Death Penalty: No

Background Bermuda is a group of islands in the Atlantic Ocean located east of the United States and north of the Caribbean. It consists of 6 principal islands and 120 smaller islands. Bermuda is one of the most densely populated areas in the world with an estimated population of 67,837 people in 2009. It is also one of the wealthiest countries in the world with a gross domestic product per capita of US$69,900 in 2004. Bermuda is an overseas territory of the United Kingdom. The government is based on the Westminster model of parliamentary democracy and consists of a head of state, governor, deputy governor, cabinet, legislature, and judiciary. The head of state is Queen Elizabeth II, who appoints the governor and commander-in-chief.

Police and Military The Bermuda Police Service consists of approximately 382 full-time police officers. Additionally, the police maintain a group of reserve officers and use them as needed. The main role of the police is the prevention and enforcement of the law. The Bermuda military, or Bermuda Regiment, serves more of a community role than it does national security. The national security of the country is

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mainly the responsibility of the British government. Nevertheless, the Bermuda Regiment’s main functions include military conscription, disaster relief, traditional/ceremonial activities, military training, and the development and training of Bermuda’s youth. The Bermuda Regiment annually selects, by ballot, young men to draft into the military. If selected, the individuals are required to fulﬁll their duty of serving in the Bermuda Regiment. The military is seen as a tool for developing the skills and discipline of the youth of Bermuda, as well as exposing them to a diverse setting where teamwork is essential.

Crime Classification of Crime The criminal statutes and codes of Bermuda can be found in the amended Criminal Code Act of 1907. Crimes are classiﬁed into two different levels. Summary offenses include less serious actions, such as speeding and driving without a license. Indictable offenses are those acts that are considered to be more serious in nature, such as murder, rape, and robbery. Several types of offenses can be tried in court as a summary offense or as an indictable offense depending on the level of severity of the act. An individual under the age of 8 is not criminally responsible for any act or omission. Individuals aged 8 or older are considered to have reached the “age of criminal responsibility,” and they are liable to face criminal charges for any illegal acts. A person is considered a juvenile until reaching his or her 16th birthday. After age 16, an individual is considered an adult within the criminal justice system and can be tried for an offense as an adult. The Family and Youth Court is responsible for handling hearings concerning juveniles.

Crime Statistics The crime rate in Bermuda is classiﬁed as moderate, yet the new millennium has seen an overall increase in criminal incidents. The fact that Bermuda is a popular tourist destination has led to a high rate of property crimes on the islands. According to the

Bermuda Police Service’s (2009), Crime Statistics Archive, crimes reported to the police for 2007 were as follows: Murder/manslaughter Attempted murder Assault with grievous bodily harm Wounding Sexual assault Sexual exploitation of a young person Firearm offenses Robbery Theft from person Handbag/attempted handbag snatch Theft from unattended vehicle All burglary Taking without owners’ consent (all vehicles)

3 3 52 64 45 8 12 123 166 16 199 1,119 1,009

Drug Offenses All of the statutes and laws relating to drug-related offenses can be found in the Misuse of Drugs Act of 1972. It is a crime to take part in any drug activities, including but not limited to possessing, producing, selling, and trafficking illegal substances within Bermuda. In addition to these activities, the use of marijuana for medicinal purposes is prohibited on the islands. There is no legal defense for the voluntary use of illegal substances within Bermudian criminal law. The government goes to great lengths to punish those involved in these activities to the fullest extent of the law in an attempt to keep illegal drug activities to a minimum on the islands. The Bermuda Police Service has a unit devoted strictly to preventing and investigating drug-related crimes. The police and customs also work closely with other nations, including the United States, to combat drug activity on the islands. Drug-related arrests and seizures are included in the police service’s annual reports, which provide departmental statistics on these offenses. There were a total of 526 arrests for drug offenses in 2006, the majority of offenders being male. There were a total of 812

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Bermuda

seizures of drugs that included cannabis, cocaine, diamorphine, cocaine freebase, cannabis resin, cannabis plants, and methamphetamines.

Finding of Guilt Rights of the Accused The Bermudian Constitution was introduced in June 1968 and has been amended twice. The Constitution guarantees the fundamental rights of the citizens of Bermuda, including the rights to life, freedom of expression, and freedom of movement.

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Each individual arrested and charged with an offense is presumed innocent until proven guilty or until he or she pleads guilty. Upon arrest, an individual is entitled to have the charges brought against him or her read in a language that is understandable to the common person. In addition, following arrest or detention, an individual has the right to be informed of his or her rights, such as the rights to remain silent, to seek legal advice and/or legal representation, and to have one person informed about his or her arrest and location. Once a person has been notiﬁed of his or her rights and has had the

On November 26, 1998, members of the jury view Whale Bone Bay in Hamilton, Bermuda, where the rape and murder of Rebecca Middleton took place in June 1996. Middleton was killed while vacationing with a high school friend, a native of Bermuda. The suspects were arrested, but not convicted. The results of this case are considered controversial. (AP Photo/ David Skinner) © 2011 ABC-Clio. All Rights Reserved.

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charges read, he or she then has the right to a fair trial within a reasonable amount of time by an independent and impartial court. The accused person should also be given sufficient time and facilities to prepare his or her defense. Pretrial conﬁnement is allowed, and the time served is taken into consideration by the judge or magistrate when imposing a sentence or punishment. Accused persons are permitted to defend themselves, to obtain a legal representative of their own choice at their own expense, or to have legal representation appointed by the court at the expense of the public. The right protecting Bermudians from arbitrary arrest or detention is guaranteed within their Constitution. If an individual is unlawfully arrested or detained, then he or she is entitled to compensation from the individual who unlawfully arrested or detained him or her. Accused persons also have the right to question the witnesses against them, to have an interpreter if they cannot understand the language being spoken in court, and to have their trial heard before a jury when being charged with an indictment offense in the Supreme Court. The accused also have the right to appeal.

The Judiciary The judiciary consists of the Magistrates’ Court, the Supreme Court, the Court of Appeals, and the Registry of the Supreme Court. The Magistrates’ Court handles less serious criminal cases, traffic violations, arrests and search warrants, juvenile delinquency cases, preliminary inquiries, and civil litigations of BM$25,000 (US$25,000) or less. The magistrate is the sole decision maker in these cases. The Supreme Court is responsible for handling the more serious criminal cases, legal business matters and international business matters, civil litigations of BM$25,000 or more, and appeals from the Magistrates’ Court. The Supreme Court tries cases in the presence of a judge and jury. The Court of Appeals is in charge of hearing all of the appeals from the Supreme Court and is the highest court in Bermuda. It sits three times a year. The administrative functions of the judiciary are the responsibilities of

the Registry of the Supreme Court. In addition to the criminal and civil courts, there are several other specialized courts that are used to make the criminal justice process as efficient as possible, including Traffic Court, Drug Court, Family Court, Youth Court, Plea Court, and Commercial Court.

Prosecution The prosecution of the accused is the primary responsibility of the Department of Public Prosecution, which is located under the Office of the Attorney General and Ministry of Justice. The department works closely with other criminal justice agencies, such as the Bermuda Police Service, to ensure that all of the evidence dealing with each case is presented in court. The Bermuda Police Service usually conducts the investigations of the crimes and then passes the information on to the prosecutor. The public prosecutors try to work hand-inhand with the police to ensure that they are fully informed about the facts of each case.

Defense The Legal Aid Office, which is located under the Ofﬁce of the Attorney General and Ministry of Justice, is responsible for representing those persons who cannot represent themselves or afford legal representation. To use this service, an accused person must ﬁrst qualify and submit an application to the Legal Aid Committee. The committee then makes a decision as to whether the accused warrants the use of public counsel. To qualify for legal aid, a person must meet certain ﬁnancial criteria and be charged with a qualifying offense. Legal aid is available for those accused in the areas of criminal, civil, or family law. It is available for criminal matters in the Supreme Court and the Court of Appeal and sometimes in the Magistrates’ Court at the discretion of the committee or where the charges carry a sentence of ﬁve years’ imprisonment or more.

Alternatives to Trial The accused have the option of taking a plea deal instead of going to trial. Plea bargaining is a

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Bermuda

common occurrence within the Bermudian criminal justice system. The process of arraignment and entering a plea is handled within the Plea Court. A person accused of an indictable offense may also submit a request to the Supreme Court to remove the indictment prior to going to trial if there is prejudice involved or if the charges are defective. The court can also order that the charges be amended if they are not legally sufficient. The Drug Treatment Court affords those accused of an eligible drug offense an alternative to going to criminal trial. Offenders may receive a sentence of mandatory drug treatment along with probation instead of receiving a prison sentence. The Bermudian criminal justice system also includes an insanity defense option for those who qualify as mentally insane. For an individual to be considered insane, he or she must not be capable of understanding his or her actions, not be able to control his or her actions, and not be capable of knowing that the acts that he or she committed were against the law. It is the burden of the defense to prove the existence of all three elements to successfully prove that the accused is insane. If an individual is acquitted on grounds of insanity, the court will order the individual to be kept in strict custody until the governor sees him or her ﬁt to be released. The decision to keep an insane person in custody and when to release such a person is the decision of the governor and the Advisory Committee on the Prerogative of Mercy. The court may conditionally or absolutely discharge an offender of his or her offense instead of convicting him or her. Additionally, the court may require the offender to follow certain stipulations, such as a probation order and/or other set conditions, such as not committing another offense. If the accused fails to uphold any aspect of this agreement, the accused may then be punished for his or her offense to the fullest extent of the law.

Punishment Types of Punishment The common forms of punishment include probation, community service, ﬁnes, restitution, reparation,

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and imprisonment. Within the specialized courts such as the Drug Treatment Court, an offender may be ordered to enroll in a drug treatment program. Bermuda used to have the death penalty; however, it was abolished in December 1999. Corporal punishment is also prohibited as a sentence, and it is not allowed as a disciplinary measure in penal institutions. In contrast, corporal punishment is allowed within schools and is lawful within the privacy of citizens’ homes. The most severe punishment for the accused is a life sentence of imprisonment. Prison was traditionally used as a common form of punishment, but because of high recidivism rates, the Bermudian criminal justice system now uses imprisonment as a last resort. The Bermudian judiciary has shifted from punishment-oriented sentences to those that focus on changing the offender. The goal now is to impose a sentence that will have more of a rehabilitative effect on the offender so that he or she will become a productive citizen within society. Parole is also utilized within Bermuda for certain sentences. Parole may be granted after the offender has served the required minimum of his or her overall sentence. There are a couple exceptions to the sentences handed down by the courts. For example, if an offender is found to be a “persistent offender,” then the person is eligible to receive police supervision upon completing his or her original sentence.

Typical Sentences Offenders of premeditated murder are usually sentenced to life imprisonment without the eligibility for release until the person has served at least 25 years of the sentence. Offenders of murder can be sentenced to life in prison with a minimum of 15 years served prior to being eligible for parole. Common assault is classiﬁed as a summary offense, and a person can receive a sentence of imprisonment for 12 months. Assault causing bodily harm is classiﬁed as a misdemeanor offense. If a person is convicted of this offense under the summary jurisdiction, he or she can receive a sentence of imprisonment of 2 years, and conviction on an indictable offense can result in up to 4 years’ imprisonment.

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Sexual assault is classiﬁed as a felony and can bring a sentence of 20 years’ imprisonment if the person is convicted for an indictable offense and 5 years if convicted under summary jurisdiction. Theft within Bermuda is triable only as a summary offense if the dollar amount stolen is BM$1,000 (US$1,000) or less. If the dollar amount of theft is greater than BM$1,000, and the person is convicted under the summary jurisdiction, the sentence could include a ﬁne of BM$10,000 or 5 years’ imprisonment, or both. The same crime on an indictable conviction can result in a ﬁne of BM$100,000 or 10 years’ imprisonment, or both. If a person is charged with a robbery offense upon a summary conviction, he or she can be sentenced to a ﬁne of BM$10,000 or 5 years’ imprisonment, or both, and an indictable conviction can result in 20 years’ imprisonment. Burglary upon conviction under summary jurisdiction can bring a sentence BM$10,000 or 5 years’ imprisonment, or both. Conviction on an indictable offense of burglary that was committed on a building that is a dwelling or where there is habitation can result in a 14-year prison term, and burglary on any other building can result in 10 years’ imprisonment. Drug offenses are considered very serious crimes and can result in harsh penalties. Production and/or possession of a controlled substance with the intent to sell or distribute on an indictable conviction can result in a sentence of up to imprisonment for life, a ﬁne of BM$1 million or three times the street value of the controlled substance (whichever is greater), or ﬁne and imprisonment. The same crime upon a summary conviction can bring a sentence of up to 10 years’ imprisonment, a ﬁne of BM$500,000 or three times the street value of the controlled drug (whichever is greater), or ﬁne and imprisonment. Possession of a controlled substance by an individual as an indictable offense can result in imprisonment of 5 years or a ﬁne, or both, if it is the ﬁrst offense of this nature for the individual. If it is not a ﬁrst-time offense for the individual, then it can result in up to a 10-year prison term or ﬁne, or both. If the offender is convicted of possession under a summary offense, he or she is liable to receive a 12-month prison sentence or BM$1,000 ﬁne, or

both. Additional information on the penalties associated with drug offenses can be found in the Misuse of Drugs Act 1972.

Prison The principal functions of the Department of Corrections include custody and rehabilitation of offenders. The criminal justice system in Bermuda views imprisonment as a last resort. Recidivism rates within Bermuda are high, and therefore, the Bermuda Department of Corrections places a strong emphasis on rehabilitating offenders. This is achieved by providing inmates with a variety of training, educational, and rehabilitation programs. These include educational programs (such as math and English), computer literacy, arts and crafts, carpentry, masonry, and plumbing. There are four main correctional facilities on the islands of Bermuda: Westgate Correctional Facility, Farm Facility, Co-Educational Facility, and Transitional Living Centre. Each facility is responsible for a different type of inmate population and for creating an atmosphere that is conducive to the rehabilitation of the offenders. The Westgate Correctional Facility is a male inmate facility that can hold prisoners in maximum-, medium-, and minimum-security conditions. It was designed to hold approximately 208 prisoners. The Farm Facility is an adult minimum-security prison for those inmates who have been found to be a low security risk. It is used for helping offenders make the transition back into society. It was designed to hold approximately 93 inmates. Inmates are required to go on a work release on a daily basis as well as to perform charity work while at the Farm Facility. The Transitional Living Centre is similar to the Farm Facility. The facility is more of a halfway house and is capable of holding up to 15 inmates at a time. It provides inmates with job placement so that they may become productive and law-abiding citizens upon reentry. The Co-Educational Facility is responsible for females and juveniles. Prison statistics from the Department of Corrections show that Bermuda’s correctional system is operating at a full capacity. As of 2006, there were

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Bolivia

343 prisoners for an imprisonment rate of 532 per 100,000 and a 93 percent occupancy level. Of those prisoners, 19.2 percent were pretrial detainees, 10.5 percent were female prisoners, and 5.6 percent were juveniles. Christopher M. Bzduch Further Reading Bermuda Government: http://www.gov.bm/. Bermuda Online: http://www.bermuda-online.org/. Bermuda Police Service: http://www.police.bm/. British Foreign and Commonwealth Office: http:// www.fco.gov.uk/en/. Kurian, G. T., ed. (2006). “Bermuda.” In World Encyclopedia of Police Forces and Correctional Systems, pp. 218–219. 2nd ed. Vol. 1. Farmington Hills, MI: Thomson Gale. Lexadin. (2009). The World Law Guide: Legislation Bermuda: http://www.lexadin.nl/wlg/legis/nofr/ oeur/lxweber.htm.

Bolivia Legal System: Civil/Adversarial Murder: Medium Burglary: High Corruption: Medium Human Trafficking: Medium Prison Rate: Medium Death Penalty: Yes Corporal Punishment: Yes

Background Bolivia is a tropical, landlocked country in central South America. It is a unitary or centralized republic divided into nine departments. Two cities officially stand as the capital of Bolivia: Sucre is the seat of the Supreme Court and known as the constitutional capital, whereas the executive and the legislative branches of government are located in La Paz, the administrative capital. In 2006, 9,672,000

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inhabitants populated the 1,098,580 square kilometers of the country. Sixty-four percent of the population lived in urban areas, and nearly three-fourths were aged 34 or younger in 2005. Bolivia’s indigenous population numbers more 4 four million. About 95 percent of the population profess Catholic faith, although pre-Columbian pantheistic and animistic rituals are widely practiced in indigenous communities. In 2004, with an unemployment rate of 6 percent, 63.9 percent of Bolivia’s population lived in poverty, and 34.7 percent in extreme poverty. The 2005 gross domestic product per capita was US$1,033, making Bolivia one of the poorest countries in the Western Hemisphere.

Constitutional History Bolivia is commonly known as the most politically unstable country of South America. Overcoming 193 coups d’états between its independence in 1825 and 1981—averaging a change of government once every 10 months—and dependent on more than 56 foreign aid organizations, the Republic of Bolivia has long been vulnerable to corruption. The Constitution that founded the Republic of Bolivia in 1825 as an independent nation established a centralized government with three branches: executive, legislative, and judicial. This ﬁrst constitution was inspired by those of the United States of America and the French Republic, yet it was never adopted. It was revised a year later by the liberator Simon Bolivar Palacio. This newly revised constitution instituted a lifetime presidency with four clear strata of governing powers: the president, an independent judiciary, a tricameral congress, and an electoral body. This Bolivarian constitution was said to reﬂect Simon Bolivar’s mistrust of the social and economic elite and his fear that these rival factions would ﬁght against each other for control over the new nation. As such, his constitution institutionalized a strong, centralized, and lifetime presidency. Despite this foresight, the incongruity between the state’s national aspirations and its actual power over Bolivia’s disparate regions and populations made for a short-lived constitution.

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By 1831, the concept of “lifetime presidency” was abolished as the Constitution introduced bicameralism and presidential power limited to renewable four-year terms. In fact, from 1831 to 1873, Bolivia was subjected to the whims of change of transient caudillos who were political-military leaders at the head of an authoritarian power dictating constitutional charters almost as regularly as the changes of government. Following the end of “caudillo politics” and after losing its access to the sea to Chile (War of the Paciﬁc, 1879–1880), Bolivia’s most durable constitution was approved (1880). The basic premises of representative democracy were introduced: bicameralism was put into effect, and the legislative powers of Parliament ﬁnally became signiﬁcant grounds for political debate. For the next 58 years, Bolivia’s political stability was commensurate with the boom of tin exports and the rise of tin entrepreneurs in national politics and ended with the tumbling of global demand for tin, the overthrow of President Salamanca Urey in 1934, and the devastating loss of the Chaco War (1932–1935) to Paraguay. The Great Depression that began in 1929 accentuated the friction between elite leaders and their middle-class followers and led to widespread disdain for the political establishment and increased social tensions that culminated in the return of the military back into politics in 1935. The next 17 years (1935–1952) were characterized by populist social, economic, and political reforms pioneered by military officials and civilian intellectuals. The role of the state in the country’s economic organization expanded considerably, whereas unions of miners and peasants were formed to become the foundation of new political parties that in due course played central roles in the 1952 revolution. In 1952, tin miners rose against tin entrepreneurs, and the Nationalist Revolutionary Movement examined alternative forms of political organization. After much debate, universal suffrage was ﬁnally adopted in 1961 via a new constitution, as was the nationalization of the mines, and agrarian reform. During the process, the indigenous peasantry was freed from labor obligation and given land and the right to vote, making them a major force in the Bolivian politics.

General Barrientos Ortuno eventually overthrew the Movimiento Nacionalista Revolucionario (MNR) in 1964 and introduced a new era in the Bolivarian constitutional development. Under the terms of his 1967 Constitution, currently in force, Bolivia was set to be a unitary republic that retains a democratic and representative democracy. Article 2 stipulates that sovereignty resides in the people, that it is inalienable, and that its exercise is delegated to the legislative, executive, and judicial powers. The 1967 Constitution recognizes Roman Catholicism as the official religion while also guaranteeing the right to publicly worship all faiths. In 1990, indigenous communities from the eastern lowlands organized a massive protest march to La Paz to present two speciﬁc demands: ﬁrst, explicit acknowledgement of the ethnic and cultural diversity of the country in line with the 1967 Constitution; and second, realization of the right to land enshrined in the statutes. These demands were met by constitutional reform in 1994. The multiethnic and multicultural character of Bolivia was ofﬁcially recognized. But the indigenous groups were not content with the nominal recognition of the “pluricultural state.” They insisted on the actual enforcement of principles spelled out in the Constitution. Such implementation began only when Evo Morales, the country’s ﬁrst fully indigenous head of state, was elected president of the country in 2006. A constitutional referendum was requested by President Evo Morales and held in January 2009, which introduced seismic changes to the political and social organization of Bolivia. The new Constitution was enacted in February 2009 and radically empowered the indigenous majority and mandated a fundamental land reform. Major reforms included the possibility of reelecting a president to a second term, expanded indigenous rights, decentralization of national government power and increased autonomy of local governments, nationalization of key natural resources, full recognition of indigenous systems of justice, replacement of the congressional appointment of judges with popular election of judges, termination of the privileged status of Roman Catholicism, and prohibition of land ownership beyond 5,000 hectares. Within the next

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Bolivia

two years, the Bolivian Congress would enact new laws and the national government would create new agencies implementing issues relating to the passage of the new Constitution, including the establishment of a constitutional court and an autonomous ministry to oversee indigenous rights and take input from the citizenry.

The Legal System The organization of Bolivia’s judicial power is heavily inﬂuenced by Spanish law and the Napoleonic code (i.e., French civil code). The main judicial bodies are the Supreme Court of Justice, the Constitutional Tribunal, the Judicial Council, the National Agrarian Court, the superior district courts, the National Labour and Mining Court, and provincial and local courts to try minor cases. The Supreme Court is the highest court of the republic and consists of 12 ministers who are organized into four specialized chambers of three justices each. Two chambers deal with civil cases, a third deals with criminal cases, and the fourth with administrative, social, and mining cases. The ministers are nominated by the president, conﬁrmed by the Congress for 10-year, nonrenewable terms, and seated in their headquarters in the city of Sucre. Exclusive rights are given to the Supreme Court and the superior district courts to change and repeal sentences or decisions made by lower courts, and the Constitutional Tribunal handles appeals on constitutional issues. Bolivia’s judicial system adopted many changes to keep its judiciary processes independent of external inﬂuence; however, political pressures and corruption are consistent and longstanding problems. In 2003, Bolivia had 98 superior district judges (vocals), 451 district judges (de partido), and 281 instructing judges. Among the latter two groups, 68 percent of the judges served in criminal courts, and the remaining 32 percent served in civil, family, juvenile, or agrarian courts. There are some other specialized judicial bodies. Bolivia maintains controlled substances courts supported by antinarcotics police to process illicit drug cases. Legislation enacted in 1997 created the office of People’s Defender as a high commissioner of

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the Congress. The office is actually an autonomous agency playing the role of human rights ombudsman: it oversees the legality of decisions made by all state institutions and safeguards against violations of human rights. Despite the presence of the formal judicial structure, private systems of dispute resolution have always existed in the forms of traditional indigenous legal mechanisms. The inﬂuence of Spanish rule and the long dominance of liberalism and westernization notwithstanding, indigenous practices and legal concepts remain inﬂuential. The constitutional reform of 2009 granted indigenous systems of justice the same status as the existing official administration of justice. Internationally, Bolivia shares the commitments of the United Nations (UN) and the Organization of American States (OAS), whose charters advocate protection and respect for human rights. In line with these values, Bolivia has undertaken to uphold the Universal Declaration of Rights of Man and the American Declaration of the Rights and Duties of Man, as well as many other international legal codes such as the Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination, and a host of others. Despite these international commitments, Bolivia has not accepted the compulsory jurisdiction of the International Criminal Court.

Code of Criminal Procedure Bolivia’s current code of criminal procedure was ratiﬁed in 1972, revoking the penal procedural code enacted 74 years earlier, and was signiﬁcantly revised in 2001. Prior to 2001, Bolivia belonged to the statute-bound civil law tradition and had an inquisitorial system of justice. Trial examinations were lengthy and conducted behind closed doors as the judge accumulated evidence—predominantly in the form of written briefs. Defendants had few rights and were not automatically presumed innocent. After 2001, the written system was changed into an oral adversarial system of justice. Bolivia’s present system emphasizes case law, similar to the

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British common law tradition, and focuses on individual cases. Enacted in 2002, the Public Ministry Law established a new function for the prosecutor in the Bolivian legal system. Thereafter, judges were no longer in charge of running investigations against a defendant; the state’s inquiry was set to be conducted by prosecutors. The judge’s role was limited to acting as a moderator between the prosecution and the defense. Defendants are presumed innocent until proven guilty. Whereas the old written trials fronted an opaque and protracted process that generated various opportunities for corruption, the switch to adversarial oral trials reduces the monopolistic concentration of discretionary power on one single person, the judge, and makes the trial process more transparent, with the presentation of evidence and arguments in one place and at the same time. This profound change was accompanied by a parallel national training of judicial personnel, law enforcement forces, nongovernmental organization workers, and students of law in the new code of criminal procedures, with a particular emphasis on the protection of civil liberties and human rights. Different criminal cases are now handled by different judicial procedures. For example, in cases of misdemeanor, the defendant appears before a judge in the lower court, and it is the judge alone who decides the defendant’s fate. In felony cases, in contrast, a verdict is determined by two judges and a jury of three citizens.

Crime Classification of Crime Bolivia’s penal code clearly distinguishes felony offenses from misdemeanor offenses. Felonies are deﬁned as being performed voluntarily and with a spirit of malice. Misdemeanors, on the other hand, are deﬁned as being committed devoid of malice. Bolivia’s penal code allows three types of sentences applicable to criminals found guilty of either felony or misdemeanor, including corporal restraint or conﬁnement of the offender (i.e., imprisonment); noncorporal and nonphysical penalties such as the deprivation of a civil right, surveillance, and/or probation; and ﬁnancial penalties such as ﬁne.

Age of Criminal Responsibility A clear distinction has been made in the Code for Children and Adolescents between criminal responsibility and social liability. The latter is applicable for youth between 12 and 16 years of age, and when in conﬂict with the law, they appear before a juvenile court. Criminal liability, on the other hand, is recognized for adolescents between 16 and 18 years of age and is not distinguished from adults under the criminal code.

Drug Offenses and Their Control Bolivia is largely known for its widespread cultivation of coca, the main ingredient of cocaine. The use of the coca leaf is both licit and illicit depending on its sociocultural use (i.e., traditional or processed). Coca-growing is an agricultural and cultural activity that has historically been oriented in a legitimate manner toward consumption, to use in medicine and in spiritual rituals of the Andean peoples. The issue of coca has therefore generated a very heated international debate. At the international level, Bolivia is a signatory of the 1961 UN Single Convention on Narcotic Drugs (as amended by the 1972 Protocol), the 1971 UN Convention on Psychotropic Substances, and the 1988 United Nations Drug Convention. On July 19, 1988, the Bolivian Congress passed the Coca and Controlled Substances Act (Law 1008) under strong pressure from the U.S. government. The law in question deﬁned the legal characterization of coca cultivation, its transformation, and trafficking. However, because of the longstanding licit sociocultural and religious usages of coca among the indigenous peoples, Law 1008 permitted the legitimate cultivation and consumption of coca in three geographical zones, with a quota of 12,000 hectares for licit cultivation. The law divided Bolivia into legal, transitional, and illicit zones of coca cultivation. But because of the draconian penalties mandated by the law and its ruthless enforcement by a growingly militarized security apparatus that resulted in human rights violations and civilian deaths, the abolition of Law 1008 became a rally cry among the targeted indigenous regions.

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Bolivia

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A soldier of the FELCN (Bolivia’s Special Force to Fight Drug Trafficking) stands guard as a cocaine factory is burned in the tropical region of Croce Andino, Bolivia, on December 27, 2005. (AP Photo/Dado Galdieri)

Indigenous cocalero (coca-leaf grower) movements from the Chapare and later from the Yungas started mobilizing and claiming their cultural and spiritual rights to coca. In general, drug offenses under domestic law include those commensurate with article 3 of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which addresses the production, manufacture, extraction, preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation, or exportation of any narcotic drug or any psychotropic substance. Article 17 of the Bolivian penal code states that the punishment for drugrelated offenses should not exceed 13 years of imprisonment. However, most other crimes in the penal code carry a maximum sentence of 10 years.

Crime Statistics According to crime statistics reported by the National Institute of Statistics of Bolivia, the general crime drop that began in the late 1990s started to reverse in 2006. Theft remains the most prevalent form of crime, followed by homicide. Common crimes reported to police for 2007 were as follows: Against corporal integrity and health Against rights to family assistance Fraud and other Homicide Theft Robbery Aggravated robbery Rape and sexual assault

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740 3,421 1,013 4,566 9,079 1,791 1,982 740

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Although crime is among the most signiﬁcant of concerns for people in Latin America, according to data from Latinobarometro 2008, the continent-wide public opinion survey, only 1 percent of Bolivians consider crime as the biggest problem in the country. However, the apparent lack of concern with the issue does not mean that the country does not suffer from violence or is free from crime. As a matter of fact, 33 percent of the respondents reported having been victims of crime in the past 12 months, and on a violence scale of 0 to 10 (where 0 represents a very peaceful country and 10 a very violent one), survey respondents gave Bolivia a score of 6.2, higher than that received by Colombia. However, the fear triggered by crime-induced violence and insecurity was pale in comparison with the pain resulting from weak governance, political instability, and economic hardships.

Finding of Guilt Rights of the Accused As required by the Constitution, Bolivia adheres to the principle of presumption of innocence and the rights to a speedy trial, to an attorney, to confront witnesses, to present evidence on one’s own behalf, to due process, to an appeal, and to confront legal charges with government prosecutors before a formal court process is initiated. However, these rights are not always respected. Bolivia’s penal code also includes a statute of limitations. An accused cannot be prosecuted for a felony committed longer ago than 10 years plus 1 day. An offender must be brought to justice within 10 years of the date of the offense. A National Public Defender Service was established by Law 2496 of 2003, providing the povertystricken accused with defense attorneys at public expense if needed. However, in reality, attorneys were not always available, despite the presence of traveling attorneys from the mobile public defenders program established to reach the more remote parts of the country. That program has proved somewhat effective, but the demand is so great that even these defenders remain overburdened. In line with democratizing Bolivia’s judicial process, the government increased the number of public defenders, legal assistants, and social workers

supporting rural public defense by more than 40 percent, achieving a total of approximately 167 in the year 2000. Initially, the National Public Defender Service tried to involve public defenders in arrest cases at the earliest possible stages and attempted to provide information about human rights to citizens, but defenders were overloaded, and by 2006, the Bolivian government had reduced the team to 72 workers as a result of budget shortfalls. There continues to be a signiﬁcant shortage of public defenders in rural areas. As of 2006, according to the Inter-American Commission on Human Rights, only 3 percent of municipalities had a public defender. A Human Rights Office and a Public Defender Office were also set up in Chimore—a rural area of the Chapare known for its elevated coca eradication activities—as a pilot project by the Ministry of Justice. These offices were considered appropriate channels for the observance and protection of human rights and to aid in the appropriate administration of justice in this high-risk area. Moreover, in response to a long history of neglect and exploitation of the indigenous peoples in Bolivia, pluralist, multiethnic, and multicultural values became key elements in Bolivian politics.

Military Justice When a military officer is accused of a crime related to his service, he is subjected to an investigation within the military justice system. The commander of the affected unit appoints an officer to conduct this investigation and to document his ﬁndings in a report. This report is then forwarded to a judicial advisor who ﬁnds the military member in question innocent or guilty. In the case of “major infractions,” the lawsuit is advanced to a military court. Generally, senior-level inﬂuences tend to aid in the avoidance of rulings that would embarrass the military. At times, there is conﬂict regarding military and civilian jurisdiction, especially in human rights denunciations. In 2004, a constitutional court decision provided that military personnel should be tried in civilian courts for human rights violations.

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Bolivia

Juvenile Justice In pursuance with the new Juvenile Code of 1992, a juvenile court system was established within the broader criminal justice system. By law, young offenders age 16 to 18 are legally responsible and have the right to legal protection and guarantees and to receive necessary legal assistance. However, despite the prescriptions of the Juvenile Code and the Law against Domestic and Family Violence advocating the humane treatment of children and the prohibition of corporal punishment, such codes fail to protect children adequately because they contain provisions that prohibit violence only when it can be shown to be abusive, which can be interpreted as tolerating certain forms of severe disciplinary measures. Hence, much violence directed toward the most vulnerable members of Bolivian society remains undetected. Article 208 of the Juvenile Code requires that juvenile cases be heard and tried via youth courts. The youth court judges are given responsibility to hear cases of juvenile offenses, of material or of moral neglect, and of danger or maltreatment suffered by juveniles. They have the power to pronounce abandonment of a minor; to settle cases concerning acts endangering the health or physical or moral development of a minor; to place youth in the care of his parents,; and to determine appropriate measures for the treatment, care, and protection of minors in circumstances envisaged in the code. Follow-up and preventive measures are also set for abandoned youth placed in institutions regarding possible irregularities infringing the rights of the child. Despite weekly inspections of police stations and institutions, set to be conducted by speciﬁcally appointed persons, for the protection, assistance, and rehabilitation of minors, the summary record of the UN Committee on the Rights of the Child report of its 52nd session in 2009 clearly stated that amenities are still inadequate, often placing youth in adult detention centers.

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However, the penalty contradicted article 17 of the Constitution, which states that “cases of assassination, parricide and treason against the state [are] punished by 30 years of prison, without the right to pardon.” In 1997, Law 1768 formally replaced the death penalty with the 30-year jail sentence consistent with the Constitution. Additional penalties include absolute legal incapacity (loss of civil rights) and special legal incapacity (loss of some civil rights).

Typical Punishment for Rape In Bolivia, physical and sexual violence against women is rampant yet underreported. In 1997, Law 1678 was promulgated and modiﬁed the penal code to include “sexual violence” as a crime punishable by law, but the problem persists. Bolivia houses a paternal and male-dominant culture where women and young girls, especially of lower economic means, have accepted a passive role toward men. Although the Office on Drugs and Crime reported 134 “total recorded rapes in city” and 7 “rape suspects” in 2006, the Center for the Information and Development of Women reports that 70 percent of women were physically and/or psychologically abused and that this number still “did not reﬂect the full magnitude of the problem of violence against women” because most women did not report the daily aggression they faced. The code of criminal procedures makes rape and sexual crimes against minors public crimes. Forcible statutory rape against a child under 14 years of age is penalized by law with 10 to 20 years in prison. In cases involving consensual sex with a minor (between the ages of 14 and 18 years), the penalty is 2 to 6 years’ imprisonment. Forcible rape of an adult, depending on circumstances, is punishable by 4 to 10 years’ imprisonment.

Typical Punishment for Theft, Burglary, and Robbery

Punishment Typical Punishment for Murder Prior to 1997, the Bolivian penal code prescribed the death penalty for murder, especially parricide.

According to the Bolivian penal code, article 331, theft, burglary, and robbery are punishable by imprisonment for between 1 and 5 years. Aggravated robbery, on the other hand, is liable to be punished

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by 3 to 10 years, depending on the circumstances (e.g., with a weapon, number of participants, area in which act was committed, etc). For the indigenous Aymara community in the Andes and Altiplano regions and the Quechua community in the rural areas, the most serious crime is often considered to be theft of agricultural products and farm animals. With remote police presence in mountainous and rural areas, the guilty party often has been dealt with by the community by means of mockery, intimidation, stoning, exile, and even death.

Death Penalty A constitutional amendment abolished capital punishment in 1961. But it was reinstated in 1971 for terrorism, kidnapping, and crimes against government and security personnel. In 1973, the Supreme Court of Justice upheld the constitutionality of the controversial article 109 that went into force in 1973, which mandates the death penalty, by ﬁring squad, for any citizen who takes up arms against the nation, joins its enemies, or collaborates with the enemy in the event of a foreign war. In 1981, the death penalty was extended to drug trafficking. In 1997, the death penalty was abolished for ordinary crimes. A death sentence could not be carried out, however, until the president decided against commutation. The president could commute the death penalty in favor of the second-most severe punishment, which was 30 years at hard labor, with no recourse to pardon or clemency. The last execution in Bolivia was carried out in 1974. Indigenous communities in areas with little state presence impose punishments that reportedly have included the death penalty for members who violated traditional norms of morality and ethics, although the Constitution prohibits the death penalty for ordinary crimes deﬁned in the penal code. How the conﬂict between the official recognition of communitarian justice by the 2009 constitutional reform and the constitutional prohibition of the death penalty will be settled remains unknown.

Prison Penitentiary centers are used to house defendants awaiting trial or disposition and convicted offenders

serving custodial sentences. The number of correctional establishments decreased from 89 in 2003 to 67 in 2006; because of rampant human rights problems, some of the worst prisons were closed down over the years. In 2005, Bolivia’s total prison population (including pretrial detainees) included 7,710 inmates in facilities designed to hold 4,700 prisoners. With an estimated national population of 9.3 million, the prison population rate was at 83 inmates per 100,000 of the nation population. As per the International Centre for Prison Studies, almost all countries have a proportion of women prisoners lower than 12 percent, with a norm of about 6 percent; in Bolivia, 16.7 percent of the prison population are women. In terms of offenses, 80 percent of the inmates are serving sentences for drug-related offenses, whereas in terms of legal status, defendants awaiting trial or disposition represent 75 percent of the total prisoner population—hence, only about 25 percent of all prisoners are actually serving a sentence. Overcrowding in penal institutions is alarming; for example, the population exceeds capacity by 500 percent at the men’s facility of San Pedro Prison in La Paz, by 300 percent at the women’s prison in La Paz, and by 345 percent in Mocovi Prison. Prison escapes are frequent; with the exception of the maximum-security prison Chonchocoro in El Alto, correctional authorities control only the outer security perimeter of each prison. Prisoners typically control the insides of the prison walls, allowing for criminal gangs to operate from their cells without interference. Most inmates live with their families within prison walls, have jobs (e.g., selling food, doing laundry, shining shoes, cutting hair, and performing maintenance), and elect leaders to enforce laws and to manage the general ﬁnances. The wives and children of the inmates are free to come and go, often working or attending school outside the prison walls. Legally, children under 6 years of age are allowed to remain with their parents in prison, but in reality, children all the way up to the ages of 12 to 15 years often stay. This creates an interesting social phenomenon. Younger children are cared for by the day cares available inside the prison walls. Without the income of their husbands, the wives are often

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Bolivia

unable to ﬁnancially sustain themselves and their children in the city. Moreover, this family connection often provides an important psychosocial support for the prisoner. Financially, wives often bring items into the prison and help provide an alternative income by selling these items in small market stalls or directly from their cells. Typically, inmates are required to work to pay for their cells and to provide for their own food. Cells are rented for the duration of the inmate’s sentence with a mandatory entrance fee of approximately US$500 and a subsequent cell rental cost ranging from US$1,000 to US$1,500, which makes detention unaffordable for many. However, if a prisoner is wealthy, he or she can either pay his or her way out of jail or live in a comfortable cell and have people working for him or her (i.e., in a kiosk, small store, or restaurant). Visiting hours run according to the institutions’ set curfews. All visitors must pay an entrance fee. In fact, tourism within the prison provides an important income for the inmates. In bigger prisons, inmates work as tour guides and sell handmade crafts to the visitors. There is even a hotel within the San Pedro Prison for visiting guests, as well as a hospital and a church. However, San Pedro’s doors have recently been closed to visitors because of the illegal coca base, paste, and cocaine market within the prison. Aside from tourism, political candidates often visit prisons to conduct campaigns aimed at winning the support of incarcerated offenders. Unlike many other countries, Bolivian inmates maintain their right to vote in national elections. In June 2006, President Evo Morales indicated that it was unacceptable that certain inmates enjoyed privileges as a result of their ﬁnancial, political, or social status because according to article 5 of the penal code, criminal law does not recognize any jurisdiction or personal privilege. Hence, an initiative was set to enforce this rule and eliminate privileged spaces for the wealthy in Bolivia’s prisons.

Juveniles Although statutes specify that adolescents between 16 and 21 years old should be separated from the adults, as a result of insufficient resources in juvenile

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corrections, they are often sent to adult prison. In 2006, 706 convicted juvenile detainees (16 to 21 years old) lived with adult prisoners in prisons and were prime targets for abuse. For youth aged 12 to 16 charged with social liability, there are a few juvenile detention centers or reformatories in the country. Youths from 12 to 16 years of age can be detained indeﬁnitely in juvenile institutions for known or alleged offenses, for their protection, or merely based on the recommendations of a social worker without any judicial review of such orders. The few juvenile institutions that exist tend to be understaffed and poorly run. There is a deep concern over the unhealthy conditions of these custodial institutions, and civic groups have started to demand for experimentation with noncustodial sanctions for youths as alternatives to custodial dispositions. Worse, in 2004, there were more than 730 children and adolescents, including 450 boys and 280 girls, living with their convicted and sentenced parents in adult prisons because they did not have other legal guardians and had nowhere to go. Although basic education and medical care were provided to these youths, the prison environment posed a very serious threat to their developmental well-being.

Extradition Bolivian law regulates extradition in both its substantive and its procedural codes. Article 3 of the criminal code determines that no person subject to the jurisdiction of Bolivian law may be delivered by extradition to another state, unless otherwise provided for under an international treaty or convention of reciprocity. The Supreme Court shall decide whether the extradition has a legal basis or is unfounded. In the case of reciprocity, extradition may not proceed if the act for which it is sought does not constitute a crime pursuant to the law of the state requesting the extradition and that of the state asked to grant it. Two requirements must be met for proceeding with extradition. First, there must be a treaty or agreement of reciprocity, duly approved by national legislation. Second, the act must constitute a crime

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in both Bolivia and the country requesting extradition. The code of criminal procedure regulates the procedure governing all extradition matters; it indicates the steps to be taken by the Foreign Ministry of the Republic and gives the Supreme Court the power to decide on the viability of the matter. Claudia Zambrana Further Reading Linera, Alvaro Garcia, Marxa Chaves Léon, and Patricia Costas Monje. (2005). Sociología de los Movimientos Sociales en Bolivia: Estructuras de movilización, repertorios culturales y acción política. La Paz, Bolivia: Diakonia/Oxfam, Plural editores. Thoumi, Francisco E. (2003). Illegal Drugs, Economy and Society in the Andes. Washington, DC: Woodrow Wilson Center Press. Youngers, Coletta A., and Eileen Rosin. (2005). Drogas y Democracia en América Latina: El impacto de la política de Estados Unidos. Buenos Aires, Argentina: Editorial Biblos.

Brazil Legal System: Civil Murder: High Burglary: Low Corruption: Medium Human Trafficking: Medium Prison Rate: High Death Penalty: No Corporal Punishment: Yes

poverty line, and the unemployment rate is 8 percent. The country presents a high concentration of people in urban areas. The average urbanization rate in Brazil is over 82 percent, reaching more than 90 percent in some states, such as São Paulo. The Federative Republic of Brazil is composed of 26 states and a federal district, divided politically and geographically into ﬁve different regions. Comprising seven states, the North region covers the major part of the Brazilian territory and is dominated by the Amazon River basin as well as the Brazilian portion of the rainforest. The Northeast includes nine states and features the country’s lowest life expectancy and highest poverty levels. From an economic perspective, the Southeast is Brazil’s most important region, and it holds in its four states most of the country’s industrial production and the highest concentration of population. Brazil’s largest cities—São Paulo and Rio de Janeiro—are located in this area. The South, composed of three states, is the country’s smallest region and has increasingly developed its industrial base. Last, the Midwest includes three states and the Federal District, which contains the country’s capital, Brasília. Although the transfer of the capital from Rio de Janeiro to the region in 1960 has contributed to the area’s development, most of the region’s economy is based on cattle-breeding and agriculture, especially soybean production. Brazil shares its borders with all but two South American countries: Ecuador and Chile. Its extensive borders with drug-producing countries in the continent, as well as its vast waterways, air, and road infrastructure, facilitate smuggling routes for drug trafficking.

Governance

Background With a total area of 3,265,075 square miles and approximately 183 million inhabitants, Brazil is the world’s ﬁfth-largest country both in area and in population. It is also the world’s ninth-largest economy, with a gross domestic product (GDP) of roughly 1.8 trillion in 2007. According to official statistics, about a third of Brazilian citizens are below the

The country follows a tripartite model of governance. The judicial branch is formed by the Supreme Federal Tribunal (with 11 ministers); the Higher Tribunal of Justice (at least 33 members); ﬁve regional federal tribunals (with seven judges); the higher electoral tribunals (with 27 members); the higher military tribunals (15 members nominated by the president and selected from the army, navy, and air force, as

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Brazil

well as civilians); and ﬁnally, the state and the federal district tribunals. The most important role of Brazil’s Supreme Federal Tribunal is to rule on the ﬁnal interpretation of the Constitution; the tribunal can also declare void the acts decreed by the Congress. The legislative branch is bicameral: the Federal Senate (81 seats) and the Chamber of Deputies (513 members) form the National Congress. Last, the executive branch is headed by the country’s president (elected democratically every four years with reelection allowed only once) and includes several ministries, secretaries, departments, and agencies. The legislative process in Brazil is complex. Bills can originate from the president’s office, the Supreme Federal Tribunal, or the Higher Tribunal of Justice or can be introduced by federal deputies, the general prosecutor, senators, state assemblies, or citizens. Every bill is submitted to technical, material, and formal scrutiny by at least one of the standing committees of the Chamber of Deputies or Senate. If approved, a bill is subject to voting in a plenary assembly and can be amended. After endorsement by the originating instance, the bill is evaluated by the country’s president, who sanctions or vetoes it entirely or in part. However, a presidential veto is not decisive; a congressional vote can override it.

Legal History The history of Brazil’s legal system can be traced to its colonization by the Portuguese in 1500. It encompasses four major periods: a colonial period, during which Portugal’s laws extended over the colony; an imperial era, following Brazil’s independence in 1822; the Old Republican era, which inaugurated the democratic system in Brazil; and the era beginning with the 1940 penal code, which to date still represents a considerable portion of Brazilian penal law. During the colonial period, the Portuguese law codes were the only ruling documents on which the Brazilian legal system relied. Four legal ordinances, issued respectively by King Afonso V (1500–1512), King Manuel I (1512–1569), King Sebastião I (1569–1603), and King Filipe II (in effect

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from 1603 to 1830), marked the period in which law and religion were practically indiscernible, and sins and moral offenses made up most of the punishable crimes. The punishments were often cruel and included mutilation, branding, and torture. The death penalty was widely applied and took various forms (by hanging or “natural death,” preceded by torture, or morte cruel; or by ﬁre followed by dismemberment of the cadaver, or morte atroz). In 1830, eight years after Brazil declared its independence from Portugal, the Imperial Criminal Code was passed into law. Highly inﬂuenced by Jeremy Bentham’s utilitarian doctrine, as well as by the liberal principles of the Enlightenment, the code proscribed political persecutions and reserved the death penalty for crimes committed by slaves. In 1832, the ﬁrst criminal procedure code was promulgated, which completed the Brazilian penal legislation of the period. In 1890, following the abolition of slavery and the establishment of Brazil as a republic, a new penal code was drafted and passed into law. Known as the Republican Penal Code, the document abolished the death penalty and instated the correctional penitentiary regime. Finally, in 1940, a new penal code (Código Penal Brasileiro) was drafted and became effective two years later. To this date, the 1940 code is still the fundamental piece of Brazilian penal legislation. Civil, commercial, and civil procedure laws compose the three other principal codes in which Brazilian law is prescribed. In 1984, following three major reforms in 1963, 1969, and 1978, the General Part of the Penal Code (Parte Geral do Código Penal) was substantially modiﬁed to include the Penal Execution Laws (Leis de Execução Penal), a number of seemingly unrelated regulations ranging from crimes against the environment to electoral as well as postal service laws. The bulk of the 1940 penal code (with its reforms) was then incorporated into what is now called the “Special Part” (Parte Especial) of the penal legislation. Just as Brazilian’s legal history has been profoundly affected by that country’s colonization process, so have its criminal justice system and the

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official mechanisms of social control. For example, the trial process in Brazil still retains an inquisitorial component, inherited from Portugal’s continental law-based system. In addition, Brazil’s state police force, the Polícia Civil, ﬁnds its roots in the Police Commissariat (Intendência Geral de Polícia), founded in 1808 by Brazil’s Prince D. João VI to contain slave insurgency.

Political and Social Context of the Criminal Justice System Brazil remained a colony for 322 years after the Portuguese landed there in 1500. Following its independence in 1822, the country conserved a monarchal form of government until 1889 when the republic was proclaimed, and a constitutional system similar to the American model was established. During most of the duration of the republic, two states—São Paulo and Minas Gerais—dominated the political leadership in Brazil. This bipartisanship came to an end with the 1930 revolution, which brought about the ﬁrst electoral code. Among several inroads toward democracy, the code extended voting rights to women. The period between the end of World War II and 1964 was a politically unstable one in the history of the country and culminated with the establishment of the Brazilian military regime. Formally resumed in 1985, Brazil’s re-democratization reestablished party pluralism, and a new Constitution was promulgated in 1988. Fernando Collor de Mello became the ﬁrst president to be democratically elected since the military coup d’état. He was later impeached because of his involvement in several corruption scandals. Corruption in Brazil is not circumscribed to the political circle and directly affects the criminal justice system. To illustrate, the judiciary has increasingly been the focus of streamlining actions by the current president, Luiz Inácio Lula da Silva. In December 2004, the National Congress passed a constitutional amendment aimed at guaranteeing uniformity of jurisprudence. The amendment also established a National Council of Justice (Conselho Nacional de Justiça) as an external oversight mechanism over the judiciary.

Corruption is also prevalent in all levels of the police forces. The average Brazilian policeman makes the equivalent to US$300.00 per month. Bribes and hit jobs (i.e., murder for money) complement this meager income. Not only corruption but also discriminatory practices contribute to high levels of public distrust in the police force. For example, a study conducted by the Instituto Superior de Estudos Religiosos (ISER, or Superior Institute for Religion Studies) reveals that in 1999, blacks and mulattoes were more likely to die during confrontations with police (70.2 percent) than whites (29.8 percent). Brazil’s former secretary of public security, Luiz Eduardo Soares, has stated that “the ﬁght against racism [in Brazil] is also a ﬁght against a corrupt and violent police.” The legal control of crime and violence in Brazil also suffers from many other failings, especially with respect to violations of human rights. Torture of offenders and suspects, discrimination against certain groups’ rights (women, children, landless peasants, etc.), ill treatment of prisoners, and the undeniable existence of police extermination groups are just a few examples. In an attempt to counter such violations and impunity, in 1997, then-president Fernando Henrique Cardoso created a National Department for Human Rights (Secretaria Especial de Direitos Humanos). Currently, the department’s agenda focuses, among other themes, on the minimization of illegal slavery and sexual exploitation of children and adolescents. Besides government initiatives, civil society groups, such as Rio de Janeiro’s Viva Rio and São Paulo’s Violence Study Unit continually bring the issues of violence, crime, and human rights violation to public attention, thereby pressing for public policy and legal reforms.

Crime Classification of Crimes The Special Part of the penal code prescribes the following types of felony (“delicts” or “crime”) offenses. Felonies are punished with imprisonment, ﬁnes, or restriction of certain rights (e.g., suspension of professional license), depending on the offense.

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Brazil

1. Crimes against persons consist of six major offenses. “Crimes against life” include three forms of homicide (simple, which is equivalent to the American deﬁnition of murder; unintentional, which parallels the American notion of manslaughter; and aggravated, in which, for instance, death is caused to cover other crimes). “Personal injury crimes” comprise major and minor assaults. “Crimes of endangerment of life and health” include, among other offenses, intentional exposure to venereal disease and the abandonment of newborns. “Crimes against honor” (e.g., defamation) and those qualiﬁed as “vendetta” (e.g., taking part in feud brawls) are also proscribed. Finally, kidnappings, forced labor, and other types of “crimes against personal freedom” are also prohibited. 2. Crimes against property consist of theft, robbery, blackmail, extortion, and embezzlement, among others. 3. Crimes against immaterial property concern copyright violations and the like. 4. Crimes against the organization of labor include abusive strikes, lockouts, and others. 5. Crimes against religious sentiment and respect for the deceased regard religious persecutions, violation of graves, and so on. 6. Crimes against social norms include forcible rape, child abuse, prostitution, trafficking in persons, and so on. 7. Crime against family include bigamy and child neglect. In 2005, the code was reformed to exclude adultery as a crime. Until then, the argument of legitimate defense of the honor was widely used in trials involving unfaithful wives killed by their husbands. In a symbolic gesture, Brazil’s president Luiz Inácio Lula da Silva signed the law reform on March 8, the International Women’s Day. 8. Crimes against public safety include, among others, arson, sabotage, and the intentional release of harmful germs. 9. Crimes against public peace concern inciting crimes and participating in organized crime. 10. Crimes against public trust involve several types of counterfeiting.

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11. Crimes against public administration are those regarding corruption, abuse of power, tax evasion, and so on. The penal code also outlines several misdemeanors (contravenções), such as unlawful production and commerce of weapons, animal cruelty, gambling, peddling, solicitation, and other acts. Misdemeanors are punished with imprisonment or ﬁnes, depending on the offense.

Age of Criminal Responsibility The age of criminal responsibility in Brazil is 18. However, prompted by the brutal murder of a 6-year-old boy by minors in Rio de Janeiro in 2007, Brazilian legislators are currently considering a reduction in the age of criminal responsibility from 18 to 16 for common offenses and to 13 in the case of heinous crimes. Children, deﬁned as persons younger than 12 years of age, cannot be criminally charged. Juveniles, or those between 12 and 17 years of age, are not subject to the penal code. Instead, their offenses are regulated by the Statute of Children and Adolescents (Estatuto da Criança e do Adolescente), a law passed in 1990. Juveniles are also subject to judicial actions under the jurisdiction of a special court system, the Childhood and Youth Justice System (Justiça da Infância e da Juventude). The Statute of Children and Adolescents determines that juvenile offenders cannot be sentenced to imprisonment. According to the law, these offenders are subject to the following punishments: verbal warning, ﬁnancial reimbursement to the victim, community service, probation, and detention in designated custodial institutions. Though designed to protect the welfare of accused juveniles and promote rehabilitation, the statute has undesirable effects. The degree of impunity provided by the law makes children and juveniles ideal couriers for drug trafficking.

Drug Offenses In 2006, Brazil sanctioned a new law redeﬁning drug offenses and prescribing measures of prevention, treatment, and social reintegration, as well

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as punishments. Among other accomplishments, the law instituted the National Anti-Drug System (SISNAD), a centralized agency in charge of coordinating and organizing antidrug efforts. Three other main changes were brought about by this law. First, it decriminalized possession and production of drugs in small quantities, exclusively for personal consumption, offenses that are now punished by 5 to 10 months of community service, mandatory participation in educational programs, verbal warnings, and/or ﬁnes. The proceeds of the ﬁnes are destined for the National Anti-Drug Fund and invested in treatment and prevention programs. The law also prescribes a tougher punishment for drug trafficking (prison sentences with a minimum of 5 years and a maximum of 15 years). And ﬁnally, the law provides changes in several aspects of the criminal procedure (e.g., pretrial detention is limited to 30 days for investigation of the charges). As stipulated by this law, any substances or products capable of causing dependency are considered “drugs.” Illegal drugs—or those for which use, possession, production, and any form of trade are legally proscribed—change constantly and are regulated by resolutions made by the National Agency of Sanitary Vigilance (ANVISA). The most recent document was issued in 2007, and it enumerates more than 100 different substances that are subjected to special control by Brazilian authorities. The list includes common illegal drugs such as cocaine, heroin, MDMA (Ecstasy), marijuana, and certain inhalants as well as the base-substances and/or plants from which other illegal drugs can be manufactured (e.g., peyote cactus).

Crime Statistics According to a study by the United Nations Regional Office on Drugs and Crime, Brazil is among the most violent nations in the world. Different sources report slightly different ﬁgures concerning homicide rates in Brazil. The National Coroner’s Office (considered to be one of the most reliable by researchers in that country) reported 23.5 homicides per 100,000 in 2000. The data published by the National Secretary of Public Security is slightly

higher: 27 homicides per 100,000 for the same year. There is a consensus that the rates are steadily increasing; in 1980, for instance, homicide rates according to the SENASP (Secretaria Nacional de Segurança Pública) were 11 per 100,000. It is worth noting, though, that homicide rates have decreased substantially in the city of São Paulo between 2000 and 2004. A few scholars have attributed this to the efforts of partnerships between community and police, as well as revitalization projects. Homicides are spatially concentrated in urban areas: 50 percent of the homicides are concentrated in 27 cities, and 50 percent take place in the remaining 5,480 municipalities. Some cities, such as Diadema in the state of São Paulo, present rates of more than 120 homicides per 100,000 inhabitants. Such ﬁgures are comparable to those from areas undergoing civil war. Victims of homicides in Brazil are mainly young people between 15 and 25 years of age, and these incidents often involve use of ﬁrearms. In 2000, gun-related rates were 18.6 per 100,000 (or, in other terms, roughly 61 percent of homicides involved use of a ﬁrearm). Nonetheless, in a referendum held in 2005, the Brazilian population rejected gun control. In 2001, according to the SENASP, more than 14,000 reports of rape were registered, a rate of 16.8 per 100,000 people. In 2003, the rate declined slightly to 15.9 per 100,000. The United Nations Center for International Crime Prevention (CICP) published data placing Brazil among the nations with the highest robbery incidence, with a rate of 400 robberies per 100,000 in 2000. In 2004, the rate of robberies reported to the police increased to 506.5 per 100,000; and in 2005, the ﬁgures reached a historical apex of 511.5 per 100,000. In 2001, more than 700,000 larceny-theft reports were ﬁled in Brazil, which corresponds to 964.1 per 100,000. In 2002, the rate was 1,053.1 per 100,000, and in 2003, it increased slightly to 1,201.6 per 100,000. These data account for reported burglaries (arrombamento) and motor-vehicle thefts as well. According to official statistics, 370,120 vehicles were reported stolen in 2002—for a rate of 218 vehicles per 100,000 people. SENASP also reports that the

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Brazil

rates for aggravated assault have been steadily increasing: 327.4 per 100,000 in 2001; 345 per 100,000 in 2002; and 350 per 100,000 in 2003. Overall drug consumption in Brazil has steadily increased in the past years, as stated in the 2007 World Drug Report by the United Nations Office on Drugs and Crime (UNODC). For instance, the report documents an increase in the proportion of Brazilians who consume cocaine (0.4 percent of the adult population in 2001and 0.7 percent in 2005, the latest trend year for which data are available). The 2005 data correspond to roughly 860,000 cocaine users between the ages of 15 and 64 years. Additionally, the report stated that the consumption of marijuana also had increased (from 1 percent in 2001 to 2.6 percent in 2005). Brazil is also the largest opiate market in South America, with an estimated 600,000 people, or 0.5 percent of the general population, age 12–65, being users.

Finding of Guilt Criminal trials in Brazil are typically composed of two phases. The ﬁrst part is inquisitorial and presided over by a judge who questions the parties involved, as well as witnesses. In the case of crimes against life (e.g., homicide, abortion, suicide assistance, etc.), the prosecutor or the defense counsel may request the second phase of the trial to be handled by a jury court (tribunal do júri). The jury court is composed of a judge and 21 prospective jurors, later narrowed down to a group of 7 who will actually participate in the trial, often questioning defense witnesses if they wish to do so. The jury system was instituted in Brazil in 1822, and much like in the United States, the pool of prospective jurors is randomly drawn from the adult population of the district in which the court operates. Though plea bargaining, as practiced in the United States, is not allowed by law in Brazil, there is a functional equivalent used to manage overwhelming caseloads (conﬁssão delatória and delação premiada). The legal rights of the accused are guaranteed by the 1988 Constitution. These rights can be summarized as follows: to be informed speciﬁcally and clearly of the charges; to be assisted by

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family, attorney, or legal aid following arrest; to be assisted, during the preliminary investigation, by a defense attorney or public defender; not to give selfincriminating evidence; to request investigation of the facts or circumstances that might establish innocence; to report directly to a judge; to be informed of the content of an investigation; to habeas corpus, particularly if the accused is threatened with violence, coercion, or abuse; not to be tortured or treated in a cruel, inhumane, or degrading manner; not to be subjected to investigative or detention techniques that alter free will or volition, even when consented to; not to be tried in absentia; and to jury decision by secret ballot in cases of prosecution of crimes against life. The right to bail was modiﬁed in 1990 with the introduction of the Law of Heinous Crimes (Lei dos Crimes Hediondos). This law establishes that judges cannot allow bail when a person is accused of homicide, rape, kidnapping, or aggravated assault, among other crimes. All other crimes are eligible for bail, set by the trial judge. One of the implications of the Law of Heinous Crimes is that the majority of criminal defendants do not even have the right to request provisional liberty, which results in excessive pretrial detention. Very often, lengthy pretrial detention is also combined with extensive criminal proceedings. Though information on the national average length of trial proceedings is absent, the situation in some states seems worse than in others. To illustrate, in the Northern state of Pará, 7 of every 10 prisoners were still awaiting trial in 1999. The slowness of the justice system in Brazil may also be caused by the relatively low rate of judges per number of inhabitants. To illustrate, a report by the National Council of Justice issued in 2006 revealed a rate of 6 judges per 100,000 inhabitants; by comparison, in Austria, for instance, the proportion is 21 judges per 100,000. The different levels of the justice system require different qualiﬁcations from judges. Though all of them must have a law degree and a minimum of three years of experience in the criminal justice system, lower-court judges are admitted through public exams, whereas higher-court judges must be appointed by the president and conﬁrmed by the Senate.

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Punishment Types of Punishment The kinds of punishment typically used in Brazil include ﬁnes, reparations and/or compensation for victims, temporary interdiction of rights, detention, and imprisonment. Verbal warnings, treatment, community service, and mandatory participation in prevention programs are also applied in drug convictions, minor crimes, and juvenile adjudications. In cases of imprisonment, the maximum sentence per conviction is 30 years. The calculus of the sentence starts with a number of years speciﬁed in the penal code, which can be increased or decreased depending on the mitigating and aggravating circumstances of the crime in question. Inmates are eligible for parole after serving one-third of the sentence in the case of ﬁrst-time offenders and after serving one-half for recidivists. Those convicted of heinous crimes must serve at least two-ﬁfths of their sentence to qualify for parole. Murder convicts can be punished with 6 to 20 years of imprisonment. However, this length can be decreased by one-sixth to one-third if the judge determines the existence of mitigating circumstances (e.g., relevant social or moral motive); an increase in years in prison can also be carried out if the judge determines the existence of aggravating circumstances (e.g., murder preceded by torture). Imprisonment is also the typical punishment for rape (6 to 10 years), as well as for theft, burglary, and robbery (4 to 10 years, subject to change if mitigating or aggravating circumstances are present). Brazil is an abolitionist nation for ordinary crimes. In fact, the 1988 Federal Constitution proscribes the institution of death penalty in a clause that cannot be altered by the Congress (cláusula pétrea). Capital punishment is applicable only in case of declared war. Alternatives to imprisonment, such as community service, have received increased support from the Brazilian government, given the growth of the inmate population between 1994 and 2006. In 1999, the National Center of Support and Oversight of Alternative Punishment and Measures (Central Nacional de Apoio e Acompanhamento de Penas

e Medidas Alternativas) was established, with the goal of implementing such alternatives to incarceration. The result was a remarkable rise in the number of people serving alternative sentences: from 197 in 1987 to roughly 300,000 in 2006.

Prisons In 2007, as reported by the Brazilian Justice Department, the number of inmates in Brazil reached a total of 422,590 distributed through state and federal penitentiaries, as well as local jails. This corresponds to a rate of roughly 227 inmates per 100,000 inhabitants. Still, according to the department, the country’s prison system can adequately house only 275,000 inmates. The deﬁcit is an indicator of just how overcrowded Brazilian cells are, which has led to numerous claims of human rights infringement by activist groups such as Human Watch International and Amnesty International, among others. The annual cost per inmate is roughly US$6,000. Ofﬁcial 2007 data provide the following information about the prison population: Nearly 40 percent of the inmates did not complete high school. Twentyseven percent of Brazilian prisoners are serving 8 years or less, whereas roughly 4.5 percent are serving sentences between 20 and 30 years. A considerable number of offenders were convicted for simple or aggravated robbery (27 percent), drug offenses (15 percent), burglary (13 percent), and homicide (11 percent). Women account for merely 6 percent of the total inmate population, and most prisoners (58 percent) are between 18 and 29 years old. In 2007, according to data published by the National Department of Penitentiaries, Brazil’s penal system presented a total of 402 correctional facilities, 41 prison farms, 38 halfway houses, 1,030 local jails, and 25 custodial hospitals. Still according to official statistics, the state of São Paulo houses one of every three Brazilians who are in prison. The state also used to house the largest prison system in Latin America—the Casa de Detenção or Carandiru. Founded in the 1920s, Carandiru had a population of approximately 8,000 inmates in the late 1990s. The prison complex was demolished in 2002, 10 years after 111 of its inmates were killed by the military police during a riot.

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British Virgin Islands

The national law regulating inmates’ rights and duties require all convicted prisoners to work. However, despite the law’s mandates, the country’s penal facilities do not offer sufficient work opportunities to occupy all prisoners. The situation is even more precarious in police lockups, where the only job opportunity is janitorial work. Inmates are typically employed by private companies, which hire prisoners to produce items such as notebooks, toys, or license plates. The National Prison Fund (FUNPEN), in charge of managing prison labor, operates sewing and carpentry workshops in a few prisons. By law, each working inmate should be paid threequarters of the national minimum wage monthly, or approximately US$180.00 per month. A report by Human Rights International has found that very few prisons actually pay inmates salaries near that amount, and most commonly, inmates in manufacturing jobs are paid according to the number of pieces produced. The report points out that several prisons did not pay inmates at all. Under federal law, inmates are also entitled to an education, including vocational and professional training. However, the opportunities offered in reality are also scarce in this area. Brazilian inmates are entitled to visitation rights, and a few prisons allow for conjugal visits. The degree of security check of visitors varies from prison to prison. In maximum-security prisons, such as the Campo Grande Penitentiary, all visitors must undergo a thorough strip search, and in case of suspicion that the visitor is in possession of weapons or any other contraband, a medical team is summoned to conduct a body cavity search. Extradition of prisoners to other countries is allowed in Brazil. To illustrate, Brazil’s Supreme Court authorized in March 2008 the transfer of Juan Carlos Ramirez Abadia, one of Colombia’s most-wanted drug lords, to the United States. The extradition rested on the condition that Abadia would not face the death penalty and would not serve more than 30 years in prison—the maximum sentence per conviction prescribed by the Brazilian penal code. The drug trafficker was arrested in São Paulo in 2007. As one of the leaders of the Norte del Valle Cartel, Abadia was wanted on drug

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smuggling, murder, and racketeering charges in the United States. Giza Lopes Further Reading Caulﬁeld, Sueann. (2000). In Defense of Honor: Sexual Morality, Modernity, and Nation in EarlyTwentieth-Century Brazil. Durham, NC: Duke University Press. Hecht, Tobias. (1998). At Home in the Street: Street Children of Northeast Brazil. New York: Cambridge University Press. Hinton, Mercedes S. (2006). The State on the Streets: Police and Politics in Argentina and Brazil. Boulder, CO: Lynne Rienner Publishers. UNODC Regional Office of Brazil. (2005). Country Proﬁle. United Nations Office on Drugs and Crime: http://www.unodc.org/pdf/brazil/ COUNTRY%20PROFILE%20Eng.pdf.

British Virgin Islands Legal System: Common Prison Rate: Low Death Penalty: No

Background The British Virgin Islands (BVI) comprise the islands of Tortola, Virgin Gorda, Anegada, Jost Van Dyke, and around 50 other islets, cays, and rocks. They are situated to the north and east of the U.S. Virgin Islands, from which they are separated at their closest point by a stretch of water known as The Narrows. Bounded at the north by the Atlantic Ocean and the south by the Caribbean Sea, the islands cover a total land area of around 59 square miles, of which the largest, Tortola, accounts for 21. The estimated total population of the islands stood at 24,491 in July 2009 with around 9,000 living in the capital, Road Town, on Tortola. According to the 2004 census, 83.4 percent of the population is black. The islands are considered a self-governing overseas territory of the United Kingdom.

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Legal History British proprietorship over the British Virgin Islands is generally dated from 1672, the year that Colonel William Stapleton took possession of Tortola from the Dutch. It was not until 1773 that permission was granted from Britain to establish an independent legislature, the islands having been governed until that time from Antigua by the governor of the Leeward Islands. Legislation to establish courts was passed in 1783, and in 1859, an inspector of police and two policemen were appointed, an additional officer being added in 1860. Rural constables existed but were not salaried. The judiciary—consisting of unpaid justices of the peace, a chief justice, and a stipendiary magistrate—had been abolished piecemeal by 1872. A circuit court was established based out of the Supreme Court of the Leeward Islands, though this too was abolished in 1902 when the legislature— which had by this time been reduced to an appointed, rather than elected, body—was disbanded altogether. Authority over the islands was again vested in the governor of the Leeward Islands, and the administration of justice was left in the hands of an untrained commissioner-magistrate. A legislative council was restored in 1950, with a Constitution and full self-government arriving in 1967. From the 1970s, the islands began to develop as an important offshore ﬁnancial center when U.S. companies began taking advantage of a doublerelief tax treaty. When the treaty was revoked unilaterally by the United States in 1981, the islanders reacted with the International Business Companies Act (IBCA) in 1984—an oft-copied piece of legislation that exempted companies from local taxation provided they did no business with local residents. New incorporations came slowly at ﬁrst but increased in number following the U.S. invasion of Panama in 1991. In 2000, according to a KPMG report, the British Virgin Islands accounted for no fewer than 41 percent of new incorporations in offshore ﬁnancial centers worldwide, making it the world leader in new incorporations. The IBCA was repealed in 2006 following international pressure from the Organisation for Economic Cooperation

and Development (OECD) and other bodies. Such is the importance (and litigiousness) of the ﬁnancial services industry in the BVI that a commercial court was founded in 2009 to preside over litigation concerning commercial claims and to reﬁne procedure and practice in relation to such claims. The building of the court was expected to be completed by the summer of 2009, at an estimated cost of almost 4 million U.S. dollars. Today, the law of the British Virgin Islands is a combination of English common law and local legislation. Criminal trial proceedings are accusatorial in nature. The 13-member House of Assembly of the British Virgin Islands, the local legislative body, produces legislation unique to the islands. In addition, law can be created in the islands by “orders-incouncil”—legislation ordered and promulgated by the British government. Orders-in-council have recently been used to enact controversial legislation such as the abolition of the death penalty for murder and the decriminalization of homosexuality.

Police Founded in 1967, the Royal Virgin Islands Police Force (RVIPF) is responsible for policing the islands. The organization has three subdivisions, known respectively as “community policing,” “specialist operations,” and “management services,” each headed by a superintendent. The community policing unit is responsible for police deployment, community relations work, the suppression of ﬁrearms violations, and traffic control. The special operations division is responsible for criminal investigations, intelligence and forensics, the investigation of ﬁnancial crime, and the suppression of drug trafficking (in part by marine and air patrols). Management services is staffed largely by civilian personnel and provides administrative support. In 2000, the RVIPF employed a total of 212 people, including 92 constables, 41 sergeants, 19 inspectors, and 11 traffic wardens (BVI Developmental Planning Unit 2000). The 2007 Constitution required that policing be overseen by a ﬁve-member Police Service Commission. The commission is intended to advise the

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British Virgin Islands

governor on appointments to the police and on matters of discipline, though the governor may disregard its advice where he or she feels it “would prejudice Her Majesty’s service.” The ﬁrst commission was appointed in February 2009.

Crime Classification of Crimes Offenses in the British Virgin Islands are divided into those that are triable on “indictment only” and those triable “summarily.” Indictment-only offenses are tried following a preliminary hearing to determine whether a prima facie case exists, and the right to a jury trial generally attaches. “Summary” offenses may generally be tried without a jury in the Magistrate’s Court. Certain offenses may be triable “either way,” though depending on the seriousness of the case in question, the Magistrate’s Court may not be permitted to try particular cases. Under section 12 of the 1997 Criminal Code Act, children under the age of 10 cannot be held liable for “any act or omission.” Children under the age of 14 are similarly protected, though the presumption that they do not know the difference between right and wrong is rebuttable. Generally, youth 16 years of age and under are dealt with under the Youth Courts Act of 2005. Drug crime and drug smuggling remain a considerable problem in the British Virgin Islands. The British Foreign and Commonwealth Office (FCO) warns that “problems associated with drug trafficking are potentially the most serious threat to stability.” The FCO goes on to report that the BVI are an ideal stopping point for traffickers making their way to Puerto Rico and the U.S. Virgin Islands, both of which are access points for the United States. Penalties for the use of drugs within the BVI, including cannabis, are stiff.

Crime Statistics Annual crime statistics are reported by the RVIPF. In 2006, counting procedures were reformed to count criminal incidents rather than criminal charges, as

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had previously been the case. In total, exactly 1,503 crimes were recorded by the Royal Virgin Islands Police Force in 2006, the most recent year for which data are available. Twenty percent of these were categorized as offenses against persons, 52 percent as against property, and 28 percent as other types of offenses (including customs, narcotics, weapons, public order, and fraud offenses). Major offenses reported against the person included 4 murders and 1 attempted murder, 3 rapes, 6 indecent assaults, and 5 cases of unlawful sex with a minor. Of the 40 assaults reported, 14 were recorded as having inﬂicted “grievous” bodily harm, whereas the remaining 26 inﬂicted only “serious” bodily harm. Of the 283 burglaries reported on the islands in 2006, 43 percent were of houses, 12 percent were commercial, and 10 percent were of “boats used as a dwelling.” These latter burglaries are characterized by especially low clearance rates (3%) compared to those in land-based residences (12%) and commercial properties (18%). The RVIPF refers to clearance rates as “detection rates.” The RVIPF recorded exactly 100 drug offenses in 2006, the majority of which (68%) were for the unlawful possession of cannabis. Ten percent were for possession of a variety of drugs with intent to supply, and 9 percent were for the unlawful cultivation of cannabis.

Finding of Guilt No statement on the fundamental rights and freedoms of British Virgin Islanders existed prior to the enactment of a new constitution in 2007. Section 16 of the 2007 Constitution speciﬁes that individuals have the right to be presumed innocent, to be informed of the nature of the charges against them, to be given adequate time for the preparation of their defense, to retain legal representation, to examine witnesses brought against them, to obtain witnesses to testify on their own behalf, and to be provided with an interpreter. Individuals have the right to be tried by jury when charged on indictment. Legal representation is to be provided at public expense “where he or she is unable to afford to retain a legal practitioner and the interests of justice so require.” Section 16 also contains protections against double

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jeopardy and self-incrimination, affirmations of the rights to appeal and to a speedy and public trial, and a provision allowing for compensation to victims of miscarriages of justice. The authority to prosecute criminal cases is vested in the person of the director of public prosecutions, appointed by the governor on the advice of the Judicial and Legal Services Commission—a ﬁveperson commission dominated by high-ranking jurists. The Constitution speciﬁes that this individual must be admitted to practice law in the British Virgin Islands with seven years’ experience. All judges are appointed by the chief justice of the Eastern Caribbean Supreme Court (ECSC). The ECSC is, for most purposes, the highest court of appeal in the BVI, though for certain cases, further recourse may be available to the Judicial Committee of the Privy Council in London. The annual reports of the ECSC provide much of the available data on the performance of BVI courts. Of its 82 judgments passed in 2007, 15 concerned the BVI. The BVI Magistrate’s Court, which deals with most low-level (summary) cases, received 1,138 ﬁlings in criminal matters in 2007, 50 percent of that year’s ﬁlings in the court, the remainder being civil and other matters. Seven hundred and six criminal cases were disposed in the Magistrate’s Court in 2007, representing 37 percent of all dispositions. A separate system for trying juveniles exists for all persons 16 years old or younger, as described in the Youth Courts Act of 2005.

Punishment Types of Punishment The BVI Criminal Code, passed into law in 1997, speciﬁes the punishments for most criminal offenses. Under section 22 of the code, seven types of punishment are allowable, and an eighth category provides for “any other punishment expressly provided for by law for the time being in force.” The seven categories explicitly noted include imprisonment, ﬁnes, payment of compensation to injured party, suspended sentences, release on recognizance, probation, and forfeiture of the articles involved in an

offense. The Criminal Justice (Alternative Sentencing) Act of 2005 expanded sentencing options to include alternatives such as required attendance at treatment or training programs. Where imprisonment is imposed, the criminal code speciﬁes the upper limit on the sentence for which an offender is liable, with the exception of murder, where a life sentence is required. Suspended sentences are intended for exceptional cases only and may be imposed only where the term of imprisonment that would otherwise have been imposed would not have exceeded two years. Offenders who commit another imprisonable offense within one to two years of the order (as speciﬁed by the court) may then face the imposition of the original sentence, at the court’s discretion. Offenders released on their own recognizance are required to “keep the peace and be of good behavior” and can be required to offer ﬁnancial sureties to ensure compliance. Compensation to the injured party may be ordered in addition to any other punishment imposed in any case. In certain cases, it is also possible to order the convicted offender to pay the costs of prosecution. Sentences are cumulative unless the court speciﬁcally mandates they run concurrently. Section 150 of the act speciﬁes that the penalty for murder is life imprisonment. Under section 23 of the same act, no shorter term may be applied. For convictions of all other types, shorter terms than the maximum may be awarded. For rape, the offender is liable to a maximum of life imprisonment (section 117). The punishment for theft depends on whether the individual was convicted summarily or on indictment. Summary convictions render offenders liable to a sentence limited to 2 years; convictions on indictment increase the maximum possible to 10 years (Section 209). Offenders convicted of robbery are liable to life imprisonment (Section 210). Offenders convicted of burglary are liable to a sentence not exceeding 14 years, except in aggravated cases. Aggravated burglary occurs when the offender was in possession of an offensive weapon and renders those convicted liable to life imprisonment (sections 211, 212). The death penalty for murder was abolished in 1991 by an order-in-council.

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Canada

Prison The only prison in the BVI is located at Balsam Ghut on the eastern end of Tortola, where it is overseen by a superintendent who is directly accountable to the governor. It was constructed between 1996 and 1997. At the time of its construction, it contained 68 cells with separate compounds for high-security and female prisoners. It is also equipped with workshops, laundry and cooking facilities, and a basketball court. A new immigration detention center, with a reported capacity of 36 men and 24 women, was opened at the prison in 2008. On May 26, 2008, 117 people were held in prison at Balsam Ghut, including remand (pretrial) detainees. Of the total population, 2.6 percent were under 18 years of age. The International Centre for Prison Studies at Kings College, London, calculates that this translates into an incarceration rate of 488 individuals per 100,000 head of population. This ﬁgure is up from a total of 43 prisoners, or a rate of 215 per 100,000 population, in 1999. Inmates are not required to attend classes, though a 2000 report stated that educational opportunities were available in academic subjects (English, mathematics, social studies, and computer studies, among others) and certain vocational skills (tailoring, carpentry, and silkscreen printing). The prison is described as “based on a ‘farm-camp’ concept,” and participation in agriculture is regarded as an essential part of the prison’s rehabilitative regime. A work release program also allows prisoners to earn money working for a civilian employer: prisoners considered to be a low security risk are permitted to work outside the compound, performing such work as the cleaning of cemeteries, playgrounds, and government buildings. In-prison craft work projects also allow prisoners to earn money. Prisoners are allowed an hour of recreation daily. Andrew Davies Further Reading British Virgin Islands Gazette (authoritative source): http://www.bvigazette.org/.

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BVI Developmental Planning Unit: http://www. dpu.gov.vg/ Dookhan, I. (1975). A History of the British Virgin Islands 1672–1970. Epping: Caribbean Universities Press. Eastern Caribbean Supreme Court. (2009). Annual Report 2007–2008: http://www.eccourts.org/pub lications/annual_reports/AnnualReport2008. pdf. Royal Virgin Islands Police Force. (2009). Crime Statistics 2006: http://www.rvipolice.com/ statistics/Annual%20Crime%20Statistics%20 2006.pdf.

Canada Legal System: Common/Civil Murder: Medium Burglary: Low Corruption: Low Human Trafficking: Low Prison Rate: Medium Death Penalty: No Corporal Punishment: No

Background Canada is the world’s second-largest country, extending from the Atlantic Ocean in the east to the Paciﬁc Ocean in the west and northward into the Arctic Ocean. Although Canada is vast, most of the territory is too rugged to sustain viable communities. In fact, the vast majority of the 33 million Canadian population lives in a strip of land of 200 kilometers from the U.S. border. Canada is often characterized as one of the most advanced countries in the world. Although it is ranked only ninth in the world in terms of wealth, it has undoubtedly high living standards. On the Human Development Index (based on measures of literacy, life expectancy, and per capita GDP), it is ranked fourth after Iceland, Norway, and Australia.

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Canada

The Supreme Court of Canada in Ottawa, Ontario. (Howard Sandler/Dreamstime)

Canada has been occupied by aboriginal people for more than 10,000 years. The Inuit, inhabitants of the northernmost regions of Canada, are believed to have come from Russian Siberian tribes who crossed the Bering Strait during the last Ice Age, whereas Natives of the more temperate zones are of different lines of descent. Today, between 2 and 4 percent of Canadians are Natives, but it is believed that a much larger proportion of descendants from the early colonists have mixed happily with Natives. The European settlement of Canada can be traced to John Cabot from England in 1497 and Jacques Cartier from France in 1534, although there had been some visits from Vikings before that. Following wars between Britain and France that extended to the Americas, the French territories were ceded to Britain in 1763. With the Constitution Act of 1867, Canada was formed as a federal dominion of four provinces, therefore

providing its independence. As time went by, additional provinces and territories were accredited, and autonomy from United Kingdom was increased. Canada has always been a land of immigration, with ﬁrst the French and English. In the 20th century, there were important waves of immigration from European countries such as Italy, Portugal, and Germany. However, in more recent decades, immigrants have been coming to Canada from all over the world, such as from Algeria or Haiti to Quebec, from Pakistan and India to Ontario, and from various Asian countries to all over the country and particularly to British Columbia.

Government Now comprising 10 provinces and 3 northern territories, Canada is a parliamentary democracy and a

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Canada

constitutional monarchy with the queen of England as head of state and the prime minister as head of government. Although executive authority is formally and constitutionally vested in the monarch, the queen of England and her representative play a predominantly ceremonial and apolitical role and have no real powers. In line with Canada’s federalist structure, the Constitution divides governmental responsibilities between the federal government and the 10 provinces. Canada’s 3 territories have fewer constitutional responsibilities than the provinces and some structural differences. For example, the legislative assembly of Nunavut has no parties and operates on consensus. There are three levels of government in Canada: federal, provincial, and municipal. At the federal level, the government is responsible for voting laws and assuming certain duties such as immigration, defense, international aid, and so on. Provincial governments assume responsibility for such services as health care, education, transportation, and so on. City governments handle local affairs. The administration of the criminal justice system in Canada is divided between those three levels of government working in cooperation with and complementing each other.

Legal System The Constitution is the supreme law of Canada and consists of an amalgamation of codiﬁed acts, passed by the Parliament of Canada and by provincial legislature, and uncodiﬁed conventions and traditions. In 1982, the adoption of the Canadian Charter of Rights and Freedom in the Constitution Act affected the operations of the criminal justice agencies. The charter is the constitutional guarantee of collective and individual rights and provides rights such as freedom of religion and of beliefs, freedom of expression, freedom of association, and so on. It protects many rights in the domain of justice: rights to life, rights to be protected from unreasonable search and seizure, rights to legal counsel, rights against self-incrimination, rights not to be subject to cruel and unusual punishment, and so on.

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All Canadian laws formally derive their power from the Constitution, which also enumerates the subject matters on which either level of government (federal or provincial) may legitimately enact legislation. The Constitution established criminal law as the sole jurisdiction of the federal government, whereas the provinces have exclusive control over civil law (also called private law), which encompasses numerous areas of law involving disputes between parties (individuals, corporations, and government). Even if provincial governments cannot enact criminal law legislation, they do have the power to promulgate quasi-criminal or regulatory offenses in a variety of administrative and other areas, and every province has done so with myriad rules and regulations across a broad spectrum. The administration of justice and penal matters is under the jurisdiction of the provinces, so each province administers most of the criminal and penal laws through provincial and municipal police forces. The Canadian legal system has its foundation in the British common law legal system. Interestingly, the province of Quebec still retains a civil law legal system for civil law matters because its roots go back to the French colonial era. Common law systems place great weight on the precedents of court decisions, which are considered “law” with the same force of law as statutes. By contrast, in a civil law legal system, court decision precedents are given less weight, and scholarly literature is given more. The Criminal Code of Canada is the codiﬁcation of most of the criminal offenses and procedure in Canada. The criminal code was enacted in 1892 and has been revised numerous times. The current version dates back to the 1985 consolidated statuses. Other important Canadian criminal laws are the Firearms Act, the Controlled Drugs and Substances Act, the Canada Evidence Act, the Food and Drugs Act, the Youth Criminal Justice Act, and the Contraventions Act. Although the national criminal code applies everywhere, criminal justice agencies are mostly administrated at the provincial level, with the exception of the national police and the correctional services of Canada handling prisoners

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with longer sentences. The criminal justice system is based on the trilogy of law enforcement, the courts, and correctional services.

Police Services There are currently three major types of police organizations in Canada: municipal, provincial, and federal. Constitutionally, police organizations are a provincial responsibility, but most urban areas have been given the right to have their own police forces. Most cities have a municipal police service, and many city services can coexist in larger metropolitan areas. However, in recent years, there has been a trend toward merging smaller, adjoining police services. In the provinces of Quebec, Newfoundland, and Ontario, there is a provincial police service covering the territories not under the jurisdiction of a municipal police service and offering more specialized services to local law enforcement agencies. In the other provinces and territories, the Royal Canadian Mounted Police (RCMP), known as the Mounties, provide the same services as the Sûreté du Québec, the Royal Newfoundland Constabulary, and the Ontario Provincial Police. The RCMP also has a nationwide role in enforcing various federal statutes, but it is mainly concerned with drug importation, organizing police services in aboriginal communities, managing database information services, and so on. The Canadian Security Intelligence Service deals with terrorism matters and other international threats to the safety of Canadians. There are also other parallel private police services, mainly dealing with ports, railroads, and airports and having the same power as other government forces. In Canada the army and government militias play no role in law enforcement matters. According to Statistics Canada, in 2007 there were 64,000 sworn police officers in Canada, for a rate of 206 police officers per 100,000 Canadians (or 1 police officer per every 512 citizens). This police-population ratio has been pretty constant since 1972. However, in recent decades, there has been a large growth in the number of private security personnel.

Recently, one of the goals of law enforcement agencies has been to reﬂect the diversity of the community served. Therefore, there have been efforts to integrate more women and minorities into the police forces across Canada. Less than 1 percent of police officers were women in the early 1970s, but in 2007, women accounted for 18 percent of the total and 21 percent of the patrol officers. According to Statistics Canada, the total police services expenditures in 2007 were C$10 billion (approx. US$8.6 billion), or C$300 (approx. US$259) per citizen.

Crime Classification of Crimes A person may be prosecuted criminally for any offense found in the criminal code or any other statute containing criminal offenses. There are three types of offenses in criminal law: summary conviction offenses, indictable offenses, and hybrid offenses. The most minor are summary conviction offenses. These offenses are heard by a judge and are punishable by a ﬁne of no more than C$2,000 (approx. US$1,732) and/or six months in jail. The most serious are the indictable offenses. The available penalties are greater for indictable offenses than for summary offenses, and the person charged with an indictable offense has the choice of being heard by only a judge or by a judge and a jury. Most offenses deﬁned by the criminal code are hybrid offenses, which allow the prosecution to choose to prosecute the offense as a summary or an indictable offense. It is important to note that until the crown elects how to prosecute the offense, it is treated as indictable.

Crime Statistics Since 1962, information on crimes known by the police in Canada has been relayed from local jurisdictions to the Canadian Centre for Justice Statistics, an agency of Statistics Canada, and compiled as the Uniform Crime Reports (UCR). With these data, the trend of homicide in Canada shows an important increase from the late 1960s to the end of the 1970s. According to Statistics Canada, the homicide rate in 1960 and 1965 was 1.4 per 100,000. Then 1970 appears to have been a period of social

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Canada

transformation with major changes in values. Many commentators have blamed the boost in crime on the arrival of very large cohorts of teenagers and young adults born in the postwar baby-boom period. The homicide rate peaked at 3.03 per 100,000 in 1975. Since a bump at 2.69 in 1991, it has declined and stood at 1.80 per 100,000 in 2007. In the UCR system, crimes are grouped into the larger categories of violent crimes, property crimes, and other forms of crimes. In addition, infractions against the various drug laws and infractions related to traffic behaviors are computed separately. Following are selected crime rates per 100,000 people for 2006 from Statistics Canada: Arson Assaults Burglary Drug-related crimes Fraud Motor-vehicle theft Robbery Sexual aggression Theft

41 735 768 295 284 487 94 68 1,941

In 2006, there were 2,572,770 crimes declared or known to the police for a population of just 32,623,000 people. Hence, 1 of every 12 Canadians officially experienced some form of victimization during that year. However, given the fact that a large majority of crimes are either not known by the victim or known but not declared to the police, it is obvious that the real incidence of crime is much higher than what official statistics shows us. Every ﬁve years, Statistics Canada conducts a national victimization survey of about 25,000 respondents. The 2005 survey shows that 24 percent of Canadians had experienced in the last 12 months one of the 11 types of crimes portrayed in the survey, 7 percent having been the victim of a violent crime and 12 percent having been the victim of a simple theft.

Finding of Guilt Court System The court system of Canada is made up of many courts differing in levels of legal superiority and

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separated by jurisdiction. Some of the courts are federal in nature, whereas others are provincial, territorial, or municipal. The provinces have jurisdiction over the administration of justice in their territory. Almost all cases, whether criminal or civil, start in provincial courts and may eventually be appealed to higher-level courts. As with all common law countries, Canadian law adheres to the doctrine of stare decisis, meaning lower courts are bound by and must follow the decisions of higher courts. However, decisions made by a province’s highest court (provincial courts of appeal) are not binding on other provinces, although they are considered persuasive. Only the Supreme Court of Canada, created by Parliament in 1875, has the authority to bind all courts in the country with a single ruling. This intricate interweaving of federal and provincial powers is typical of the Canadian Constitution.

Investigation and Prosecution Once the police have been informed of a crime, a police officer will proceed to an investigation. When the investigation is over, a police officer will appear before a judge to declare under oath that he or she has reasonable motive to believe that the person has committed a crime only if the prosecution has agreed. The judge will examine the case before giving his approval to charge the suspect with a crime. If a person has been arrested for having presumably committed a crime, he or she has to be charged within one day or be released. During this appearance, the suspect will plead guilty or not guilty to the charges levied. Once charged by a prosecutor, the suspect will appear within three days before a provincial court in which the judge will decide whether the accused should remain in custody before trial. During the trial, the prosecutor must prove that the accused has engaged in a criminal conduct (as deﬁned by the criminal code and known as the actus reus or “external element”) accompanied by a criminal state of mind (known as the mens rea or “fault element”) on a standard of “beyond reasonable doubt.” The speciﬁc elements of each offense can be found in the wording of the offense as well as the case law interpreting it. Speciﬁed external elements are typically

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required in an act of accusation: there must be an “act” committed under some “circumstances” and sometimes having a speciﬁc “consequence” caused by the action. If there is a total absence of proof on one of the essential elements of the offense, the case will be dismissed. In Canada, a person accused of a felony has a right to trial before a judge alone or to a trial before a judge and jury, in which the judge applies the law and the jury appreciates the facts. Relatively few high-proﬁle cases are heard by a judge and jury. In almost all courts, legal aid is provided to individuals who have limited monetary resources.

Court Case Processing Data on adult criminal courts from Statistics Canada show that the most frequent crimes processed in courts are driving while intoxicated, simple assault, and simple theft (respectively, 12 percent, 9 percent, and 8 percent of all infractions). Criminal courts in Canada rely heavily on plea bargaining to speed up the process. Yet a common problem with courts in Canada is that the average time between arraignment and a decision is 192 days. Although this situation is well known, attempts and reforms to speeds things up have not been successful given that criminal cases have become more and more complicated with time. The federal government has now decided to increase the number of judges in provincial superior courts across the country to keep pace with the increasing demands on the justice system. Contrary to what has happened in civil law matters and in the treatment of juvenile offenders, alternatives to the traditional judicial process, such as mediation, diversion, or restorative justice programs, have not yet been fully implemented. Although there are many pilot projects on justice alternatives, there is still much resistance from victims of criminal acts and pressure from the media impeding development in that sector. Juveniles are treated by a separate justice system in which diversion programs are an important part.

Victim Services

the attorney general to take reasonable measures to ensure that the victim is provided with advice and representation by a lawyer. Victim impact statements are written accounts prepared by crime victims detailing the physical, ﬁnancial, emotional, or psychological impact that a crime has had on their lives. In effect, they enable crime victims to say, in their own words, how their lives have been affected by the convicted criminal’s acts. The criminal code broadly deﬁnes who a victim is for the purposes of a victim impact statement (e.g., in cases of homicide). Completed statements are presented to the court following conviction, but prior to sentencing. In Canada the federal Department of Justice began testing various models of victim impact statements in the mid-1980s. In 1995, amendments were made to the criminal code requiring the court to consider a victim impact statement where one has been submitted. The procedures related to the preparation and submissions of these statements vary by province/territory. In Canada, ﬁnancial compensation for victims of violent or personal crimes is administered by the provinces, according to their own rules and standards. This overview provides information generally applicable to all provincial programs; however, some programs may offer more services and beneﬁts than those mentioned here. Claimants are generally victims of violent or personal crimes and dependents of homicide victims. Generally, a victim must report a crime to the police within a year of its occurrence to be eligible, but exceptions can be made. Also, citizens of foreign countries are eligible to apply for compensation. Medical expenses, mental health expenses, lost wages for incapacitated or disabled victims, rehabilitation expenses for disabled victims, services to replace work in the home previously performed by the victim, funeral expenses, and loss of support for dependents of victims are generally covered by provincial compensation programs. The maximum award beneﬁts range between C$5,000 to C$25,000.

Punishment

In recent years, various services for victims of crimes have been developed, including legal representation, victim impact statements, and compensation. Legal representation of victims refers to the obligation of

Types of Punishments Once a person has been found guilty of committing a criminal offense, sentencing is the sole responsibility

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Canada

of the judge. A wide range of sanctions can be imposed: absolute discharge, conditional discharge, probation, restitution, ﬁnes, community service, conditional sentence, intermittent imprisonment, and imprisonment. In some cases, the judge can decide to designate a person convicted of a violent crime under the dangerous offender provision. Here, the offender will be kept imprisoned until he or she is considered no more at risk of violent reoffending. The death penalty was officially abolished in 1976, although there had been no executions since 1962. The fundamental principle of sentencing is that the sentence must be proportionate to the gravity of the offense and the degree of responsibility of the offender. A sentence should also be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offense or the offender. Finally, an offender should not be deprived of liberty if less restrictive sanctions may be appropriate in the circumstances. The judge considers sentence propositions by the prosecutor and the defense attorney and uses guidelines from the criminal code and jurisprudence to impose a sentence. He or she might also require a presentence report that would be written by a probation officer describing, among other things, the person’s criminal history, employment history, family situation, and substance abuse. Given the seriousness of the crime and the person’s criminal history, as well as other factors, the judge provides a sentencing decision. In Canada, a majority of people accused of a crime are later found guilty given that police and prosecutors will carry charges only when the evidence is strong. In most cases, the defendant will eventually plead guilty on lesser charges or on the basis of a sentence agreement between the prosecutor and the defense attorney that will in most cases be ratiﬁed.

Correctional Services In Canada, the administration of correctional services is shared between the federal and provincial or territorial governments. Offenders sentenced for two years or longer in prison are the responsibility of federal correctional authorities, whereas offenders receiving sentences of less than two years in prison, community sentences such

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as ﬁnes, community service work, or probation, as well as suspects in custody while waiting trial, are under provincial and territorial correctional authorities. There are three levels of security within the Correctional Service of Canada (CSC): maximum, medium, and minimum. Case management is completed by institutional parole officers (IPO) within institutions and by community parole officers in the community. The IPO completes a comprehensive assessment of the offender’s criminality and formulates an “offender security classiﬁcation report” and a “correctional plan.” However, for offenders who receive a life sentence, there is a mandatory twoyear residency at a maximum-security institution, regardless of the offender’s behavior. Most inmates are released on parole after serving a third of their sentence or are subjected to community supervision after serving two-thirds of their sentence. However, in some special cases, an inmate can be released and be subjected to community supervision after serving a sixth of his or her sentence. A parole board has complete responsibility for making liberty decisions at the point in the courtimposed sentence where an offender is allowed to live in the community on conditional release. In the case of ﬁrst-degree homicide, the duration of imprisonment is ﬁxed by law at 25 years, but special circumstances may lead to a release after 15 years. In the case of non-premeditated homicide, the judge may decide on a given period of time before the person may ask for a conditional release. Statistics from 2002–2003 illustrate the range of sentences for major crimes. For homicide, 87.7 percent of offenders were incarcerated for an average of 10.8 years, 6.5 percent received a suspended sentence, and 8 percent were granted probation. For robbery, 71.9 percent of cases resulted in incarceration for an average of 624 days, 8.1 percent of sentences were suspended, and 54.2 percent included probation. In contrast, for theft cases, 38.8 percent involved incarceration for an average of 30 days, 4.8 percent were suspended, and 50.3 included probation. For drug possession, 13.6 percent were incarcerated for an average of 10 days, 1.2 percent of cases were suspended, and 29.3 percent included probation.

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According to Statistics Canada, there are approximately 32,000 adults imprisoned on any given day (two-thirds are condemned, and the others are awaiting trial) and a total of 120,500 adults under some form of community surveillance. An analysis of the characteristics of persons admitted in prison in ﬁve provinces for 2005–2006 shows interesting results. First, women represent 10 percent of all prisoners admitted in detention, and Natives are largely overrepresented relative to their percentage in the general population. Overall, 94 percent of all those admitted to prison are drug users or have alcohol dependency, and 70 percent of the total have employment difficulties. As of 2009, the use of imprisonment in Canada had not changed much in the previous four decades. The total adult incarceration rate has ﬂuctuated between 129 and 150 prisoners per 100,000 adults since the 1970s. In Canada, aboriginals make up about 5 percent of the total population but constitute an important segment of the population in several provinces/ territories: 85 percent in Nunavut (mainly Inuit), 50 percent in the Northwest Territories, 25 percent in Yukon, and 15 percent in Manitoba and Saskatchewan (mainly Indians). In those provinces/territories, aboriginals constitute a much larger proportion of the criminal justice clientele than their weight in the population. For example, aboriginals account for more than 60 percent of all inmates in Saskatchewan and Manitoba. In the past years, the Justice Ministry and the Correctional Service of Canada have been developing national policies and initiatives aimed at addressing the overrepresentation of aboriginal offenders in the criminal justice system. However, the high rate of alcohol abuse and violence among aboriginals is likely to remain a problem given the isolation and poverty of many ﬁrst-nations communities. The number of offenders diagnosed with mental health disorders at admission has also been increasing in the last decades. In 2005, 12 percent of male and 26 percent of female offenders were identiﬁed with very serious mental health problems, and there was an increasing prevalence of learning disabilities and low-functioning capacities among offenders. Another current problem in Canadian prisons is drug consumption. About four out of ﬁve offenders

now arrive at a federal institution with a serious substance abuse problem, with one out of two having committed their crime under the inﬂuence of drugs, alcohol, or other intoxicants. In this context, drugs become very valuable inside facilities, sometimes increasing to more than ﬁve times their street value. Drugs become a source of power, criminal inﬂuence, and currency, and many incidents of violence can be attributed to drug trade activities. In Canadian prisons, state-of-the-art equipment and techniques are used to identify individuals who attempt to smuggle in drugs. The CSC also regularly searches cells, buildings, grounds, and inmates and has a program in place where randomly selected inmates are asked to provide urine samples for drug testing. A range of effective substance-abuse programs, like methadone maintenance treatment for heroin users, is also used to help inmates deal with their addictions. Inmates of correctional facilities worldwide are at greater risk of contracting HIV infection than the general population because they are more likely to engage in high-risk behaviors such as intravenous drug use, nonsterile tattooing, and unprotected sex. These risky behaviors sometimes continue while incarcerated. Studies in Canada estimate the prevalence of reported HIV cases in provincial and federal offenders to be between 2 percent and 8 percent of the inmate population, and thus nearly 10 times the reported prevalence of 0.2 percent in the general Canadian population. Although many inmates enter the correctional system already infected, others who are uninfected continue to engage in risky behaviors while in prison, placing them at risk of infection. Inmates also have an approximately 30 times higher rate of hepatitis C. The CSC offers its inmates the opportunity to discover their HIV infection status, to be counseled on the meaning of their test result, and to be educated on ways to reduce their risk of acquiring and transmitting HIV. Medical treatment for HIV-infected inmates is a cornerstone of this broad-based approach and uses universally accepted standards of care. In Canada, many changes have been made over the years in the criminal justice system. Some of the legislation passed recently promotes harsher

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Cayman Islands

punishments for offenders and could have an impact on the Canadian incarceration rate. For example, in 2008, the federal government passed the Tackling Violent Crime Act, which changes, among other things, the sentences for persons caught driving under the inﬂuence of alcohol and/or drugs. Those offenders will now face a maximum life sentence if they cause death and a maximum 10-year sentence if they cause bodily harm. They will also face a higher maximum penalty on summary conviction of 18 months compared to 6 months previously. Marc Ouimet and Marie-Eve Boudreau Further Reading Carrigan, Owen. (1991). Crime and Punishment in Canada: A History. Toronto: McClelland and Stuwart. Ekstedt, John W., and Curt T. Griffiths. (1984). Corrections in Canada: Policy and Practice. Toronto: Butterworth. Griffiths, Curt T., Brian Whitelaw, and Richard B. Parent. (1999). Canadian Police Work. Scarborough, Ontario: ITP Nelson. Hagan, John. (1991). The Disreputable Pleasures: Crime and Deviance in Canada. Toronto: McGraw-Hill. Ouimet, Marc. (2005). La criminalité au Québec durant le vingtième siècle. Québec: Les presses de l’Université Laval.

Cayman Islands Legal System: Common Murder: Medium Prison Rate: High Death Penalty: No Corporal Punishment: No

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and Little Cayman. These are the Cayman Islands, an overseas territory of Britain. The name “Cayman” is derived from the Carib word for marine crocodile. The three islands have a total land area of about 100 square miles.

Population The history of the Cayman Islands began 500 years ago when Christopher Columbus and his men came upon two very small and low islands in 1503. What ﬁrst drew visitors—French, Spanish, Dutch, and English—to the Cayman Islands was the abundance of green turtles that provided invaluable food for military forces and ordinary mariners, as well as early settlers on other Caribbean islands. It was only about 300 years ago, between 1670 and 1730, that people began permanent settlement in the Cayman Islands. Legend has it that early settlements were formed by runaway white soldiers and servants from Jamaica, shipwrecked sailors, and buccaneers seeking a quieter life ashore. Population growth was very gradual until the mid-20th century, but thereafter, there were notable changes in Cayman’s population. In 1900, early census ﬁgures counted 5,000 residents. In 1943, the population was 6,690—a mere increase of approximately 2,000 persons over a 43-year period. However, between 1960 and 1980, the population of the Cayman Islands doubled from 8,511 to 17,757, and it more than doubled again by 1999, to 39,600 residents. This astonishing growth was due more to immigration than to natural increase in the local Caymanian population. Fifty-nine percent of Cayman’s residents in 1999 were foreign-born and hailed from 100 different countries, with the largest number emigrating from Jamaica. The latest census ﬁgures show a resident population of 53,886 in 2007.

Economic Growth

Background Situated in the Western Caribbean about 150 miles south of Cuba and 180 miles north of Jamaica is the island trio of Grand Cayman, Cayman Brac,

The rapid increase in population during the second half of the 20th century and into the 21st century was mirrored by and directly linked to the remarkable economic growth that took place in the Cayman Islands during this same period. The tourism sector was one of two economic wands that almost

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magically transformed the islands in the last third of the 20th century from the traditional, homogeneous, undeveloped “islands [that] time forgot” into a booming economy with a GDP of CI$951.9 million by 2006 (approx. US$1.13 billion). The second magic wand was Cayman’s ﬁnancial industry, which quickly surpassed tourism in economic value to become the country’s main revenue earner. Although Cayman provided an attractive environment for offshore banking—one that was stable, secure, well regulated, and discreet—few, if any, Caymanians had any previous experience in high ﬁnance. Much of the impetus and expertise had to come from outside.

Political and Legal History In 1655, an English expedition landed in Jamaica and captured that island from the Spanish, who had been in possession of it since 1494. It has been said that through the Treaty of Madrid in 1670, the Cayman Islands were ceded to the British along with Jamaica. In 1962, Westminster Parliament enacted the Jamaica Independence Act, but the act excluded Cayman Islands from the deﬁnition of Jamaica. Consequently, after August 6, 1962, sovereignty by Great Britain over Jamaica ceased but was retained over the Cayman Islands. Moreover, the West Indies Act, which came into force in April 1962, vested in Her Majesty in Council full power to provide for the government of the Cayman Islands. This power was exercised to create a new Constitution Order for the Cayman Islands that came into operation to coincide with the independence of Jamaica. Under the 1962 Constitution Order, powers formerly exercised by the governor of Jamaica as governor of the Cayman Islands were conferred upon an administrator appointed by the Crown. There were further replacement Constitution Orders after 1962, but it is the 1972 Order that currently governs the Cayman Islands’ Constitution. Under this Constitution, legislative powers are vested in the Legislative Assembly, which includes members of an executive council. The executive powers are vested in a governor and an executive council. However, given the subordinate status of these islands as a British colony, the executive arm of

government is subject to the control of the Crown. The governor of the Cayman Islands is appointed by the Crown. He is obliged to act in accordance with royal instructions, and he holds office at Her Majesty’s pleasure. The Crown also retains ultimate control over the other arms of government. For example, Her Majesty has a power of disallowance of any laws enacted by the local legislature, and the Privy Council of the United Kingdom is the ﬁnal domestic court of appeal for the Cayman Islands.

The Role and Organization of the Police The Royal Cayman Islands Police Service (RCIPS), which is for the most part an unarmed police force, undertakes the traditional policing role of keeping the peace and preventing and detecting crime. There is no standing army in the Cayman Islands; hence, national security falls within the purview of the RCIPS and the British government. Despite the fact that the Cayman Islands have a duly elected government, a cabinet, and a leader of government business, it is quite clear that the governor is a formidable ﬁgure in the Cayman Islands. The governor has powers to initiate investigations, as he sees ﬁt, into alleged misconduct on the part of any public ﬁgure or into any department that falls under his purview, and these include the police force and the judiciary. Recent evidence of this is the action taken by the governor of the Cayman Islands on March 27, 2008, when he announced that the police commissioner, the deputy commissioner, and a senior detective chief superintendent were being put on required leave to allow an investigating team from the Metropolitan Police Service to proceed with their inquiries into allegations against them. The police service in Cayman is made up of approximately 350 police and auxiliary officers, and it is supported by 67 civilian members of staff and a team of special constables. Roughly 40 percent of the RCIPS’s overall staff is non-Caymanian, primarily men and women from other Caribbean islands and from Britain. The commissioner of police is recruited from the United Kingdom. There has been only one short-lived exception to this practice: a Caymanian held the post between September 2003 and September 2005.

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Cayman Islands

The RCIPS has decentralized its operations across the three islands. There is one police station in Cayman Brac and one in Little Cayman, and there are ﬁve stations in Grand Cayman—one in each of the ﬁve districts into which this largest island is divided. Each police station is headed by a chief inspector. In addition to the response officers who are based at each police station and the neighborhood policing officers who address existing concerns in their respective communities, there are a number of special units. These include the Criminal Investigation Department, the Financial Crimes Unit, the Trafﬁc Unit, the Drugs Task Force, the Marine Support Unit, the Family Support Unit, the Uniform Support Group (providers of ﬁrearm support), and the K9 Unit. The RCIPS is also supported by training and forensic officers. The police, through its Marine Support Unit, have responsibility for the interdiction of vessels involved in drug smuggling and for search and rescue at sea. In recent years, in addition to responding to ﬁshing vessels in distress, there has been the challenge of boats loaded with Cubans attempting to make illegal entry into the Cayman Islands at various spots along much of Grand Cayman’s unprotected coastline. In these situations, the Marine Unit of RCIPS escorts them into safe harbor and hands them over to the Immigration Department, which takes responsibility for their fate. A joint Marine Support Unit is currently being formed in conjunction with the Department of Customs and the Department of Immigration and will have responsibility for security and safety at sea.

Crime Classification of Crime There are three basic distinctions in terms of the classiﬁcation of offenses in the Cayman Islands. Category A offenses are indictable and are tried only in the Grand Court (e.g., murder, rape, robbery, arson). Category B includes both indictable and nonindictable offenses and can be adjudicated in either the Grand Court or a summary court before a magistrate (e.g., burglary, indecent assault, gang activity, theft). Category C offenses, less serious crimes, are tried only in the magistrates’ summary courts, where

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as a rule the maximum sentence handed down is two years (e.g., unlawful use of ﬁrearms, insulting the modesty of a woman). There are, however, exceptions to this rule, an example of which is a magistrate exercising his or her jurisdiction under the Misuse of Drugs Law (2000 Revision). The judicial officer is allowed to impose penalties of 20 years and a ﬁne of unlimited amount and 30 years with a ﬁne of unlimited amount for a range of supply-type offenses involving two ounces or more of hard drugs.

Age of Criminal Responsibility The Youth Justice Law (2005 Revision) provides for a separate court for young persons to be tried for offenses. A child under 10 years old cannot be held criminally responsible. A child under the age of 14 can be held criminally responsible only if it can be proven that he or she had the capacity to know that the act was wrong at the time it was committed. Additionally, a male child under the age of 12 is presumed incapable of having carnal knowledge.

Illicit Drugs The importation, trafficking, and use of illegal drugs, particularly marijuana, cocaine in its various forms, and “designer drugs,” are cause for concern. As detailed in the Misuse of Drugs Law (2000 Revision), there are several offenses under which an individual may be charged. However, typical drug charges include importation or possession with intent to supply, possession or consumption of a controlled drug, cultivating ganja, and possession of a drug utensil. With the introduction of the Drug Court in Cayman in 2007, provision has been made for persons charged with certain types of drug or drug-related offenses to receive rehabilitative treatment instead of facing criminal proceedings and court sanctions. An offender is eligible for consideration by the Drug Court if the person is not under the age of 17, appears dependent on the use of drugs, and is charged with a relevant offense, including drug offenses of simple possession and consumption and offenses of theft, handling of stolen goods, robbery, or burglary that appear to be motivated by drug dependency. However, drug possession with intent to

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supply where the offender was not also a consumer of the drug and offenses involving violent conduct or sexual assault are not relevant offenses, and their perpetrators are not eligible for consideration in the Drug Court of the Cayman Islands. The Caribbean has been for some time now a haven for drug traffickers, and the Cayman Islands is no exception. The island character permits entry into and use of Caribbean territories from the surrounding sea at literally hundreds of different points. The geographical location allows for proximity to drug-producing nations, namely Colombia, Honduras, and Jamaica. The Cayman Islands is essentially in a drug-trafficking vortex situated between a major drug producer (i.e., South America) and a major drug consumer (i.e., North America). Closely linked to the challenge of drug trafficking is the importation of illegal ﬁrearms. Illegal and unlicensed guns, which are at times used in committing crimes locally, are often included in shipments of drugs coming to the Cayman Islands from Nicaragua, Honduras, Jamaica, and so on.

Taking of Marine Life The Cayman Islands probably have the most robust marine conservation laws in the entire Caribbean. Obviously developed to speciﬁcally curb destructive practices, there are laws to prevent the taking of certain sea creatures outside of the approved ﬁshing season (e.g., lobster, turtles, conch, etc.) and to prevent damage to underwater ﬂora and fauna. For example, anyone who takes or receives lobsters from Cayman waters between the months of March and November is guilty of an offense. Taking more than three lobsters in any one day during the open season is also an offense. Similar restrictions apply to conch, Nassau groupers, whelks, and other species in need of protection. There are also areas designated as marine parks that are closed to members of the public. No ﬁshing is allowed in these areas, and entry is restricted to those who are licensed by the Marine Conservation Board. The regulations under the Marine Conservation Law are strictly enforced and carry a heavy penalty. Persons found guilty of any offense

under this law are liable on summary conviction to a ﬁne of CI$500,000 (approx. US$592,500) and to imprisonment for 12 months. In addition, the court may conﬁscate any vessel or equipment that was used or was intended to be used in the commission of the offense.

Financial Crimes The Cayman Islands has emerged to be the world’s ﬁfth-largest ﬁnancial center. With almost 300 banks registered and around 1 trillion U.S. dollars on deposit and booked through the Cayman Islands, banking is undoubtedly big business. Grand Cayman is now home to 426 bank and trust companies. It is the number one jurisdiction for hedge funds in terms of both funds formed there and net assets held by these funds. As of June 2008, there were 10,037 funds registered with the Cayman Islands Monetary Authority (CIMA), including many of the world’s largest multibillion-dollar hedge funds. Cayman is the leading domicile for health care insurance companies, and with 740 companies registered, it is the second-largest offshore center for captive insurance in the world. In addition, the management of private and commercial trusts is important business, with 135 trust companies registered in Cayman. The Cayman Islands’ government has spared no effort over the years in ensuring that there are strict laws and regulations in effect to maintain the integrity of the ﬁnancial services sector. In 1984, the Cayman Islands signed the Narcotics Agreement with the United States and Great Britain and, two years later, a Mutual Legal Assistance Treaty. Through these instruments, the governments agreed to share information about known drug traffickers and money launderers and to provide assistance to apprehend offenders. Cayman undertook to give information about the ﬂow of money from suspect sources, under strict conditions that would not breach the general rule of conﬁdentiality. For example, the Cayman Islands has always subjected its hedge fund investments to one of the toughest anti–money laundering regimes, in terms of due diligence required on those forming and investing in these funds, as well as in the reporting

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Cayman Islands

requirements for any suspicious activities. The Cayman Islands’ banks are also bound by strict money laundering laws that, together with “know-yourcustomer” (KYC) regulations, are recognized as meeting or even exceeding those of all major onshore jurisdictions. It is noteworthy that in 1995 the Cayman Islands became the ﬁrst member of a Caribbean Financial Action Task Force to voluntarily put its ﬁnancial services and practices under the scrutiny of a panel of legal, ﬁnancial, and law enforcement experts. The panel indicated that the Cayman Islands’ progressive attitude countering money laundering demonstrated that such policies were compatible with a developing offshore ﬁnancial center. In September 1996, through the Proceeds of Criminal Conduct Law, the Cayman Islands also became the ﬁrst British-dependent territory to adopt a more stringent attitude and policy against international ﬁnancial criminals.

Crime Statistics Property crime and other crimes of acquisition, including the very lucrative offense of drug trafficking, are the most common crimes committed in Cayman as a whole. There is very little crime on the sister islands of Cayman Brac and Little Cayman compared to Grand Cayman. Within Grand Cayman, there is a higher incidence of crime in George Town, the capital, because of a greater concentration of residences, hotels, and people (residents and visitors) in town and the surrounding areas. According to the Overseas Territories Recording Crime Intelligence Services, in 2007, the RCIPS recorded 3 murders, 13 rapes, 3 armed robberies, 561 burglaries, 478 thefts, 10 cases of possession of cocaine/ crack with intent to supply, and 28 cases of possession of ganja with intent to supply.

Finding of Guilt The legal system in the Cayman Islands is accusatorial, which facilitates a keen contest between the prosecution and defense in the presentation of legal arguments to the court. Unlike the inquisitorial system, the presiding judicial officer remains aloof of any investigative or evidence-gathering processes.

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Instead, the primary role of the judge or magistrate is adjudication—to direct the jury (where applicable) on matters of law and make a judicial determination based on the facts and law.

Rights of the Accused Accused persons are innocent until proven guilty. For culpability to be proven, the evidence presented in the case against the accused must establish guilt beyond a reasonable doubt. The accused has a right to elect trial by judge and jury or by judge alone for indictable offenses. Accused persons have a right to a fair and speedy trial and may plead guilty to lesser offenses where those offenses are established on the facts. The prosecution determines whether pleas to lesser offenses are acceptable. The Legal Aid Law (1999 Revision) provides for assistance to persons who are charged with scheduled offenses and offenses that can be tried in the Grand Court but who do not have the means to instruct an attorney to advise or represent them. Under these circumstances, the court shall grant a certiﬁcate entitling such persons to free or subsidized legal services throughout the proceedings of their case and in any appeal. Scheduled offenses include but are not limited to arson, assault causing grievous bodily harm, burglary, carnal knowledge offenses, rape, manslaughter, and murder. Persons charged with offenses punishable with imprisonment for 14 years or more are also eligible for legal aid.

Investigation and Prosecution of Cases The police conduct investigations into most crimes. Other departments that conduct their own investigations into speciﬁc matters include the departments of Immigration, Customs, Pensions, Planning, Labor, and Health Insurance, the Office of the Auditor-General, and the Office of the Complaints Commissioner. The police prosecute traffic offenses. All other offenses are prosecuted by the attorney general’s office.

Alternatives to Trial Negotiated settlement and dispute resolution are not alternatives to going to trial in the Cayman

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Islands, and although there is no formal system of plea bargaining, pleas can be offered by defense counsel who may also seek a “goodyear direction” from the court. This U.K. case precedent permits a trial judge to give an early indication of possible sentence if a plea was to be offered to a particular offense. The majority of criminal cases in the Cayman Islands go to trial. Incarceration before and while awaiting trial is allowed. If an individual is charged with an offense and has not been granted bail, he or she will be remanded to prison. The length of pretrial detention varies but is typically six to nine months.

elsewhere in the Commonwealth. The ﬁnal appellate court for the Cayman Islands is the Privy Council in London. There is no shortage of judicial officers in Cayman, the majority of whom are from Jamaica but now reside in Cayman. To date, there are no Caymanian-born magistrates or judges. Grand Court judges must be qualiﬁed to practice as a barrister or solicitor in England or the Commonwealth and have practiced for not less than 10 years. Magistrates must be qualiﬁed to practice as a barrister or solicitor in England or the Commonwealth and have practiced for not less than 5 years.

Juvenile System The Court System The courts administer justice in keeping with the Constitution, the laws of the islands, and the common law that has been developed through precedent set by the decisions of local, British, and other Commonwealth courts and reﬂected in the written judgments of cases. Although the common law applies, it can be modiﬁed by locally enacted laws. Some laws are made by the United Kingdom for the Cayman Islands through an order-in-council. In some cases, this imposes on the overseas territory a legal position that might otherwise not be initiated by the local Legislative Assembly, given prevailing sentiments in the islands on a particular issue. For example, by way of the Caribbean Territories (Criminal Law) Order 2000, homosexual acts in private for consenting persons over age 18 in all U.K. overseas territories were legalized. The judicial system of the Cayman Islands consists of four levels of jurisdiction. The three summary courts, which have both criminal and civil jurisdiction, are presided over by a chief magistrate and two other magistrates. Appeals are to the Grand Court, which also has an original jurisdiction equivalent to that of the English High Court of Justice in all its divisions. Presiding over the Grand Court is a chief justice and three puisne (associate) judges. Appeals from the Grand Court go to the Court of Appeal, which is composed of distinguished jurists from the wider Caribbean and

The Juveniles Law provides a system for dealing with young persons in need of care and protection and who are considered to be incorrigible. The Youth Justice Law (2005 Revision) provides for a separate court for persons under the age of 17. It should be noted that no young person can be dealt with by the court without the intervention of a social worker who will provide a social inquiry report on the background, school record, and home circumstances of the young person. A number of options are available to the Juvenile/ Youth Court in responding to children who are either juvenile delinquents or “victims” of some negative circumstances and must be placed in a safe environment. With respect to juvenile and young offenders, judicial officers have the following sentencing options: probation, admonish and discharge, conditional discharge, ﬁnes, parental ﬁnes, community service, ﬁt person order, juvenile and youth rehabilitation orders, and as a last resort, Eagle House, which is tantamount to a youth prison.

Punishment Types of Punishment Fines, prison, probation, compensation, suspended sentences, and community service orders are the forms of punishment typically used in the Cayman Islands. The Alternative Sentencing Law of 2006,

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Cayman Islands

which is soon to be implemented as of this writing, will provide for other types of sentences such as curfew orders, exclusion orders, suspended sentences with supervision, electronic monitoring, and victim restitution. The typical punishment for murder is imprisonment for life, which means the offender’s natural life. However, this rigid policy on the sentence of “life” is currently being revisited with a view to introducing a tariff system. The typical punishment for rape is 12 to 14 years’ imprisonment, with a maximum penalty of life imprisonment. The typical sentence for serious theft and burglary is 3 to 8 years, and for robbery it is 5 to 10 years, depending on compounding factors such as possession of an illegal ﬁrearm with intent to commit an indictable offense, causing grievous bodily harm, and other such offenses. Therefore, although the maximum sentence for these crimes is 14 years’ imprisonment, sentences vary depending on the seriousness of the offense, the use of a weapon, the use of a ﬁrearm, the extent of violence involved, and the loss to the victim. The most serious drug offense in the Cayman Islands is the trafficking of hard drugs (e.g., importation/possession of cocaine with intent to supply), and its perpetrators are usually sent to prison for 8 to 12 years, depending on the quantity. The maximum sentence is 20 years’ imprisonment. The death penalty was abolished in the Cayman Islands by way of a 1991 U.K. order-in-council that nulliﬁed any law in force in Cayman with respect to the death penalty. It stipulated that no person convicted for the crime of murder shall be sentenced to death but shall be sentenced to imprisonment for life instead. In 2000, the legislature of the Cayman Islands amended its penal code to reﬂect the abolition of the death penalty.

Prison There are three institutions of penal incarceration: Her Majesty’s Prison (HMP) Northward for adult males, Fairbanks for females (adult and uncontrollable teenagers), and Eagle House for young males. According to the Office of the Commissioner of Corrections and Rehabilitation, the daily average

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population in these facilities is 203 adult males, 12 male youth, and 15 females. The Cayman Islands has a very high rate of imprisonment of 429 inmates per 100,000 population. The biggest prison is the one designated for adult males, HMP Northward. It is located on the main island of Grand Cayman, as are the other two facilities. There are a number of challenges associated with the management of Northward prison. First, the public has direct access to the perimeter fence, and this introduces a considerable security risk. There is no outer cordon. In fact, a public road passes right behind the fence at the back. One can therefore drive directly up to the fence in the front or back of the facility and toss an item or package over the fence, although it is a high fence. This has been a means by which contraband has entered the facility. Second, Northward prison is 50 percent overcrowded. The facility’s stated capacity is 135, and the daily average is over 200 adult male inmates. Third, the population at the prison is mixed. Pretrial detainees, long-term convicts, short-term inmates, the mentally ill, and those remanded for sentencing are not necessarily housed separately. There is, however, a maximum-security wing and caged area called the Basic Unit for those who display violent conduct and pose a security a risk as well as for those who are certiﬁed mentally ill and are a risk to themselves and others. Fourth, there are parts of the physical compound of Northward prison that are in bad condition and cannot be used. Buildings condemned by civil engineers had to be recently demolished. However, as revealed during an interview with the Commissioner of Corrections and Rehabilitation, approval has been granted for the construction of a new prison at Northward. This will see the closure of both Eagle House and Fairbanks as separate prisons and the relocation of their populations to separate and secure facilities within the new Northward prison compound. Although work is compulsory by law for inmates, there are not enough work programs ongoing to involve all inmates, so a number of them are actually idle during the day. In addition to prison domestic duties, some inmates are involved in a fairly

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substantial farm program, and others work in the woodwork shop, in physical plant maintenance, or in small construction projects at one of the three facilities. It should be noted, however, that although work is compulsory for inmates, their participation in sentence planning is not. Therefore, if an inmate does not wish to undergo training and/or rehabilitation, there is no obligation. Inmates are entitled to weekly visits from family and friends. Privileges include recreation, phone calls, and out-of-cell activities such as gym time, football, and basketball.

Prisoner Exchange or Transfer Although there is no evidence of prisoners being exchanged between Cayman and other countries, prisoners can be transferred. Provided that the particular country has agreed to accept their citizens who are incarcerated in foreign jurisdictions, Cayman authorities would repatriate those inmates. For example, in 2008, a Canadian citizen who was serving a life sentence for killing his girlfriend was transferred to a Canadian prison to serve the remainder of this sentence. Jamaicans constitute the largest proportion of foreign-born inmates at HMP Northward. In the past, the Cayman Islands Prison Service transferred a number of Jamaican prisoners to ﬁnish their sentences in their homeland, but the Jamaican authorities stopped the practice. There was also a case of ﬁve prisoners being sent to serve their sentences in Britain because they posed a security risk in the local prison. These inmates were believed by authorities to be the main instigators of the 1999 prison riot at HMP Northward during which time prison officers were injured and the inmates took charge of the facility. Their removal was therefore seen as expedient. Yolande C. Forde

Further Reading Barker, Deborah. (2007). Criminal Litigation in the Cayman Islands. 2nd ed. Cayman Islands: C.I.L.S. Academic Press.

Craton, Michael. (2004). Founded upon the Seas—A History of the Cayman Islands and Their People. Kingston, Jamaica: Ian Randle Publishers. Davies, Elizabeth. (1989). The Legal System of the Cayman Islands. Oxford: Law Reports International. Forde, Yolande. (2006, June). “Pre-Disposing Factors to Criminality in the Cayman Islands.” Report submitted to the Government of the Cayman Islands. http://www.education.gov.ky/ pls/portal/docs/PAGE/MEHHOME/ EDUCATION/CURRICULUM/SEN REPORT/FULLREPORT/SENCONSULTA TIONREPORTFINAL.PDF. Government of Cayman Islands. Economic and Statistics Office: http://www.eso.ky. Judicial Administration and Portfolio of Legal Affairs Information: http://www.caymanjudicial legalinfo.ky. *The author is grateful to the attorney general, the solicitor general, the acting commissioner of police, the commissioner of corrections and rehabilitation, and the chief magistrate of the Cayman Islands, as well as the law librarian and her assistant, Rev. Mary Graham, and Doralyn Stewart.

Chile Legal System: Civil Murder: Low Burglary: High Corruption: Low Human Trafficking: Medium Prison Rate: High Death Penalty: No Corporal Punishment: No

Background The Republic of Chile is a democratic country with a population of 16.8 million inhabitants. Its territory of 302,778 square miles occupies a long coastal

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Chile

strip, with the Andes mountains on the eastern border and the Paciﬁc Ocean to the west. The terrain and the climate divide the country into three regions: arid desert in the north, subtropical and fertile valleys in the central portion, and volcanoes and lakes bathed in yearlong cool and damp weather in south. Nearly 90 percent of the population lives in urban areas, with more than one-third of Chileans concentrated in the metropolitan region of Santiago, which is the capital city of the republic. Whites and those of mixed white/Amerindian heritage constitute the ethnic majority (95 percent), whereas the Mapuches remain the largest aboriginal group. Although the Roman Catholic Church still dominates the religious landscape, evangelical Protestants have rapidly expanded their inﬂuence in Chile and now make up 15 percent of the population. This previously impoverished South American country has built a successful market economy and now actively participates in global trade. Exports account for 40 percent of the gross domestic product: as of 2009, Chile had signed 57 bilateral or regional trade agreements with other countries or regions, more than any other economy in the world. The sustained economic growth in the two decades prior to 2009 has raised the median income to US$15,000. Yet about 18 percent of Chileans still live below the poverty line, and income inequality is signiﬁcant. Ninety-ﬁve percent of adults are literate, and life expectancy hovers around 77 years of age. Before the arrival of the Spanish in the 16th century, northern Chile was part of the Inca Empire, and central and southern Chile was controlled by the Mapuche Indians. Chile became formally independent of Spain in 1810, but the Spanish forces were not decisively defeated until 1818. Chile fought against Peru and Bolivia in the War of the Paciﬁc (1879–1883), from whom it annexed its present northern territories. Immediately after the war, the victorious Chilean Army launched the bloody paciﬁcation of the Araucanian region to completely and permanently subjugate the Mapuche Indians. After a series of elected governments, the threeyear-old Marxist government of Salvador Allende

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was overthrown in 1973 by a military coup led by Augusto Pinochet, who left more than 2,900 Chileans dead and missing during his 17-year military dictatorship. In contrast to its ironhanded political rule, the Pinochet administration pursued decidedly laissez-faire economic policies, which laid down a solid foundation for Chile to move away from economic statism and toward a vibrant market economy attractive to domestic and foreign investment. Freely elected president Patricio Aylwin was installed in 1990. Sound economic policies coupled with the consolidation of democratic governance and political stability have since transformed Chile into the most prosperous, free, and well-governed country in South America. The Constitution promulgated in 1980 instituted a government with executive, legislative, and judicial branches. The executive power is headed by the president, who is elected by popular vote for a single four-year term and serves as both the chief of state and the head of government. Legislative duties rest with the bicameral National Congress, which consists of the 38-seat Senate and the 120-seat Chamber of Deputies; both senators and deputies are elected by popular vote, with the former serving eight-year terms and the latter serving four-year terms. The judiciary is led by the Supreme Court of Justice and does not accept the jurisdiction of the International Criminal Court.

Legal System The Chilean legal system is created and empowered by the Constitution. Neither the president of the republic nor the Congress may, under any circumstance, exercise judicial functions such as taking over pending cases; revising the grounds for, or contents of, the decisions; or reopening closed cases. The Supreme Court exercises the highest judicial authority and is composed of 21 justices appointed by the president of the republic from a short list of ﬁve candidates nominated by the court itself. These appointments are subject to Senate review and approval. Sixteen of the 21 Supreme Court justices must come from the judiciary, and ﬁve must be practicing attorneys from the nonjudicial sector.

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The chief justice is chosen by his or her peers for a two-year period. Proceedings may involve full bench sessions or special chambers. One of the most basic duties of the Supreme Court is to act as an annulment court to promote consistent interpretation of the law. Unlike countries with Anglo-Saxon legal systems, court rulings in Chile, including those of the Supreme Court, are binding only over the cases to which they apply. However, the jurisprudence of annulment hearings sets important precedents for the application of the law in similar cases, contributing to a more uniform and just application of the law. Through a specialized agency called the Judicial Branch Administrative Corporation, the court supervises administrative, disciplinary, and ﬁnancial issues of all courts except the Constitutional Tribunal, the Electoral Review Board, and the regional electoral boards. A separate seven-member Constitutional Tribunal possesses broad powers to judge the constitutionality of laws passed by the Congress as well as treaties submitted by the executive power for legislative review and approval. It can also declare unconstitutional any decrees issued by the president of the republic and rule on the constitutionality of a plebiscite. The tribunal resolves disputes among government ministers, legislators, and the executive and can rule on complaints presented by the president or members of either of the legislative chambers, provided that at least one-fourth of the members agree to register a formal grievance. It is made up of three Supreme Court justices plus two attorneys named by the National Security Council, one by the president of the republic, and one by the Senate. A ﬁve-member Electoral Tribunal, formed by four Supreme Court justices and a former speaker or deputy speaker of the Senate or the Chamber of Deputies, decides on disputes emerging from national referenda and presidential, congressional, and municipal elections. In 2006, 236 cases were ﬁled before the tribunal. Of these ﬁled cases, 46 percent (108 cases) were ruled admissible. Broadly speaking, Chilean courts can be grouped into six categories. First, there are 17 appellate courts, not including the Supreme Court, that review trials and decisions made by lower courts and

act as courts of ﬁrst instance for habeas corpus and other civil rights protected by the Constitution. The remaining ﬁve categories include 522 ﬁrst-instance courts of all or mixed jurisdictions. Trial courts have jurisdiction over civil, criminal, and family matters, which are in turn followed by juvenile courts that deal with alimony, guardianship, and adoption of minors as well as the processing and rehabilitation of juvenile offenders. Labor courts are present only in larger urban areas, whereas military courts process and decide on cases involving members of the armed and/or police forces as plaintiffs or defendants in time of peace or war. Last, there exist local courts regulating traffic and motor vehicle violations, consumer affairs, and small claim disputes. As of 2006, permanent judicial staff numbered more than 7,900 individuals, including 1,023 judges. The Public Ministry or Public Prosecutor’s Office is an independent body tasked with the responsibilities of leading the investigation of criminal incidents, initiating formal prosecutions against criminal suspects, and protecting crime victims and witnesses during the trial process. With national jurisdiction, this office sets the prosecutorial agenda across the country and supervises the regional administration of resources and operations. The national public prosecutor is the highest-ranking prosecutor and responsible for all prosecutorial activities across the country, whereas the national executive director oversees the logistic coordination. The Public Prosecutor’s Office (PPO) is divided into 16 regional offices—one for each of the 12 regions and 4 in the metropolitan region. Each regional office is headed by a regional public prosecutor who is in turn aided by the assistant prosecutors. Each regional office is organized around six functional units, including Management Evaluation, Oversight and Development, Human Resources, Administration and Finance, Technology, Victim and Witness Assistance, and Local Public Prosecutors. A regional executive director coordinates these units under the leadership of the regional public prosecutor. Local public prosecutor’s offices led by chief prosecutors are staffed with assistant prosecutors and are accountable to the regional public prosecutor. In 2006, the Chilean national prosecutorial apparatus processed

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Chile

784,151 ﬁled cases with a staff of 3,620 full-time employees, including 16 regional public prosecutors and 647 assistant prosecutors. Legal counsel is a constitutionally guaranteed right of every Chilean citizen. Prior to the criminal procedure reform of 2005, all law students were mandated to provide free defense services to indigent defendants through a compulsory six-month legal aid internship supervised by the Ministry of Justice. The quality of this public defense service was predictably extremely low. The 2005 reform established the Public Defender’s Office and prohibited legal representation of criminal defendants by law students. Trained attorneys permanently employed or temporarily contracted by the Public Defender’s Office now assist indigent defendants in criminal cases; some provide mediation services for out-of-court settlements in civil cases in a few urban centers. The Public Defender’s Office is structured around a national office located in Santiago, 14 regional offices, and 120 local offices, and it employs nearly 600 attorneys. The Ministry of Justice (MOJ) is headed by a minister appointed by the president of the republic; it bridges the executive and judicial branches and administers support services to facilitate the administration of justice. MOJ officials devise criminal justice policies and public safety programs, ensure access to free legal aid, manage correctional facilities, plan and implement rehabilitation activities for prison inmates, maintain national databases for identiﬁcation of persons, and monitor services for minors requiring guardianship or with custodial, behavioral, or legal problems. To achieve these objectives, the ministry is divided into functional units, including the Medical Examiner’s Office, the Prison Guard Administration, the National Children’s Service, the Public Defender’s Office, the Civil Registry and Identiﬁcation Service, the Office of the Superintendent of Bankruptcy, and the Judicial Assistance Corporation.

Police Two national corps of police exist in Chile for the maintenance of law and order: the uniformed

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Carabineros and the plainclothed Police of Investigations. The Carabineros are the armed police created to deter crime through visible patrol and community outreach and to perform general law enforcement duties. All Carabineros have received combat training and are designed to become part of the armed forces to play an active paramilitary role during wartime or a state of emergency. It is widely recognized as one of the best trained and most scrupulous police forces in Latin America. In contrast, the Police of Investigations are geared toward technical and scientiﬁc support in the investigation of crimes and prosecution of criminals. Members of the Police of Investigations begin their service after one year of professional training and work closely with prosecutors and judges in the gathering, analysis, and presentation of evidence. Special units have also been established to combat drug trafficking and organized crime, to control the movement of people across national borders and entry points, to monitor the legal stay of foreigners in the country, and to represent Chile before INTERPOL. As of 2006, there are more than 34,200 sworn ofﬁcers in both the Carabineros and the Police of Investigations.

Juvenile Justice A new juvenile justice system composed of 45 juvenile courts was approved by Congress in 2004 and began its operations in 2007. The new Juvenile Criminal Responsibility Law sets the age of criminal responsibility at 14 and embraces rehabilitation and reintegration of juvenile delinquents as the core mission of the system. This mandate is supported by a network of intervention programs and correctional facilities that include professionals and specially trained staff to offer treatment, education, and human services to youths supervised by the judiciary. Many noncustodial sentences are available to the sentencing judge to be applied to minors and include assisted release, community service, restitution, ﬁnes, and warnings. All sentences are enforced and monitored by an investigative judge. In 2007, the entire juvenile justice system disposed 1,182

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juvenile cases, of which 132 cases involved robbery and 124 cases involved theft.

Crime Classification of Crime The criminal code of Chile was enacted in 1874 and signiﬁcantly revised in 1928. It was modeled after the continental codes of Austria, Belgium, France, and Spain. The code is broken down into two sections. The ﬁrst section spells out general principles of legal jurisdiction relating to the deﬁnition of crime, criminal intent and complicity, chronic offenders, punishments, and mitigating and aggravating circumstances. The second section discusses speciﬁc crimes and their corresponding penalties.

In this respect, the courts are charged with ensuring that the penalty is proportional not only to the crime but also to the offender’s ability to understand and exercise his or her responsibility. Criminal offenses are classiﬁed into three fundamental groups: felonies (crímenes), misdemeanors (delitos), and violations (faltas). Crime is deﬁned as a willful act of commission or omission for which the law imposes punishment. Criminal responsibility is speciﬁcally excluded in cases in which defendants are insane or less than 14 years of age. Minors 14 to 18 years of age are not criminally responsible unless it can be proven that they acted with full understanding of the illegality of their acts. Criminal responsibility is also waived for violent acts committed in the defense of one’s own person, property,

Unidentified members of the Chilean Army guard seven tons of cocaine found onboard the ship Nativa from Panama, in Arica, Chile, January 17, 2000. This is the largest drug seizure in Chile and the second largest in the world, with a value of some $430 million. (AP Photo/La Estrella) © 2011 ABC-Clio. All Rights Reserved.

Chile

or rights or in defense of those of one’s spouse or those of a third party. Also excluded are violent acts committed accidentally in the exercise of a legal act, violent acts committed in the exercise of public duty, violent acts committed under duress or fear, and the killing or wounding of the accomplice of an adulterous spouse. Criminal responsibility is also waived in the case of crimes of omission owing to a legal or irresistible cause.

Crime Statistics Crime rates are low in rural and suburban areas and are moderate in Santiago, Valparaiso, and other major cities. Violence and crime have, in fact, fallen in Chile in recent years or, at the very worst, remained constant. In 2008, the overall crime rate was 2,714.4 offenses reported to the police per 100,000 inhabitants. Grand larceny accounted for 38.2 percent of all reported crimes and attained a rate of 1,035 offenses per 100,000 inhabitants. It was followed by theft (596.6 offenses per 100,000 inhabitants), assault (588.7 offenses per 100,000 inhabitants), and robbery (331.1 offenses per 100,000 inhabitants). The homicide rate of 1.6 offenses per 100,000 inhabitants placed Chile among the Latin American countries with the lowest incidence of deadly violence. Chile has successfully implemented annual crime victimization surveys with national coverage; this data program provides crime statistics that include offenses not reported to the police or not recorded by the police. Overall, households reporting crime victimizations decreased from 43.0 percent in 2003 to 35.3 percent in 2008. In 2008, the most common forms of crime were theft and grand larceny, which affected 9.4 percent and 7.8 percent of Chilean households, respectively. The rates of robbery (6.5%) and burglary (6.2%) ranked third and fourth, respectively. Violent offenses such as assault (2.5%) represented a small fraction of the total volume of crime victimizations. Although car theft (1.8%) was relatively rare, theft of car parts (18.2%) was widespread. Among all victimized households, nearly one-third (32.4%) suffered repeated or chronic victimizations.

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Data surely indicate that Chileans have a growing fear of crime. Indeed, they worry about it more than almost everyone else in the region—a surprising ﬁnding in a society that prides itself on being a haven of safety in a dangerous continent. Evidence from citizen surveys reveals that although in 2003, 20.1 percent of Chileans said they felt very unsafe walking in their neighborhood at night, the ﬁgure had climbed to 25.0 percent in 2008. Although survey respondents tended to attribute crime and delinquency in the country primarily to the failure of parental involvement and monitoring (24.3%), most blamed the lack of Carabinero patrol presence as the main determinant of insecurity in their own neighborhood (33.9%percent).

Drug Abuse and Trafficking Chile has historically remained relatively unaffected either by drug trafficking or by extensive drug abuse, despite its proximity to the major Andean producers of cocaine and heroin. However, epidemiological data suggest that although this general depiction is still true, some important changes have taken place in recent times: Chile is becoming the fourth-largest consumer of cocaine and the largest consumer of marijuana among South American countries. According to statistics compiled by the United Nations, the prevalence of opiate use, including heroin, went up moderately from 0.3 percent to 0.4 percent of the adult population between 1995 and 2006, whereas the prevalence of cocaine use grew from 1.3 percent in 1998 to 1.7 percent in 2006. The largest increase was observed among cannabis users, from 4.7 percent of the adult population in 1998 to 7.5 percent in 2006. New synthetic drugs have also made inroads to the Chilean scene in recent years: 0.4 percent of the adult population were identiﬁed as amphetamine users and 0.1 percent as Ecstasy users in 2006. Chile’s extended and deserted borders with Peru, Bolivia, and Argentina and busy seaports and airports make it an appealing transit country for shipments of cocaine from the Andean region to Europe, with small consignments going to the United States

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as well. The country is also an exporter of precursor chemicals for use in cocaine processing in Peru and Bolivia. Chile is a signatory of the 1961 UN Single Convention on Narcotic Drugs, the 1971 UN Convention on Psychotropic Substances, and the 1988 UN Drug Convention. Therefore, it is legally obliged to criminalize and ﬁght against the production, trafficking, and use of illicit drugs and to collaborate with other countries in this endeavor. Sixty-three new cases of drug trafficking were initiated in Chilean courts in 2007, and 172 offenders were convicted and sentenced for drug trafficking. In 2008, Chile revised its penal code to bring punishments for trafficking cannabis into line with punishments for trafficking cocaine and heroin. Before this change, offenders convicted of cannabis trafficking did not receive the same harsh sanctions under the law as those convicted of trafficking cocaine or heroin. The change is a response to the increase in both domestic use of cannabis and massive importation of cannabis from Paraguay. Pressure from an ever-growing number of drug offenders also forced criminal justice authorities to adopt therapeutic concepts and practices previously unknown to the Chilean jurisprudence and justice system. As of 2008, there were 18 drug courts in Chile modeled after U.S. drug treatment courts providing detoxiﬁcation and recovery services to drugabusing offenders under judicial supervision. These problem-solving innovations are being monitored and evaluated by the Public Prosecutor’s Office.

Human Trafficking Chile exports, transfers, and imports men, women, and children trafficked for the purposes of commercial sex and labor exploitation. Domestically, most victims are Chilean women and girls from rural areas who accept deceitful job offers and afterward are sold into forced prostitution and involuntary domestic servitude in urban centers. Some are traded to Argentina, Peru, Bolivia, and Western Europe. Women from neighboring countries such as Argentina, Bolivia, Peru, Colombia, and Paraguay, in addition to Asian countries such as China, are lured to Chile with false employment promises

and subsequently induced into sexual or labor exploitation. More recently, Chile’s mining and agricultural developments have attracted foreign male and/or underage victims from Bolivia, Peru, Colombia, Ecuador, and China. Many Chinese victims are originally consensually smuggled through Chile en route to Mexico, Brazil, and the United States, but some become lured or forced into illicit and degrading businesses with fraudulent promises of hefty pay and generous beneﬁts. Chilean authorities have sustained continuous law-enforcement pressures on traffickers of women and minors but have largely ignored the trading of male adults in recent years. This differential control is determined by the fact that whereas Chilean criminal law prohibits cross-border trafficking of persons for sexual exploitation and punishes violators with 3 to 20 years of imprisonment, human trafficking for labor servitude, as well as internal trafficking of persons for prostitution, remains legal in the country. As of this writing, legislative efforts are still underway to promulgate a comprehensive anti-trafficking code that effectively clamps down all forms of trafficking of persons. The government maintains 14 rescue and assistance centers for minor victims of sex trafficking and provides them with specialized services. These nonresidential centers are enabled to service nearly 700 children and adolescents simultaneously, and they work closely with civic groups that operate shelters to satisfy the temporary housing needs of many minor victims. For adult victims, a witness protection program is available to help victims of sex trafficking, sexual assaults, and domestic violence. Adult victims with housing and other needs are often referred to not-for-proﬁt shelters, where they receive health care, counseling, and support. To enhance the chance of success in the investigation and prosecution against cross-border sex traffickers, Chilean authorities encourage foreign victims to stay in Chile’s territory during trials and allow them to apply for permanent residency after the proceedings are completed. However, the application for the status of permanent resident can be denied for various reasons, and some foreign victims still face mandatory deportation to their country

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of origin after the end of their legal proceedings. Services and privileges are available to minor victims of sex trafficking and/or adult victims of crossborder sex trafficking exclusively; persons traded for forced servitude and adult victims of domestic sex trafficking are not legally deﬁned as victims of human trafficking.

Finding of Guilt The pre-2005 criminal process was based on the procedural code of 1857 derived from Spanish law and was plagued with serious problems of efficiency and fairness. Under the old inquisitorial system, victims had to be detained a long time before seeing a magistrate and receiving legal aid from the government, and while defendants often had to undergo lengthy jail detention in isolation from their families, they remained unaware of the status of the proceedings against them. Backlogs and delays seriously eroded the quality of justice delivered to the citizenry. Reforms began to be implemented in a few small jurisdictions in 2000 and included measures such as the abolition of pretrial detention in minor criminal cases, the replacement of detention with noncustodial controls prior to the ﬁnal disposition of cases in many major criminal cases, the adoption of oral proceedings, the provision of competent and professional legal counsel to indigent defendants, and the creation of victim and witness protection programs, among others. Chile completed its transition from an inquisitorial to an adversarial judicial system in 2005. For criminal offenses committed prior to the implementation of the 2005 judicial reforms, court proceedings remain inquisitorial rather than adversarial. The statute of limitations to press charges is 10 years. At 2008’s end, judicial authorities had already closed four of the six inquisitorial criminal courts in the Santiago Metropolitan Region, and all pre-reform cases faced extensive waits for trial. Although the change is still being consolidated, poll results indicate that the public is embracing the new system, which appears to have sped up the resolution of cases. Only law enforcement officials are authorized by law to arrest or detain citizens suspected of having

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committed a crime, and they must immediately notify a prosecutor of an arrest. The prosecutor must initiate informal investigation and make sure that the detained suspect is present at the detention control hearing. Detention control hearings occur twice a day and are aimed at a judicial determination of the legality of the detention within 24 hours of arrest. Detainees must be informed of their rights, including the right to legal counsel and the right to remain silent during interrogation. Public defenders are provided if detainees cannot afford private counsel. Family members of the detainees must be notiﬁed of the arrest and detention of their relative. Violations of any basic right of the detainee can lead the judge to declare the detention illegal and to order the immediate release of the detainee at the hearing. The judges can set bail, grant conditional release, or remand the detainee as necessary to the criminal investigation or for the protection of public safety. The new criminal procedure code transfers the responsibility for investigating crimes from the judge of instructions to the prosecutor in direct collaboration with the police. The judge now plays the role of an impartial rule enforcer to determine the truth of the case in the contest between the prosecution and the defense. Prosecutorial preparations for trial are monitored by an investigative judge, who has the duty of settling any dispute related to the rights of the accused. During this phase of fact-ﬁnding, the prosecutor is required to obtain judicial permission for every investigative activity that is needed for the preparation of the case and that could infringe on the rights of the defendant. The indictment serves as a control over inquiry and scrutiny initiated by the prosecutors, whose scope of exploration is restricted by the charges clearly and precisely stated in the indictment. Once the prosecutor completes the investigation at the end of this fact-ﬁnding phase, he or she may recommend that the judge dismiss the case or formally charge the defendant in court. If the defendant is formally charged, he or she is given time and legal counsel, if needed, to prepare the defense. A preliminary hearing is usually held before the judge prior to the initiation of the trial.

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During this hearing, the judge convenes both parties to consider the admissibility of evidence, the appropriateness of applying alternative sanctions should the defendant become convicted, and the possibility of adopting abridged procedures if the case is minor in nature. If traditional penalties remain the option, and abridged procedures do not apply, the case is adjourned for full adjudication, and a written and open document is issued specifying the charges to be considered at trial, the parties involved in the contest, the tribunal and magistrates with jurisdiction over the case, and the evidence that has been declared admissible in court. The trial is held in a collegiate court presided over by three professional judges. All admissible evidence should be presented at this point. The court has some limited powers to accept new evidence and examine witnesses once both sides have cross-examined them. After the analysis of the evidence, the court listens to closing arguments, offers the defendant an opportunity to make a ﬁnal statement, and then retires to deliberate and reach a decision. Once the verdict is delivered, a period is set for submitting the grounds for the decision and sentencing. Only cassation appeals may be brought to challenge a deﬁnitive ruling. Court records, rulings, and ﬁndings are generally accessible to the public.

Punishment The Chilean system of criminal punishments was standardized in 1930 and has since been administered by the Ministry of Justice. As per existing statutes, the correctional system emphasizes the rehabilitation of offenders over other penal goals. Criminal sentences for convicted offenders can be broadly classiﬁed into custodial sanctions and community-based alternatives. “Custodial sanctions” refers to the incarceration of detainees awaiting trial or disposition and convicted offenders sentenced to imprisonment. As of September 2009, 50,133 adult Chileans were detained or serving sentence in closed correctional institutions. Community-based alternatives include probation supervision (libertad vigilada del adulto),

parole (remisión condicional de la pena), and nighttime reclusion (reclusion nocturna). As of September 2009, 45,907 convicted offenders were serving sentence under some kind of community-based alternatives; of these offenders, 67.6 percent were under parole supervision, 21.8 percent were under probation supervision, and the remaining 10.6 percent were under nighttime reclusion.

The Prison System Chile constructed its ﬁrst penitentiary, which was also the second-oldest prison in South America, in Santiago in 1847. (This facility is still in use and known as the Center for Preventive Detention of Southern Santiago.) Both the architectural design and managerial philosophy of this ﬁrst prison followed the individual cellar approach of the Pennsylvanian model. Other correctional presidios were built in the following years to solve the problem of a growing convict population. However, these earliest correctional facilities were operated by provincial authorities independently of the federal government and of each other, which resulted in huge disparities in living conditions and administrative styles across institutions. The penal code of 1930 placed all correctional institutions under the uniﬁed administration of the Ministry of Justice and ordered the construction of the model Maipo prison in Santiago, with a capacity for 1,000 inmates and equipped with a segregated unit for tubercular inmates, as well as the building of another 40 smaller facilities across the country. The penal reform of 1930 was progressive in nature and instituted prison-based educational and vocational training in a wide range of disciplines and skills. Work inside prison walls is mostly geared toward the instruction of technical expertise in electrical equipment and carpentry and is often remunerated. The gendarmerie, subordinated to the leadership of the Ministry of Justice, is responsible for the operation and security of Chilean prisons. As of 2009, there were more than 150 correctional facilities holding 50,133 inmates; 78.0 percent (39,094) of these inmates were convicted offenders serving

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their sentences. Both the correctional facilities and the inmates are classiﬁed and matched. Prisons are categorized according to the length of sentences of their inmates: certain facilities specialize in the custody of inmates with an incarcerative sentence of 60 days or less, some receive inmates sentenced to 60 days to 5 years of imprisonment, and others house inmates with sentences ranging from more than 5 years to life. Inmates are assessed according to their needs and risks, including external appearance (i.e., language skill, presence of tattoos, and other body marks), human capital (i.e., educational achievement, employment history, vocational aspiration, etc.), community ties, and criminal history. Each inmate receives a score on his or her risk of recidivism or criminal commitment (compromiso delictual): about half of the prison population are diagnosed as high risk, and nearly one-fourth are deemed of mediumhigh risk. Most Chilean inmates experience their incarceration through a four-stage progression. Newly admitted inmates spend their ﬁrst month in solitary conﬁnement with maximum restrictions. Afterward, they move to the yearlong second stage characterized by a greater amount of social contacts and increased responsibility: inmates leave solitary conﬁnement, are allowed to communicate with friends and family members, and engage in prison work. Once in the third stage, inmates receive much more generous pay for their work and enjoy greater autonomy: they only have to return to their cells at night. Conditional release represents the ﬁnal stage. Each of these four stages can be extended or reversed according to the performance of the inmate. Security in Chilean prisons shows a contradictory picture. On the one hand, the gendarmerie appeared to have signiﬁcantly control over prison breaks. In 1995, 1 out of every 100 prison inmates escaped from their captivity; by 2008, the ratio had decreased to less than 0.01 escapes for every 100 inmates. But on the other hand, prison violence and deaths are as rampant as they were at the end of the 20th century Overcrowding has been blamed as the fundamental cause of the malaise in Chilean prisons. The reliance on incarceration as the main penal option for the punishment of serious

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criminals has inﬂated Chile’s incarceration rate to 305 inmates per 100,000 inhabitants. The explosion of the Chilean prison population was most dramatic between 2003 and 2009, when it increased by 31.0 percent, from 38,266 to 50,133. There is no sign of abatement to the growth. The current population of 50,000 inmates represents an excess of 51.5 percent over the system’s originally designed capacity of 33,000 beds. This major crisis has resulted in violence perpetrated by both inmates and gendarmerie guards, substandard sanitary conditions, and overstretched subsystems of medical, social, and human services. In 2003, the Chilean government began gradually introducing private capital and resources to assist with the construction and/or management of some facilities as well as with the rehabilitation of offenders. The goals are to save taxpayers money, to improve prison conditions, and to reduce recidivism. Although official expectations are high, public pessimism lingers.

Death Penalty The death penalty was ﬁrst abolished in 1930. But between 1930 and 2001, execution by ﬁring squad was reinstated for murder of a family member, kidnapping of children or violence against them, and kidnapping of adults that caused the death or murder of police agents. In May 2001, President Ricardo Lagos signed the permanent abolition of capital punishment into law. The penal code has commuted the death penalty to life imprisonment, which now means imprisonment for 40 years. Hung-En Sung Further Reading Blanco, Rafael, Richard Hutt, and Hugo Rojas. (2006). “Reform to the Criminal Justice System in Chile: Evaluation and Challenges.” Loyola University Chicago International Law Review 2(2): 253–268. Hilbink, Lisa. (2007). Judges beyond Politics in Democracy and Dictatorship: Lessons from Chile. New York: Cambridge University Press.

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Marangunic, Antonio, and Todd Foglesong. (2004). Charting Justice Reform in Chile: A Comparison of the Old and New Systems of Criminal Procedure. New York: Vera Institute of Justice.

Colombia Legal System: Civil Murder: High Burglary: High Corruption: Medium Human Trafficking: Low Prison Rate: Medium Death Penalty: No Corporal Punishment: No

Background Colombia has a population of around 43 million inhabitants, 75 percent of whom live in urban areas. It is a multiparty democracy that has been facing a 43-year internal armed conﬂict between the government and illegal armed forces, consisting mainly of two leftist guerrilla groups, the FARC (Revolutionary Armed Forces of Colombia) and the ELN (National Liberation Army), and paramilitary groups. The guerrillas have moved into the drug business, which along with their illegal revenue from kidnappings is the main source of their ﬁnancing. During the ﬁrst term of recently reelected President Alvaro Uribe, a peace process was promoted by which an illegal right-wing armed group, the AUC (United Self-Defense Forces of Colombia), was demobilized. A 2005 congressional law known as the “Justice and Peace Law” offered former AUC members reduced sentences for confessing their crimes and compensating their victims. Interestingly enough, those confessions have revealed links between the paramilitaries and well-known politicians, many of whom are now behind bars. Although in May 2008, the Colombian government extradited to the United States 13 of the main paramilitary leaders who were participating in that peace process, as a result of their drug trafficking activities, these extradited detainees have continued

testifying and confessing from their American jails to Colombian prosecutors and judges via satellite communication. Some of their testimony has continued to link Colombian politicians to paramilitary activities. The Colombian unemployment rate is around 10 percent, the illiteracy rate is 9.6 percent, and based on the basic needs index, 27.6 percent of Colombians live in poverty. Although the poverty rate has declined in recent years, the drama of internally displaced people continues because of the domestic armed conﬂict. Based on official data, the Colombian government has registered more than 1.8 million displaced people since 1995, though “the Office of the UN High Commissioner for Refugees (UNHCR) estimated that more than 2.5 million persons in the country had been displaced at some point during the past 15 years.” In spite of all these difficulties experienced by the “suffering Colombia,” there is another Colombia with nice brick buildings, green avenues, high-class restaurants, a cosmopolitan environment, sophisticated academicians, gifted entrepreneurs, a middle class, and wonderful natural resources.

Legal System The Colombian legal system is rooted in its Spanish colonial past and based on the preponderance of written law following the tradition of the civil law. Colombia declared its independence from Spain in 1810 and gained total autonomy in 1819 after the patriotic troops led by General Simon Bolivar defeated the last Spaniards. Until 1837, the criminal law primarily consisted of the India Laws enacted by the Castilian Crown in Spain for its American settlements during the colonial era. On June 27, 1837, the ﬁrst penal code was enacted. It was partly based on the French Penal Code of 1810 and the Spanish Penal Code of 1822. During a series of civil wars, six constitutions were promulgated between the 1830s and 1860s. In 1873, a federal criminal code was promulgated and was effective until 1890, when a new penal code was enacted following the adoption of the centralist Constitution of 1886. Although the 1873 code was lenient, the 1890 code was signiﬁcantly more

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punitive, as was the 1837 code that inspired it. For example, the 1863 Constitution and the 1873 code prohibited capital punishment, but the 1886 Constitution restored it. In 1936, a new penal code was introduced, clearly inﬂuenced by the Italian criminological positivism then in vogue. The main tenets of this school of legal thinking were that crime was determined by social and biological factors, that society had the right to defend itself from criminal harm with minimum consideration for the rights of the offender, and that criminals were ill and dangerous people in need of treatment. Almost half a century later, Colombian legal experts, now persuaded by the German dogma, were of the opinion that this code had become old-fashioned and pushed for a new code that was eventually promulgated in 1980. However, the turmoil caused by a parasitic violence born of partisan civil wars in the ﬁrst half of the 20th century, and later perpetuated by leftist guerrilla groups, right-wing paramilitary gangs, and drug trafficking cartels into the new millennium, gave rise to several laws that addressed political or collective violence, usually issued by the president under state-of-siege powers. For more than 100 years, Colombia lived under the umbrella of the 1886 Constitution and its several amendments, until 1990. In that year, an impetuous student movement prompted by the 1985 seizure of the Main Justice Palace and the killing of 11 of the Supreme Court justices by the nowdemobilized M–19 guerrilla group, as well as the 1990 assassination of Colombian leader Luis Carlos Galan, then a presidential candidate, pushed for a new constitution as a means for solving the perpetual malady of violence and hopelessness. The new Constitution, enacted in 1991 and portrayed as a tool for preventing violence, prohibited the Congress from vesting the president with the power to issue codes or statutes, because during most of the 20th century, it was the president who issued the majority of criminal laws, either with the authority of the Congress or by using the extraordinary powers granted him when he declared the state of siege. Among the new institutions that were created by the novel 1991 Constitution, three have had a major impact on the application of criminal law:

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the Constitutional Court, the Ombudsman, and the Attorney General. The Constitutional Court, the Supreme Court, and the Council of State marked a signiﬁcant shift toward a less formalistic manner of legal interpretation that is highly sensitive to human rights and international humanitarian law issues. Under the new regimen, the Constitutional Court can exercise judicial review and declare laws unconstitutional, and any citizen whose fundamental constitutional rights have been violated can ﬁle with any lower court without the need to be represented by a lawyer. Three other superior judicial bodies exist at the same level as the Constitutional Court: the Supreme Court, the Council of State, and the Superior Council of the Judicature, which has two chambers: the Disciplinary Chamber and the Administrative Chamber. All justices of these high-level courts are elected for an eight-year term. Currently, there are a total of 76 justices on these supreme judicial bodies. Meanwhile, the new Attorney General’s Office, which is part of the judiciary, presided over a mixed criminal system, in which cases were prosecuted mainly by written means, and in which prosecutors, during the investigation phase of the process, were allowed to obtain evidence without the involvement of a judge and to decide, usually without the involvement of a judge, on the defendant’s pretrial detention. The trial judge was empowered to decide on the basis of the evidence in the prosecutor’s records without allowing defendants any real opportunity to confront witnesses. However, in 2002, a constitutional amendment authorized the adoption of an accusatory system, which was adopted by Congress in 2004. This law provided for the implementation of the new system in a staggered process, and as of January 2008, all new criminal cases were being handled under accusatory principles.

Crime Following the teachings of German criminal law doctrine, for conduct in Colombia to be regarded as criminal, (a) it must be clearly speciﬁed in a law, (b) it must be wrongful or unlawful, that is, without legal justiﬁcation (i.e., self-defense), and (c) the person must be culpable (i.e., legally guilty). Culpability

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comes into play when a person is blamed for having been conscious of the illicitness of his or her behavior and for, though being able act otherwise, nevertheless committing the wrongful act.

Classification of Criminal Offenses In Colombian law, the actual phrase used to refer to criminal offenses generally is “punishable conduct.” Crimes (delitos) and misdemeanors (contravenciones) are subcategories of punishable conduct. Misdemeanors are mainly governed by the Police Code of 1970, and most of the common crimes are contained in the penal code of 2000. There is no hard and fast rule for distinguishing between crimes and misdemeanors; such distinction is within the discretion of Congress to make, meaning that when Congress considers that a speciﬁc offense is not very serious, it may punish it as a misdemeanor.

urban zoning, breach of the public peace and order, violation of the rules governing the operation of vehicles and businesses, and so on. Penalties provided for such conduct are usually public or private admonition, required commitment to observe good conduct, business lockouts, and ﬁnes. Indeed, this is an example of the so-called repressive nature of the police.

CRIMES Colombia makes no distinction between serious and less serious crimes. All conduct proscribed by the penal code as crimes are indictable. The most common crimes are homicide, robbery, kidnapping, drug trafficking, bribery, domestic violence, rape, failure to pay child support, forgery, conspiracy, arson, perjury, and rebellion.

Age of Criminal Responsibility and Juvenile Justice MISDEMEANORS In 2007, the Colombian Congress tried to enact a Small Claims Act (SCA) to deﬁne and punish offenses involving property losses not exceeding 10 times the country’s monthly minimum wage. Some of the proposed offenses included larceny, larceny by trick, fraud, embezzlement, false pretenses, illegal issuance and transfer of checks, interruption of possession, and damage to property. However, unlike the regular procedure for crimes, in the failed Small Claims Act, there was no participation of a prosecutor in the adjudication process for misdemeanors. Furthermore, criminal offenses included in the Small Claims Act of 2007 were treated as crimes punishable by prison terms, and because the adjudication process did not include the prosecutor, the Constitutional Court found that this criminal adjudication system violated the Constitution. Therefore, the majority of what the unsuccessful Small Claims Acts considered to be misdemeanors were transformed back into the category of crimes. The National Police Code of 1970 deﬁnes several misdemeanors that are less serious than those contained in the unsuccessful SCA of 2007. These include conduct that adversely affects public spaces or

The penal code (Law 599 of 2000) is applicable to adults, meaning people over the age of 18. For people between 14 and 18 years of age, whom the law regards as “adolescents,” the applicable law is the Infancy and Adolescence Code (Law 1098 of 2006). There is no criminal responsibility for minors under the age of 14, no matter how serious the offense they might have committed. If a person younger than 14 commits a crime, he or she is subject only to administrative measures aimed at guaranteeing the minor’s rights. These offenders must be provided with educational opportunities and protection. The Colombian Institute for Family Welfare (ICBF, for its Spanish name) is in charge of providing such assistance. Moreover, the legal treatment of minors between 14 and 18 years of age can never be the same as adults. Juveniles cannot be prosecuted as adults, no matter the type of crime. Plea bargaining agreements between the prosecutor and the minor are not allowed in the juvenile criminal system, although the prosecutor may decide not to prosecute adolescents who have been members of illegal armed groups if the minor was under certain social, economic, psychological, and cultural conditions that forced him or her to join such a group. Special judges preside over the trials of juvenile delinquents. There is also

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a specialized team of prosecutors and counselors in charge of their cases. In terms of punishments for juveniles, incarceration is allowed in only two types of cases: First, if the defendant is between 14 and 18 years of age, and the crime is voluntary homicide, kidnapping, or extortion, the juvenile found guilty may be incarcerated for between two and eight years. Second, for other crimes (for example, rape), the juvenile can be incarcerated only if he or she is 16 years old, and the crime would result in a minimum sentence of six years of imprisonment if committed by an adult, in which case the punishment could be incarceration from one to ﬁve years. Moreover, in these two types of cases, pretrial detention is exceptional and available only in situations where there is a risk of evasion by the juvenile, or a risk that he or she may destroy evidence or harm the victim, the person who has reported the crime, a witness, or the community.

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unlawful because no harm or danger was caused to others. In any case, although consumption of a personal dose is legal, its sale is illegal. The decriminalization of personal consumption of drugs was a result of a ruling by the Constitutional Court in 1994. A divided court ruled 5–4 in favor of not using the criminal law as a way to punish such private activity. Since then, there have been many attempts to introduce a constitutional amendment to recriminalize the personal use of drugs, but none of these attempts has been successful.

Crime Statistics Colombia is known for suffering an extremely serious problem of violence. Yet the rate of violent crimes has been declining steadily and signiﬁcantly in recent years, as can be seen in the number of violent crimes recorded by the Colombian National Police in 2002 and 2007:

Drug Offenses The main punishment for criminal offenses related to the drug trade is a prison term generally ranging from 4 to 30 years, depending on the seriousness of the crime, the quantity of drugs involved, and the personal conditions of the defendant. The drugs prohibited include marijuana, cocaine, morphine, heroin, and any drug that produces dependency. Colombian law does not deﬁne drugs in terms of origin or speciﬁc chemical structure, although police experts use standard protocols to determine when a conﬁscated substance is a prohibited drug. The use of a minimum personal dose of an otherwise prohibited drug is not punishable in Colombia as long as it is not consumed in public or in the presence of minors. The dose for personal use is deﬁned by the law. The personal dose for marijuana is no more than 20 grams, for hashish 5 grams, for methaqualone 2 grams, and for cocaine and any other substance made from cocaine (e.g., crack) 1 gram. However, according to a decision recently rendered by the Supreme Court, even if the amount of illegal drugs found on someone is more than one personal dose as deﬁned by law, if the evidence indicates that the person was carrying the drugs for his or her personal consumption, then such conduct is not

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Murder Kidnapping Extortion Terrorism

2002 28,837 2,986 2,512 1,645

2007 17,198 521 1,082 383

In contrast, the number of street robberies, burglaries, and commercial thefts experienced a noticeable growth in recent years, whereas car theft, motorcycle theft, bank robbery, and highway banditry dropped considerably, as is apparent from the following statistics of crimes reported to the Colombian National Police:

Street robbery Burglary Commercial thefts Auto theft Motorcycles theft Livestock theft Bank robbery Highway banditry

2002 33,431 16,093 11,984 17,303 12,974 1,822 257 1,436

2007 50,847 17,601 14,904 8,478 9,708 1,704 70 565

Sex crimes have been on the rise at a very alarming rate, and children and young teenagers appear to be especially vulnerable to sexual violence.

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Although part of the increase in sex crimes could be accounted for by better reporting resulting from an improved police-citizen relationship, change in reporting and recording practices cannot completely explain, for example, the period 2002 through 2007, during which there was an increase of 90 percent in rape of minors 14 years or younger, of 357 percent in other sexual abuses against minors, of 50 percent in rape of victims aged older than 14, of 128 percent in other sexual abuses against victims older than 14, and of 468 percent in sexual abuses against disabled people. In rural areas, the most common crimes are those associated with coca and poppy crops. In 2007, more than 218,000 coca hectares and almost 368 poppy hectares located in rural areas were sprayed or manually eradicated. Still, coca cultivation is estimated at around 76,000 hectares, based on data provided by the United Nations Office on Drugs and Crime. The internal conﬂict with guerrillas exists mainly in rural areas, although guerrilla militias sometimes hide in urban areas. Other type of crimes such as street robbery, auto theft, and bank robbery are common in urban areas.

Finding of Guilt Constitutional Principles Articles 28 and 29 of the Colombian Constitution set out the general principles to be followed in all criminal cases. They prescribe that nobody can “be interfered with in his/her person or family, sent to jail or arrested, or have his/her home searched except pursuant to a written order from a competent legal authority, subject to due process and for reasons previously established by law.” They provide that from the time a person is arrested, he or she is entitled to “be placed at the disposition of a competent judge within the following 36 hours,” so that the judge may evaluate the legality of the arrest. In addition, there are no prison terms for debts, and all crimes, including murder, have a statute of limitations. Due process of law is applicable to all judicial and administrative cases, and no one may be subject to a judicial process unless it is conducted in accordance with existing written law before a competent court that follows

preestablished formalities. The presumption of innocence is also established in the Constitution, as is the right to legal counsel during the pretrial investigation and the trial. Moreover, no one in Colombia may be subject to double jeopardy for the same behavior. Furthermore, based on article 93 of the Constitution, the Colombian Constitutional Court and all of the other courts in Colombia recognize that international human rights treaties or agreements ratiﬁed by the Colombian Congress have the same status as the Constitution itself. As explained previously, a new modern oral accusatory system is being implemented throughout the entire country. The inﬂuence of U.S. law on the new Colombian accusatory system is notable.

Rights of the Defendant Every criminal defendant has a constitutional right to a trial. Though the constitutional amendment of 2002 established the possibility of trials by jury, the criminal procedure code of 2004 does not regulate them because the existence of outlaw elements in the society still presents risks to jurors, and the country needs to consolidate the monopoly of legitimate state force before a jury system can be implemented with security. This means that currently only bench trials are permitted, and jury trials remain a mere expectation. Though defendants cannot be compelled to testify against themselves, they have the right to testify. If they choose to do so and lie, remain silent, do not answer some or all of the questions asked, or fail to tell the complete truth, they cannot be prosecuted for perjury, according to a Constitutional Court ruling.

The Right to Counsel The 1991 Constitution created the office of the Ombudsman for the ﬁrst time in Colombia as an independent and autonomous office not part of the executive, legislative, or judicial branches. In 1992, Congress enacted Law 24 to create the Ombudsman Office and its Public Defender Directorate. Since then, the number of public defenders has increased

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substantially. The staff of the Public Defender Directorate has also increased considerably since the adoption of the accusatory system. For example, in 2007, more than 1,795 public defenders were part of the permanent Public Defender Directorate’s staff and served the majority of defendants in criminal cases. Indeed, at least 74 percent of arrested defendants in criminal cases under the new accusatory system have been assisted by public defenders, and when all cases (with or without the arrest of the defendant) are considered, this percentage increases to 85 percent. A defendant is entitled to counsel upon his or her arrest or after being summoned to the ﬁrst hearing. The defense attorney must be afforded reasonable time and means to prepare the defense. He or she has to personally assist the defendant. Moreover, he or she has the right to examine evidence against the defendant, obtain court subpoenas to call witnesses, and conduct direct examination of defense witnesses and cross-examination of prosecution witnesses.

Victims are also entitled to present, reject, or require evidence or its discovery. However, they are not entitled to conduct direct examinations, crossexaminations, or impeachments or to interpose objections during the trial. Nevertheless, if the judge renders a guilty verdict, the victim has up to 30 days to seek compensation, and the sentencing can be imposed only after such period. In addition, victims have the right to be heard in plea bargaining negotiations between the defendant and the prosecutor and also when the latter, with the court’s permission, is not going to prosecute. Regarding the demobilization of paramilitaries and members of other illegal armed groups in exchange for reduced sentences, a process that the Colombian government of President Uribe has encouraged based on Law 975 of 2005, the Constitutional Court has ruled that victims of paramilitary atrocities are entitled to seek compensation from defendants’ assets, including not only illicit assets subject to forfeiture but also legal ones.

Victims’ Rights

Criminal Investigation

Since a landmark Constitutional Court ruling in April 2002, which was inﬂuenced by the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, a national crusade for victims’ rights in the criminal justice system has become more vigorous. Although other Constitutional Court rulings addressed victims’ rights before 2002, this ruling substantially increased victims’ opportunities to participate in criminal pretrial and trial procedures. The court stated that victims’ rights are not merely those of an economic nature and that victims are entitled to the right to know the truth, the right to justice in the particular case, and the right to reparations. Moreover, since this court decision, the new 2004 criminal procedure code and other rulings of the Constitutional Court have given victims more speciﬁc rights to participate in the criminal process. Victims are entitled to be informed of the status of the cases from the very moment that they come into contact with the authorities (police, prosecutors, or judges).

In criminal cases, the judicial police are responsible for the investigation under the direction of the prosecutor appointed by the Attorney General’s Office. “Judicial police” is a legal concept meaning the authorities who collaborate with the judicial officers in the criminal investigation and the arrest of criminal suspects. Once a crime has occurred, the judicial police perform the initial investigative acts that must be urgently carried out (also known as “urgent acts”), such as visits to the crime scene, visual inspections of the crime scene, corpse inspections, interviews, the collection of evidence, and taping of the crime scene. It should be noted that the Colombian judicial police do not consist of a single organism. Rather, several offices discharge duties as judicial police; among the most common are the members of the national police and the National Administrative Department of Security specially designated to perform such duties and the technical investigation body of the Attorney General’s Office. In theory, they have to discharge their duties in accordance with the policies established by the Attorney

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General’s Office and under the direction of the designated prosecutor. Once the prosecutor receives the judicial police report, he or she designs a methodological program of investigative goals and tasks that the judicial police team has to perform. However, the police need a judge’s authorization to conduct search and seizure operations on private property. To conduct wiretapping and electronic surveillance, the judicial police need a prior written order issued by the competent prosecutor. Once the operation is conducted, a hearing must be held before a guarantee judge within the subsequent 24 hours to examine the legality of the judicial police procedure. A guarantee judge is a public official in charge of some pretrial hearings designed mainly to evaluate the legality of decisions made during the criminal investigation such as arrests, searches and seizures, bail hearings, and so on. However, if a suspect is caught in the act (in ﬂagrante delicto), the police may arrest him without an arrest warrant. In this case, the police have to contact the prosecutor, who has up to 36 hours from the time of the arrest to bring the suspect before a guarantee judge for a ruling on the legality of the arrest. For other types of arrest, a prior arrest warrant signed by a guarantee judge is needed, although in very exceptional circumstances, the prosecutor may sign that warrant if it is clear that a judge is not available and if there is a serious risk that the defendant may be a threat to society, destroy evidence, or ﬂee. If the prosecutor determines that, based on the evidence the judicial police have collected, it is reasonable to infer that the suspect is the principal or an accomplice of a crime, the prosecutor must ﬁle charges against the suspect. If pretrial detention is allowed for the crime allegedly committed, the prosecutor, in the bail hearing, may ask the guarantee judge to hold the defendant in custody. In the case of suspects who are caught in ﬂagrante delicto, it is common for three hearings—that is, the bail hearing, the hearing to decide on the validity of the warrantless arrest, and the oral ﬁling of the complaint—to be held all at once, in what is known in legal jargon as the “combo” hearing. Thereafter,

the prosecutor has up to 30 days to ﬁle the indictment, which will be the basis for the trial.

Plea Bargaining When the 2002 constitutional amendment establishing the accusatory system was proposed in the Colombian Congress, one of the main changes projected was the adoption of plea bargaining as a legal measure intended to simplify and speed up the administration of criminal justice. However, the criminal procedure code of 2004, enacted to implement the accusatory system, and rulings of both the Constitutional Court and the Supreme Court have limited the use of plea bargaining because the deeply rooted culture of compulsory prosecution remains. Colombian prosecutors do not enjoy true prosecutorial discretion because in most cases, when deciding whether or not to prosecute, they are subject to court authorization. First, a decision not to prosecute, which in Colombian legal language is known as “application of the principle of opportunity,” is prohibited in cases of drug trafficking, terrorism, international humanitarian law crimes, and crimes against humanity. Moreover, Colombian law establishes a speciﬁc and extensive list of legal grounds for which the decision not to prosecute is allowed. Before a decision not to prosecute is made, the law allows for the possibility of suspending the criminal proceeding for a test period of up to three years when the defendant has so requested to compensate the victim. Besides the decision not to prosecute having a speciﬁc list of detailed legal grounds, if the legal sentence to be imposed for the crime is more than a six-year prison term, only the attorney general (or the attorney general’s designee) is entitled to make such a decision. However, the Constitutional Court, holding that the decision not to prosecute is an exception to the principle of compulsory prosecution, has ruled that even when suspending a procedure, the prosecutor needs judicial approval. Moreover, in the case of intentional murder, intentional personal injury, kidnapping, and sexual

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Colombia

assault against minors, neither plea bargaining nor parole measures are allowed. In practice, the termination of criminal cases on the basis of a decision not to prosecute occurs in less than 1 percent of all terminated cases. A better outcome has been experienced via guilty pleas resulting from plea bargaining in crimes against adults. In these agreements, the defendants plead guilty in exchange for reduced charges or reductions in sentences. For example, if the defendant pleads guilty in the hearing in which the prosecutor formally presents a complaint against him or her, the defendant is entitled to a reduction of up to half of the sentence that otherwise would have been imposed. But unlike the decision not to prosecute, a guilty plea involves the imposition of a sentence. It is estimated that more than half of criminal cases are terminated because of guilty pleas entered by defendants in the hearing in which the prosecutor formally presents a complaint to a judge.

Pretrial Detention After a Constitutional Court ruling in 2001, a set of requirements for pretrial detention were imposed. The Constitutional Court ruled that formal and evidentiary requirements are not sufficient for imposing pretrial detention because the judge in charge of making this decision must also take into consideration whether pretrial detention is constitutionally justiﬁed in the speciﬁc case. The court held that pretrial detention is constitutional if it is necessary to preserve evidence, to protect witnesses, or to avoid a serious risk of harm to society posed by the release of the defendant on bail, or when it is clear that the defendant will ﬂee. The new criminal code adopted this doctrine, and in addition to the formal and legal requirements related to the seriousness of the investigated crime, it demands that the judge who orders pretrial detention verify that this exceptional measure is needed to avoid the obstruction of the due exercise of justice, or because the defendant is a danger to society, or that it is probable that the defendant will not return to court or will not obey the sentence.

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Among those crimes for which pretrial detention is allowed are genocide; homicide; crimes against international humanitarian law; forced disappearance; kidnapping; aircraft piracy; torture; illegal displacement; trafficking in people; sex trafficking of adults by force, fraud, or coercion; sex trafficking of children; rape and sexual assault; child pornography; domestic violence; robbery; violation of economic copyrights; counterfeiting and forgery of currency and public documents; money laundering; conspiracy; terrorism; drug trafficking; bribery and corruption of public officials; pandering; perjury; espionage; insurrection; and sedition. For other crimes, pretrial detention is not allowed unless such crimes have been committed in concurrence with other crimes for which it is allowed. Among these are manslaughter, injuries that have not caused permanent disability, abortion, injuries to a fetus, inducement to commit suicide, cloning of human beings, nonconsensual artiﬁcial insemination, burglary with no stealing, trade in wiretapping devices, violation of workers’ rights to freedom of association, defamation and slander, failure to pay legal child support, nonaggravated larceny, writing checks without sufficient funds, trespassing or taking over real property, damage to property, false impersonation, tampering with the quality of consumer goods, illegal exploitation of natural resources, arson, improper use of privileged information, and violent picketing. Pretrial home detention may be imposed for defendants who are older than 65 or seriously ill in the opinion of official experts, or when the defendant is a pregnant woman during the last two months of pregnancy and up to six months following childbirth. It is also allowed in the case of a man or woman who is the head of a family with children younger than 18 or with older children with disabilities. In addition, this kind of detention is allowed when the judge determines that, based on the personal, labor, social, or family conditions of the defendant, the purposes of detention can be achieved by detaining the defendant at home. However, this form of detention is prohibited in certain cases, such as (a) crimes of voluntary homicide, personal injury, sexual assault, and kidnapping if

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the victim is a minor and (b) when the case is to be tried before a special circuit judge (mainly cases involving complex crimes such as drug trafficking or genocide).

Organization of the Judiciary The judiciary in Colombia is hierarchically structured. At the bottom are the municipal judges, and above them are the circuit judges and specialized circuit judges. They work as sole adjudicators and do not sit on panels or en banc. Most of the time, they act as trial judges. To be appointed a municipal judge, the candidate must be an attorney with at least two years of experience after getting his or her law degree. Municipal judges are in charge of trials of minor offenses, such as personal injury, crimes against property valued at no more than 150 times the country’s monthly minimum wage, domestic violence, failure to pay child support, and crimes that require that the injured person ﬁle a criminal complaint for the matter to be prosecuted. Special circuit judges are in charge of complex crimes such as drug trafficking, genocide, forced disappearance, crimes against international humanitarian law, aircraft piracy, torture, money laundering, unjust enrichment, terrorism, murder of public servants, and so on. Circuit judges are in charge of trials of most serious crimes (for example, the majority of homicides, crimes against property valued at more than 150 times the country’s monthly minimum wage, rape, violation of intellectual property, etc.). To be appointed a circuit judge, in addition to having a law degree, the candidate must have at least four years of experience after the awarding of a law degree. Above these single judges are the district courts of appeals, whose headquarters are usually located in department capitals. Judges in these courts must be attorneys with at least eight years of professional experience. They decide on ﬁnal rulings of municipal judges and on ﬁnal and interlocutory orders of circuit and special circuit judges. Courts of appeals sitting as trial courts hear cases against judges, prosecutors, or inspectors who appear before a judge or

a prosecutor because such defendants have the right to be tried in a special jurisdiction. In Colombia, there are 32 judicial districts, each with a court of appeals that hears criminal cases. In addition, there are 4,285 judges, including 971 multiple-jurisdiction municipal judges, 435 criminal municipal judges, 342 criminal circuit judges, 88 multiple-jurisdiction circuit judges, and 67 judges in charge of execution of punishment and security measures. As noted previously, there is a special type of judge called a “guarantee judge” who presides over hearings on bail and other judicial authorizations that affect a defendant’s rights or the legality of arrests and searches and seizures. Some municipal judges discharge their duties as guarantee judges, and the appeals of their decisions are heard by circuit judges. In cases that are directly tried by the Supreme Court, the Bogotá Court of Appeals performs the function of a guarantee judge. Finally, for the execution of punishment, there is a special category of judges called judges for execution of punishment and security measures. All regular judges below the level of the Supreme Court, as well as their clerks, are appointed from among the best-qualiﬁed candidates in an open public contest. Unlike the justices of the Supreme Court, the other Colombian judges, once appointed, may retain their positions on a permanent basis until they are discharged as a result of a disciplinary or criminal action, or until they attain the age of mandatory retirement, which is 65. Also, it is important to note that Colombian judges usually have much more experience than the required minimum. Separate from the ordinary judiciary are martial courts in charge of trying members of the army, navy, air force, and police force who commit acts related to military service. This means that if they violate human rights or international humanitarian law, which are nonmilitary offenses, they are tried not by a martial court, but rather by an ordinary court. Sitting atop all of the judges and courts of appeals mentioned here is the Supreme Court, which has three chambers: one civil (with seven justices), one labor (with seven justices), and one criminal

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Colombia

(with nine justices). Justices of the Supreme Court hold their positions for an eight-year term or until they reach the age of mandatory retirement. They must be duly licensed attorneys with at least 10 years of professional experience. The Supreme Court also has appellate jurisdiction over the rulings made by the courts of appeals when the latter act as trial courts and investigative and trial jurisdiction when the defendant is a congressman. It also has trial jurisdiction when the defendant is the president of the republic, after the House of Representatives has brought charges against him or her and the Senate has declared that there are grounds for the president to be tried by the Supreme Court. In addition, the Supreme Court has trial jurisdiction over certain high officials, such as the inspector general, the ministers of the president, the ombudsman, the comptroller general of the republic, ambassadors and chiefs of diplomatic or consular missions, governors, magistrates of the courts of appeals, generals of the army, and admirals of the navy, among others. In the case of these high officials, only the attorney general himself, and not any of his delegates, can legally conduct the investigation. The tutela action, established by article 86 of the 1991 Constitution, entitles any person (human being or entity) to ﬁle an informal petition with any court, no matter its jurisdiction, alleging the violation or endangerment of fundamental rights, when the petitioner does not have another means of judicial recourse or is in need of an immediate temporary device to avoid irreversible harm. The judge has to decide on the petition within 10 business days, and if the judge rules that the petitioner’s fundamental rights have been violated or threatened, he or she has to issue a protective order that must be complied with no later than 48 hours after its issuance. The tutela action may seem quite straightforward, but because it is possible that judicial decisions themselves violate fundamental rights, this constitutional relief may be sought against those decisions, as well. In its early days, the Constitutional Court was hesitant about nullifying via tutela actions the ﬁnal judgments entered by its brethren courts, but it has since affirmed its authority to

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overrule any other court’s ﬁnal judgment, including those entered by the Supreme Court, the Council of State, and the Superior Council of the Judicature. The Constitutional Court examines tutela decisions in three-justice panels, although if the matter is of high importance or a uniﬁed doctrine is needed, the review may be conducted en banc. Lately, high courts such as the Supreme Court of Justice and the Council of State have refused to obey Constitutional Court rulings invalidating their judgments. This is not to say that overturning a Supreme Court or Council of State ﬁnal decision via a tutela action is an easy step, but to show that this quarrel among high Colombian courts (a problem known as “clash of trains”) is not only a nuisance for the judiciary itself but also a source of uncertainty for the public because nobody knows when the adjudication process has come to an end.

Punishment Types of Punishment Imprisonment and ﬁnes are the main forms of punishment in Colombia. For the most common crimes such as murder, rape, theft, burglary, and robbery, the typical punishment is prison. For example, homicide is punishable by 17.3 to 37.5 years of imprisonment, aggravated homicide by 33.3 to 50 years, rape by 12 to 20 years, and robbery by 6 to 14 years. Neither the death penalty nor life in prison is allowed under the Colombian Constitution. Actually, the death penalty was totally abolished in 1910. Corporal punishments are also banned. The maximum prison term is 60 years in case of multiple offenses, and for single offenses no punishment more than a 50-year prison term is legally possible. However, there are many parole options, and in the nation’s criminal history, no defendant has actually served the maximum sentence. Colombian law provides different community supervision options. One is home conﬁnement, which can be applied when the minimum prison term for such a crime is of ﬁve or fewer years and the judge concludes on the basis of the personal, familiar,

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the prison sentence for a test period ranging from 2 to 5 years. If the imposed sentence is no more than an eight-year prison term, and the defendant has no criminal record for the last ﬁve years, he or she may be freed on bail with the use of a monitoring bracelet. This option is not available for defendants convicted of certain crimes, such as forced disappearance, torture, kidnapping, forced displacement, trafficking in persons, sexual assault, extortion, conspiracy, money laundering, terrorism, and drug trafficking. Convicted felons who are serving a prison term may be considered for parole once they have served two-thirds of their sentences if they have exhibited good behavior in prison, compensated the victims (when the defendant’s economic situation makes it feasible), and paid any pending ﬁnes. In addition, for each two days of work or education (either studying or teaching), the convicted felon reduces his or her prison term by one day.

Prisons

A man pleads with police after being stopped on suspicion of robbery in Bogota, Colombia, September 15, 1995. Police anticrime activity has been increased since President Ernesto Samper declared a state of emergency aimed at fighting violent crime. Crime statistics for 1994 showed 26,000 homicides committed in Colombia, making it the most violent nation that is not at war in the world. (AP Photo/Richard Rogers)

labor, and social conditions of the convicted that the individual will not be a danger to the community and will not ﬂee. In such a case, the defendant has to pay bail as a guarantee of good behavior. The convicted defendant may also be freed on probation (not in home conﬁnement) if the sentence actually imposed is no more than a three-year prison term, the defendant has paid all pending ﬁnes, and the judge determines that imprisonment is not needed based on the defendant’s criminal record, his or her personal conditions, and the nature of the crime. In such a case, the judge may suspend

The National Institute for Penitentiaries and Jails operates 139 correctional facilities, including prisons, jails, and other conﬁnement settings, through six regional directorates. There are 96 combined facilities with separate prison and jail compounds, 13 jail-only facilities, 11 prison-only facilities, and 11 women-only facilities, among others. A few prisons are classiﬁed by their levels of security. The prison with the largest number of inmates is the Modelo Prison in Bogotá, which houses more than 5,500 convicted offenders, although its regular capacity is no more than 2,900 inmates. This prison is dirty and overcrowded and has been known for its high incidence of violence. Correctional operations are regulated by the Prisons and Jails Code of 1993, which provides a legal framework for the protection of human rights and civil liberties within correctional facilities. Nevertheless, the implementation of these principles of good prison governance is far from satisfactory. As of September 2008, Colombia had almost 70,000 inmates, of whom roughly 46,000 were

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Costa Rica

convicted felons; the remaining were defendants under pretrial detention. Male inmates represented 94 percent of the entire prison population. Visits are permitted and usually take place on weekends. There is no compulsory work or study, but work and education may reduce a prisoner’s sentence. Colombia has signed agreements with Venezuela, Spain, Panama, Costa Rica, and Ecuador regarding the return to Colombia of Colombian prisoners serving sentences in those countries, but their usage has been limited because of the overcrowded conditions of Colombian prisons, which leaves no place for them. Orlando Munoz-Neira Further Reading Bernal-Cuellar, Jaime, comp. (2003). Lecciones de Derecho Penal. Parte Especial. Bogotá: Universidad Externado de Colombia. Corporación Excelencia en la Justicia: http://www. cej.org.co (click “biblioteca”). Martinez-Rave, Gilberto. (2006). Procedimiento Penal Colombiano. Bogotá: Editorial Temis. Velasquez-Velasquez, Fernando. (2007). Manual de Derecho Penal. Parte General. 3rd ed. Bogotá: Comlibros.

Costa Rica Legal System: Civil/Adversarial Murder: Medium Burglary: High Corruption: Medium Human Trafficking: Medium Prison Rate: Medium Death Penalty: No Corporal Punishment: No

Background Legal System Prior to 1841, Costa Rica was governed by a variety of Spanish colonial laws. In that year, the General

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Code of 1841 combined in one statutory body legal codes pertaining not only to both civil and criminal matters but also to aspects of substantive and procedural law. The promulgation of a new penal code in 1880, and the ratiﬁcation of the penal procedural code in 1910, allowed criminal legislation to become independent from civil law, additionally leading to the separation of penal substantive law and the norms regarding procedure in the application of penal law. In terms of procedural application of criminal law, the Penal Procedural Code of 1910 was inquisitorial, that is, marked by a predominance of written statements and secrecy by which processes were conducted, with the impossibility for the prosecution or the defense to challenge or refute rival arguments. This process produced a degeneration of the system with frequent violations of human rights. In 1973, a new procedural code was adopted, which forced criminal justice to evolve into a two-pronged system with both inquisitorial and accusatorial features. The system remained inquisitorial during the early stages of the criminal justice process, including the investigation of criminal charges and instruction of causes that were written and kept private, whereas the latter stage of the process was accusatorial in nature, with public trials, so that both the prosecution and the defense could contest each other’s arguments. In 1996, the penal procedural code that is currently in practice was officially adopted. This code is adversarial in nature, does away with judicial instruction, favors spoken and reciprocal arguments by all parties involved, and redesigns the right to a defense for the accused, such as including victim statements during criminal processing. This code also establishes the Public Ministry as the authority responsible for criminal investigation and clearly delineates cases that require the intervention of the Public Ministry for the initiation of criminal prosecution (crimes of public action or complaint by the victim and crimes of public action punishable by private instance) and cases where no action is required (crimes of private action), and it also expands the diverse causes for extinction of a punishable act along with alternatives to criminal prosecution.

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Among the reforms that occurred during the 1990s, the abolition of preventive incarceration stood out as one of the most important because under the procedural penal code of 1973, preventive incarceration functioned as an advance on a sentence of incarceration, which under all scrutiny was illegal. Another transformation of the system was the constitutional reform of 1989, which created La Sala Constitucional, or the Constitutional Chamber, making it possible for citizens to appeal whenever they felt that a fundamental human right had been violated. The Sala Constitucional also has the capability to order the release of inmates awaiting trial in overcrowded prisons by exercising constitutional control over rulings that originally denied them release from prison. Another signiﬁcant modiﬁcation of the system was in the practice of pretrial detention, which became the subject of more rigorous monitoring after 1993; these regulations were later formally codiﬁed in the Procedural Penal Code of 1998. A ﬁnal noteworthy change to the system was the adoption of the Juvenile Penal Justice Law in 1996, which along with the Procedural Penal Code of 1998, implemented robust guarantees aimed at protecting the rights of defendants under the age of 18. With regard to substantive penal legislation, it is important to emphasize that a series of fundamental reforms preceded the penal code of 1971 and the penal code that is currently in effect. These include the permanent abolition of the death penalty in 1871; the adoption of a taxonomic scheme to classify punishable acts in 1924, which divided them into two major groups, delitos (crimes) and faltas o contravenciones (violations); the introduction by the penal code of 1941 of treatment measures for persons with mental illnesses or drug addictions, or those unable to understand the illicit character of their acts; the limitation of maximum prison time to 30 years; and the inclusion of conditional suspension of a sentence and conditional liberty. The penal code enacted in 1971 was intended to shift the criminal justice system from an organization primarily tasked with social repression to a body committed to restoring justice and harmony. This commitment was evident by the reduction

of the maximum prison penalty from 30 years to 25 years and the emphasis on rehabilitation and social reintegration as the key correctional goals. There was also an increase in the beneﬁts provided to those sentenced for a crime: the conditional execution of the sentence, judicial pardon, the possibility of pardon granted by the Council of the Government, and amnesty for political crimes. Contrary to this earlier revival of rehabilitative ideals, modiﬁcations made to the penal code in 1994 were characterized by an increase in punitive rigor. The maximum prison sentence was elevated from 25 years to 50 years, sanctions for homicides and certain sexual crimes were increased, and new acts became classiﬁed as criminal. These changes have all inﬂated the prison population, which in the period from 1992 to 2004 increased from 103 to 202 persons incarcerated per 100,000 residents.

Courts The courts are responsible for the preparatory and intermediary processes that precede a trial, including providing resources for appeal in matters of contravenciones (violations). Penal tribunals are responsible for overseeing the trial stage of the criminal justice process and can consist of one presiding judge or a panel of several judges, depending on the nature of the case. A single judge is employed when a defendant has admitted to the act committed and pleaded guilty, when the court is dealing with cases of simple infractions and violations punishable with a non-incarcerative sentence, when the court is dealing with crimes that warrant a sentence no greater than ﬁve years in prison, or when the court is dealing with illicit drug violations; in these cases, the trial is brief and does not require all stages of an ordinary oral and public trial. The collegiate tribunals come into play when the defendant ﬁghts for his or her innocence and the trial follows all stages of an oral and public trial. Special tribunals also exist, including the Tribunal de Casación (Tribunal of Annulment) and the Tribunal de Casación Penal (Tribunal of Penal Annulment). The Tribunal of Annulment is composed of ﬁve magistrates from the Supreme Court of Justice,

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Costa Rica

and its function is to exercise control over the application of sentences speciﬁed by collegiate penal tribunals. The Tribunal of Penal Annulment is composed of three judges whose function is similar to those performed by the Tribunal of Annulment, but the Tribunal of Penal Annulment intervenes only in sentences dictated by a single judge. There are mixed tribunals and courts that carry out joint functions; that is, they simultaneously attend to more than one matter, for example, both criminal and civil cases, as determined by the number entering the judicial system. Moreover, the judicial system also includes courts solely dedicated to matters relating to the execution and fulﬁllment of punishment (i.e., juzgados de ejecución de la pena, or courts for execution of punishment). The requirements for judgeship include holding Costa Rican citizenship and having full exercise of the rights afforded to citizens. The age requirement is 30 years, and judges must possess the title of attorney in law legally recognized in Costa Rica and must have practiced the legal profession for more than six years, except public officials with a legal practice of no less than three years. In 2007, there were 189 criminal court judges.

Crime Classification of Crimes The Costa Rican penal code divides punishable acts into two broad categories: delitos and contravenciones. The former refers to those illicit acts considered to be grave, for example, murder or rape. The latter refers to acts perceived as less grave and includes minor injuries or indecencies. Delitos can be punished with the privation of liberty, whereas contravenciones are punishable only by monetary ﬁnes, which the defendant must pay to the public institution. Delitos are described under the ﬁrst title of the second book of the penal code and are grouped according to the legal virtue they protect: life, honor, sexual integrity, family, liberty, scope of privacy, property, good faith in business, public safety, public tranquility, national security, public powers and the constitutional order, public authority, the administration of

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justice, the duty of the public functions, public faith, and human rights. Contravenciones are described in the ﬁrst title of the third book of the penal code and can also be divided according to the legal virtues they protect: violations against persons, good customs, inviolability of land, estates or businesses, public order, and public security. Not all delitos are included in the penal code because in the last 30 years, the categories of acts considered criminal have been expanded in new statutes. These new laws regulate a variety of speciﬁc matters, such as the environment, taxes, public administration, and consumption among others. In like form, special laws have been created that regulate all actions relating to drugs (Law 8204 of 2002). This last law establishes that the trade, consumption, industrialization, manufacturing, reﬁnement, transformation, extraction, analysis, preparation, cultivation, production, importation, exportation, transport, prescription, supply, storage, distribution, and sale of illicit psychotropic substances or their derivatives are strictly limited to activities and necessary quantities needed for medical treatment, toxicology and chemical analysis, training of animals used by police for the detection of illicit substances, analysis of pharmaceuticals in medical or athletic matters, and authorized production of medical products. Only persons legally authorized can intervene in any matters relating to said substances. Personal consumption of drugs or possession of illicit substances is strictly prohibited.

Age of Criminal Responsibility Article 17 of the penal code; articles 1, 2, 5, and 6 of the Juvenile Penal Justice Law; and the Childhood and Adolescent Codes establish the age of criminal responsibility at 18 years. Persons accused of crimes who are 18 years or older are prosecuted according to the penal code, and those under the age of 18 are prosecuted according to the Juvenile Penal Justice Law.

Crime Statistics Criminality has shown an upward trend in Costa Rica during the last quarter of a century; the overall

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crime rate is fundamentally explained by trends in property crime. Robbery using force, larceny, robbery of a means of transportation, and robbery exerting violence on a person are emphasized because these categories make up 90 percent of the total crimes against property recorded during the 1980–2005 period. Property crimes using force and larceny constitute the most frequent crimes: 42 percent and 24.5 percent, respectively, according to the Estadísticas Policiales. Crimes for infractions of the psychotropic laws also stand out, registering a rate of 27.4 cases per 100,000 residents between 2000 and 2005. Most reported crimes occur mainly in urban areas. In comparison to property crime, the average rate of homicides between 2000 and 2005 was 6.36 cases per 100,000 residents, a rate in line with the country’s historic average. Rates per 100,000 residents of crimes reported to police in 2005 and the robbery rate in 2004 were as follows: Property crimes using force Larceny-theft Robbery (2004) Motor vehicle theft Drugs Forcible rape Criminal homicide

344.5 198.1 158.6 121.2 24.4 12.9 6.9

Finding of Guilt Prosecution Criminal prosecution is the responsibility of the Public Ministry, which also directs criminal investigations with the aid of the judicial police. When information is obtained about a criminal act, the police proceed to investigate the incident, meet with and interview suspected authors and accomplices of the crime, collect evidence to build the factual foundation for prosecution, and produce a report that informs the prosecutor of the results of their investigation. The prosecutor then has the duty of evaluating preliminary proceedings conducted by the judicial police, with the purpose of deciding whether to continue with the investigation or to solicit from

a judge of the intermediate stage (judges of guarantee) one of the following options: to disregard the accusation or police action because no crime was found to be committed; to ﬁle a prosecutorial charge if there is a punishable crime but no suspect was found; to discharge the person being charged and drop charges against the person if there is no viable evidence of his or her guilt; to ﬁle for a partial or complete discontinuance of any criminal prosecution; to apply an abridged criminal process, which is viable only when the accused pleads guilty; to negotiate a reconciliation between parts; or to suspend and impose conditions to the accused or take any other step oriented in ﬁnalizing the prosecution process. If the prosecutor decides to continue the investigation after deciding that there is enough evidence to charge a suspect of participating in the punishable act, the prosecutor can order any action permitted by law with the objectives of building a foundation for the formal prosecution and validating criminal charges to be presented before a judge in the intermediary stage. When the accused is detained for a ﬂagrant crime, and criminal proceedings have been followed according to the law in building the case against that person, the prosecutor can immediately draw up the charges. Prior to the preparation of charges, the prosecutor must summon the accused so that the person can provide his or her statement. If the accused is detained, the prosecutor must take any statements the person makes immediately or at the latest within 24 hours of the arrest. During this time, the accused is informed of the rights that he or she is afforded. If the accused decides to make a statement upon his or her arrest, only the Public Ministry and not the judicial police can legally obtain that statement. The attorney general of the republic, under the Ministry of Justice, can prosecute crimes including crimes against national security, public tranquility, public powers or the constitutional order, the environment, land zones or public property, and the duties of public functions; illicit taxes or the violation of customs law; and crimes violating the organic law of the Central Bank of Costa Rica and the law against the illicit accumulation of wealth by public

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servants. The attorney general is qualiﬁed to initiate and exercise direct criminal prosecution without subordination to the Public Ministry. Once the charge against a suspect is announced, there is a preliminary hearing before a judge of guarantees. The judge of guarantee will then order the case to the penal tribunal, which is the entity responsible for conducting the trial and dictating sentencing.

Rights of the Accused According to article 39 of the Constitution of Costa Rica, there is no sentence that is legally effective unless the accused are given the opportunity to defend themselves and reject, by any legal means, the charges formed against them. The accused has the right to be heard within a reasonable time by a judge or tribunal in regard to the charges formed against them (“right to petition”). The accused has the right to be informed, prior to the imposition of the sentence, of the content of the charges and the relation between the criminal act and elements of evidence. The accused has the right to participate actively in the judicial process and can demand the appearance of witnesses, experts, and other persons to interrogate and crossexamine them. This right is used especially during the trial stage where both parties have the opportunity to consider and argue the evidence in front of an impartial tribunal. The accused has the right to personally defend himself or herself and can count on the assistance of a defense attorney of his or her choice. The accused also has the right to communicate privately with his or her attorney. If the accused does not choose to defend himself or herself and does not choose an attorney, the accused has the right to be provided with a public defender paid for by the state. The right to a defense cannot be renounced and must be available to the accused from the ﬁrst moment of criminal investigation, allowing him or her to understand any judicial or police action that singles out the individual as a possible suspect of a crime or a possible participant in a crime. It is the duty of the judicial police, the Public Ministry,

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and of the judges to inform the accused immediately and in a comprehensible manner of his or her rights as listed here and, in addition, the right to abstain from making any statements or declarations, the right not to be submitted to methods that induce or alter free will or compromise his or her dignity, the right to prevent any medium that impedes free movement, and the guarantee that no prejudice is inﬂicted during any procedural stage of prosecution by the tribunal or the Public Ministry. Detention can be mandated prior to trial or before a sentence is ordered, but only in those cases where danger exists that the accused will escape to avoid prosecution or sentencing or when there is a risk that he or she will obstruct the investigation. The judge can also prescribe pretrial detention to prohibit the accused from committing further crimes. Nevertheless, the procedural code does not establish criteria regarding what constitutes an eminent threat. In any case, any time that pretrial detention is prescribed, there must be an order from a competent tribunal. Pretrial detention is solicited by the Public Ministry before a judge of guarantee and at most can be used for up to only 12 months. If an extension of detention is required, the Public Ministry must petition before the Tribunal of Penal Annulment, and the maximum extension that can be granted is for an additional period of 12 months. Pretrial detention can also be ordered when a trial has already occurred and the convicted person is awaiting sentencing, in which case detention has the possibility of being expanded for up to 6 months. If the criminal matter at hand is complex in nature, the length of detention can be expanded in the following ways: when a trial is underway, the maximum time for detention is 18 months, with the possibility of being extended for another 18 months; and when a trial has already concluded and the convicted is awaiting sentencing, the detention can be extended up to 8 months.

Alternatives to Trial There are three alternatives to trial in accordance to the penal procedural code: conditional suspension

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of the process or trial, integral reparation of damages, and reconciliation. The conditional suspension of the process or trial refers to a procedural instrument that ceases criminal prosecution and orders the implementation of restorative justice with the accused having to repay damage within a period of no less than two years and no more than ﬁve. The accused is also subject to the regulations established by article 26 of the procedural penal code, which can consist of mandated medical treatment under special circumstances. Once the penalty is carried out to the satisfaction of the judge, the prosecution is terminated without further legal consequence. The tribunal also has the power to revoke any alternative to trial and pursue full criminal prosecution against the accused. The conditional suspension of the process is applied only when the crime in question carries a prison sanction that does not exceed three years or when the convicted person can be sanctioned by punishment that does not deprive the person of his or her liberty. It is important not to confuse the conditional suspension of the process with the conditional suspension of a sentence, given that the latter seeks to provide conditional release from prison when a sentence is brief. The conditional suspension of a sentence also differs from conditional suspension of the process in that the former allows prisoners to complete the remainder of the prison sentence in freedom as long as that prisoner does not relapse. Conditional suspension of a sentence is a beneﬁt and not a right and depends on an evaluation of several factors by a judge of penal execution and the fulﬁllment of the following legal requisites: the prisoner must have completed half of the total sentence, the prisoner must not have a criminal record with convictions that warrant prison time for more than six months, and the prisoner must hold a report from the National Institute of Criminology that attests to his or her good behavior. Conditional suspension of a sentence and conditional liberty are also different from the conditional suspension of the process because they imply actions that occur once a trial has completed, whereas the conditional suspension of the process is an alternative to trial.

Integral reparation of damage is an alternative applied to crimes that are not violent in nature, including nonviolent crimes against persons and crimes that are not intentional. The objective of this alternative consists of total compensation to the victim for the damages caused. Examples of nonviolent crimes that warrant integral reparation include larceny, fraudulent administration, and unlawful and irregular appropriations. Nonintentional crimes can include involuntary manslaughter, abortion, reckless lesions, and injuries, among others. Reconciliation consists of an agreement made by all parties in the conﬂict to desist from pursuing adjudication in court. Reconciliation is used as an alternative to trial in cases involving contravenciones (minor violations) or in cases involving crimes that do not require the intervention of the Public Ministry, including crimes against a person’s honor (injuries, defamation, and calumny). Some crimes that require a formal complaint from the victim so that the Public Ministry can initiate penal action can also be resolved through reconciliation, for example, consensual sexual relationships with a person over the age of 12 and under the age of 15, rape of a person over the age of 15 who has not been deprived of reason or is unable to resist aggression, sexual aggression that is not aggravated, minor injuries and minor criminal acts, and crimes that qualify for a conditional suspension of sentence. For a reconciliation to take place, the tribunal must authorize the agreement between the parties and declare any prosecutorial action extinct. A trial can also be avoided when the accused admits his or her criminal acts, and the Public Ministry and the affected party accept a brief process. Once these conditions are met, the matter is sent to the tribunal of trial so that they can dictate a sentence without holding a formal trial, unless the judge believes the parts must be heard, in which case the judge will assign an oral audience. This is the brief process described earlier. It is important to emphasize that the majority of the cases that come before a tribunal are resolved through trial. For example, of the 12,529 cases registered in 2006 in the diverse penal tribunals of the country, 106 were resolved by reconciliation, 83 were resolved through the conditional suspension of the

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process, 33 were resolved through integral reparations of damages, and 6,487 were resolved through sentencing. Of this last number, 918 were resolved though brief processing.

Juvenile Justice Persons under the age of 18 are not subject to the regulations of the penal code, but to the Juvenile Penal Justice Law. This legal body, which came into effect on February 6, 1996, is applied to persons between the ages of 12 and 18 years that commit acts categorized as delitos or contravenciones by the penal code or any special laws. This legislation, however, is not valid for boys and girls under the age of 12. In these cases, a judge is obligated to send the child to the Patronato Nacional de la Infancia, or the National Trust for Infancy, a government entity that is service-oriented and nonpunitive in nature, responsible for matters of childhood and adolescence in the country. This child welfare agency can implement the institutionalization of a minor in any of the juvenile centers established for the purpose of care and reform only under the explicit order and continuous monitoring of a judge of juvenile penal execution, who will control the imposed sanction. The Juvenile Penal Justice Law is guided by the penal code to determine acts categorized as crimes; however, it is autonomous in terms of general dispositions, procedures, execution, and control of sanctions. In fact, these latter duties are completely different from those established by the penal code. The sanctions are subdivided into three categories: orders of orientation and supervision, socio-educative sanctions, and sanctions that involve deprivation of liberty. Orientation and supervision could include a warning carried out in a verbal manner by a competent authority, assisted liberty, community service, or reparation of damages to the victim. Socioeducative sanctions establish a determined place of residence or a change of residence for the juvenile and often demand that the juvenile stop associating with determined persons. These sanctions prohibit the minor from visiting bars, clubs, and other speciﬁc providers of entertainment and require the

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minor’s matriculation in a center of formal education or any other institution whose objective is to teach a vocation. Sanctions also require the minor to maintain employment and abstain from consuming alcoholic beverages, hallucinogenic substances, narcotics, or any toxins that can produce an addiction or habit. Under socio-educative sanctions, the institutionalization or treatment of the minor in a public health center or a private rehabilitation center for substance abuse treatment can be ordered. The third set of sanctions corresponds to the deprivation of liberty, institutionalization during leisure time, or institutionalization in specialized centers different from those reserved to persons over the age of 18. Specialized judicial entities that focus on the juvenile population are responsible for criminal matters involving underage offenders and operate independently from judicial entities that prosecute adults over the age of 18. The Juvenile Penal Court is responsible for dictating sentences, whereas the Juvenile Penal Tribunal resolves appeals of sentences dictated by the Juvenile Penal Court, submitted by minors. The Tribunal of Penal Annulment resolves matters resulting from appellation decisions made by the Juvenile Penal Tribunal. The Public Ministry also operates a special unit dedicated to matters of juvenile law that works alongside the Juvenile Penal Execution Court, which is in charge of controlling the execution of sanctions imposed on minors.

Punishment Types of Punishment For those acts classiﬁed as delitos, the penal code establishes three types of punishment: principal punishments (prison, exile, ﬁne, or civic disenfranchisement), accessory punishments (absolute and special disenfranchisement), and lending services of public utility. The punishment of exile is applied only to foreign nationals and is practically in disuse. It consists of their expulsion from the national territory and prohibits them from returning during a period allotted by the sentence. A ﬁne obligates the accused to pay a sum of money to a public institution within 15 days following sentencing. If the convicted persons cannot pay the ﬁne imposed as part of a sentence, the judge can convert the ﬁne into

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community service payable to the state or to public institutions. If the convicted person has the means to pay the imposed ﬁne but abandons the payment schedule settled by the court, the penal code establishes that the sentence can be turned into one day of prison for every day of the payment schedule that is not paid. Absolute disenfranchisement consists of the loss of employment, loss of public office by election or appointment if the convicted person holds such title, ineligibility to obtain another public position, loss of public commissions, the deprivation of active and passive political rights, the inability to practice profession or trade, and the inability to practice the legal representation of minors and the administration of goods. Absolute disenfranchisement can be imposed for a period of time from 6 months to a maximum of 12 years. Special disenfranchisement consists of the privation or restriction of one or more rights and can be imposed simultaneously with principal punishments. It can be imposed for the same period of time as absolute disenfranchisement. A prison sentence is the punishment applied with the highest frequency and has a maximum limit of 50 years. Prison sentencing is regulated by international norms to which Costa Rica subscribes, including the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations in Geneva in 1955 and the American Convention on Human Rights. Both international conventions concur with Costa Rican national legislation in regard to the use of prison sentences for the purpose of rehabilitation.

Prison Crimes such as homicide, rape, and robbery are punished with prison sentences, and the lengths of these sentences vary depending on mitigating and aggravating factors surrounding the crime. For example, simple homicide warrants an expected prison sentence minimum of 12 years and a maximum of 18 years. When an act is classiﬁed as intentionally causing death to a known person, a prison sentence can ﬂuctuate between 25 and 35 years. When homicide is accompanied by mitigating factors (e.g.,

the original intent of the assailant was not to cause death but to inﬂict bodily damage), a prison sentence can vary from 1 to 6 years. Simple rape carries a penalty that can range from 10 to 16 years in prison. The prison sentence for rape against a family member or when aggravating factors exist (e.g., when damage is produced to the health of the victim) can vary from between 12 and 18 years of incarceration. In the case of robbery, if the action is carried out with use of force, the total sentence ranges from 3 months to 6 years. If violence is inﬂicted on a person in the course of a robbery, the prison term can range from 3 to 9 years, and if the robbery is aggravated, for example, by use of a ﬁrearm, the prison sentence can range between 5 and 15 years.

Prison Population In Costa Rica, the General Directorate of Social Adaptation, an entity of the Ministry of Justice, is the institution responsible for serving the offender population under different forms of criminal justice supervision: conditional suspension of the process, alternative sanctions, juvenile sanctions, and adult incarceration. With respect to this last one, the country has 15 prisons, and as of October 31, 2007, these prisons housed a total of 7,898 persons, of whom 23 percent had not been sentenced (pretrial detention). One percent corresponds to juvenile penal justice, with nearly one-third of this juvenile population located in the Center for Institutional Attention La Reforma. Only 6 percent of the entire correctional population was female. In regard to the rights of the persons deprived of liberty, Costa Rican legislation establishes that prisoners enjoy the same individual, social, and economic rights as the rest of the population save for the rights that are incompatible with incarceration. In addition, prisoners receive professional attention from a interdisciplinary team that helps them to acquire understanding and to develop skills that will be useful in life, for example, a clear comprehension of social and personal aspects that caused the prisoner to lapse into criminal behavior, with the goal of preventing the person from becoming involved in new criminal acts.

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Work is conceived as a right and not as an instrument of punishment for those who are incarcerated. Therefore, forced labor and other disciplinary sanctions that go against the dignity and human rights of a prisoner are prohibited. Activities and routines are programmed to achieve the goal of social reintegration of those incarcerated and include vocational training in technical professions. For every two days of work completed, one day of prison is deducted from the sentence. The same rule applies in the case of persons who are being held as part of pretrial detention, but the beneﬁt is granted only once the prisoner is given a ﬁrm sentence. Prisoners are granted three types of visits: general, conjugal, and special. The ﬁrst refers to visits from relatives or friends, which the prisoner can have at least once a week for a period of no less than three hours. Conjugal visits give the prisoner the right to intimate contact with the person of his or her choice, as long as the chosen partner is not of the same sex. Each conjugal visit lasts no less than four hours and can be granted once every 15 days. Special visits are conceded outside the general visiting hours, depending on the gravity or urgency of the circumstance; they must be authorized by the director of the correctional facility, and each special visit cannot exceed one hour, with the exception of cases marked by law. Visits from international human rights organizations to Costa Rican prisons are regularly authorized.

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they follow strict guidelines. For example, the crime for which the order is made cannot be political and must be of a common type with equivalents regulated under Costa Rican legislation. Furthermore, if the crime is punishable with the death penalty in the country soliciting extradition, this order will be rejected because Costa Rica, a subscriber to various international humanitarian agreements, opposes capital punishment. In October 2007, only ﬁve people were incarcerated under the request of a foreign nation and were waiting to be transferred to the country that requested the order of extradition to face the criminal prosecution for the crime with which they were charged. Rodolfo Calderón and Eduardo González Further Reading Fournier, Fernando. (2001). Historia del Derecho. 3rd ed. Costa Rica: Editorial Juricentro. González, Daniel. (1997). Reﬂexiones sobre el Nuevo Proceso Penal. Costa Rica: Colegio de Abogados y Asociación de Ciencias Penales. Instituto Nacional de Estadística y Censos. (2007). Estadísticas Vitales. INEC: http://www.inec. go.cr. Ministerio de Justicia. (2008). Estadísticas: http:// www.mj.go.cr/Estadísticas.htm. Poder Judicial. (2007). Estadísticas Policiales: http://www.poder-judicial.go.cr/planiﬁcacion/ estadisticas/.

Cuba

Extradition Last, current legislation prohibits the extradition of Costa Rican nationals. This means that if a foreign country solicits the extradition of a Costa Rican national (whether by birth or naturalization) because the person has committed a crime in that country, the solicitation will be denied. Nevertheless, if the crime for which the person is being prosecuted exists in the national legislation, that person will be processed in the Costa Rican tribunals under the laws of the country. If extradition petitions are requested for a foreign national, these petitions will be processed if

Legal System: Civil/Socialist Murder: Medium Corruption: Medium Human Trafficking: High Prison Rate: High Death Penalty: Yes Corporal Punishment: Yes

Background The Socialist Republic of Cuba is an archipelago of 11 million inhabitants located in the Caribbean

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Sea 90 miles southeast of Key West, Florida. Geographically, Cuba consists of one large island that is home to the majority of the country’s population, the much smaller Isle of Youth, and hundreds of minor, mostly uninhabited islets. Cuba has a population of approximately 11 million people, about 10 percent of whom (2.2 million people) live in the capital city of Havana. Cuba was a colony of Spain for 400 years, and as a consequence, Spanish remains the country’s national language. About 45 percent of Cubans identify themselves as Catholic, and another 5 percent are Protestant; however, in daily life, these religions are less prominent than Santeria, an Afro-Cuban spiritual practice that blends African beliefs and religious practices with Catholic ones.

History The white man’s history of Cuba began when Christopher Columbus claimed the island for the king of Spain in 1492. For centuries prior to contact, Cuba had been inhabited by the Taino-Arawak Indian peoples, whom Columbus sought to enslave in service of the Spanish empire, thus beginning a brutal conﬂict that ultimately led to the near-extinction of Taino-Arawaks on the island. In the mid-1800s, Cuban nationalists began a series of armed struggles for independence. In 1898, as the revolutionaries were nearing victory, the United States inserted itself into the Cuban war of independence, inaugurating what came to be known as the Spanish-American War. As a result of winning this

Police patrol the streets of Colon, Cuba. (Barnaby Dorfman) © 2011 ABC-Clio. All Rights Reserved.

Cuba

wider conﬂict, the United States obtained a peace treaty from Spain that gave the United States sovereignty over Cuba. In 1902, the United States withdrew its armies from Cuba, but only after a ﬂedgling Cuban government accepted a constitution that gave the United States the authority to intervene in Cuba’s domestic affairs whenever U.S. interests on the island were threatened. The terms of the U.S. withdrawal also granted the United States the right to use Cuba’s Guantanamo Bay as a naval station, an arrangement that has remained a sore spot for the Cuban government into the 21st century. Since the onset of the U.S. war on terror, for many people outside the United States, the U.S. prison camp at Guantanamo has become synonymous with illegal detention, torture, and violations of human rights. In the late 1950s, a number of political organizations opposed to the government of military strongman and President Fulgencio Batista joined together in an armed rebellion. After a series of internal debates within these movements and conﬂicts among them, Fidel Castro emerged as the overall leader of the revolutionary coalition. On January 1, 1959, the Cuban revolution toppled the U.S.-supported Batista government, beginning a political process that would eventually lead to the proclamation of Fidel Castro as Cuba’s president and “maximum leader.” This also led to the transformation of Cuba into a socialist state with a centrally planned economy and a democratic-centralist government in which each level elects representatives to the next highest level, rather than direct election to any position other than the Cuban equivalent of city councils. In 2008, Fidel Castro resigned. The new president of Cuba, Raul Castro, indicated that he would continue many of the socialist policies and practices established under the leadership of his brother, Fidel. He also signaled, however, somewhat greater receptivity to expansion of internal private markets. In 2008, for instance, the Raul Castro government liberalized public access to cell phones and the Internet for those who could pay for these services with U.S. dollars or their economic equivalent in pesos. Although this is a signiﬁcant liberalization of communications access in Cuba, relatively few Cubans

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living on the island had sufficient income to take advantage of these changes.

Cuban and U.S. Relations The government of the United States has maintained an active policy of “regime change” against Cuba longer than it has toward any other country in the world. For half of a century, the U.S. government has sought to isolate Cuba economically, undermine its socialist political economy, and return Cuba to its former position as a client state with close economic and political ties to the United States. The resignation of Fidel Castro did little to change this policy. Given the historic and contemporary geopolitical hostility between Cuba and the United States, any analysis of Cuba faces the challenge of piercing the miasma of propaganda and political rhetoric on both sides of the U.S.-Cuba divide. In addition, the U.S. government has long prohibited expenditure of federal funds to support scholarly research in Cuba. Whether self- or foundation-ﬁnanced, U.S. scholars who arrive in Cuba can do so only after negotiating complicated and burdensome procedures required by the U.S. Office of Foreign Assets Control to obtain permission to travel to Cuba. The alternative is to risk a US$10,000 ﬁne and up to ﬁve years in prison. At the time of this writing, Cuba is the only place in the world that a U.S. citizen can be punished for simply visiting.

Current Political Organization The government of Cuba is divided into executive, legislative, and judicial branches. The executive branch consists of a Council of State and a Council of Ministers. The president of the Council of State serves as the president of Cuba. The national legislative branch consists of a unicameral body known as the National Assembly of People’s Power. The Supreme Court of Cuba serves as the nation’s highest judicial branch of government and as the court of last resort for all appeals from provincial-level courts. Below the national level, Cuba is divided into 14 provinces and numerous municipalities, each with

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its own elected Assembly of People’s Power. Politically, Cuba is a one-party, socialist state organized according to Marxist-Leninist principles of democratic centralism. This means that primary political leadership is provided by the Communist Party of Cuba and that those elected to base-level representative bodies, such as a municipal assembly, choose from among themselves who will serve in the provincial assembly. This process is repeated when provincial representatives choose who will sit in the National Assembly and when the National Assembly selects the executive officers of the government, including the president.

Role of the Police Cuba’s police, known as the Policía Nacional Revolucionaria (PNR), operate under the supervision of the Internal Order and Crime Prevention division within Cuba’s Ministry of the Interior (MINIT). In addition to policing, the Internal Order division of MINIT also supervises ﬁre protection and corrections. The PNR is responsible for uniform policing, criminal investigation, crime prevention, juvenile delinquency reduction, and traffic control. The PNR is organized into numerous provincial police divisions, each with its own chief of police. Mirroring Cuba’s larger system of democratic centralism, these departments are subject to oversight by provincial-level (county) governments, which are in turn responsible to the national directorate of the PNR. To the extent that Cuban policing is linked to repression of prohibited political activities, these controls originate from the Security Directorate of MINIT, which has responsibility for protecting against sabotage, espionage, and other actions deemed a threat to state security, or as byproduct of Cuba’s system of citizen involvement in social control. Cuba has long relied on citizens to perform nightly watch patrols (la guarida) in neighborhoods and around workplaces and on neighborhood associations known as Committees for the Defense of the Revolution to promote compliance with civil

responsibilities such as water and electricity conservation, inoculations, proper garbage disposal, and in some cases, reporting “suspicious” activity. If suspicious activity reported to the PNR is deemed to be political in nature, it will typically be transferred from the Internal Order division of MINIT to the Security Directorate for investigation.

Crime Classification of Crimes Crimes in Cuba are divided into felony and misdemeanor offenses. Felony crimes are those with a potential sentence exceeding one year of imprisonment or a ﬁne of more than 300 cuotas. Cuotas are units of a ﬁne that have variable value. Thus, one person may be subject to a ﬁne of 100 cuotas at one peso each whereas another may be subject to the same ﬁne but at a rate of two pesos per cuota. The resultant numerical inequality—100 versus 200 pesos for the same offense—is designed to ensure that people with differing levels of economic resources experience similar levels of punishment. For this reason, some Cuban judges will set the value of a cuota equivalent to a person’s hourly wage. Felony-equivalent crimes in Cuba encompass a standard array of offenses against persons or property including murder, rape, assault, death or injury by vehicle, robbery, burglary, larceny, vehicle theft, arson, and drug trafficking, as well as various offenses designed to address speciﬁc problems associated with a socialist economy. Except for murder, rape, and robbery, most offenses under the Cuban legal code have less serious, misdemeanor equivalents. Cuba’s 1988 penal code revision redeﬁned a crime as an act that both violated the law and caused signiﬁcant social harm. Acts that violated the law but caused only limited harm were redeﬁned as infractions that would be handled by paying a ﬁne. For example, one case that this author researched involved a man charged with stealing ﬁve ﬁve-gallon containers of cooking oil from the factory where he worked. The defense attorney convinced the judicial panel that the theft did not meet the standard for “crime” because it did not cause signiﬁcant harm. The court agreed and ruled that his offense was,

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indeed, an infraction. However, because the judges were sitting in a criminal court panel that did not have jurisdiction over infractions, they released the man with only a warning. Cuba’s socialist system of production and distribution has also led to new categories of wrongdoing and new crime-control priorities. The system of rationed and planned distribution enabled Cuba to achieve higher overall levels of nutrition, public health, housing, and education than are found in many developing nations, but it also created barriers to satisfying desires that exceeded the minimum provisions. As a result, for over a generation, both private individuals and those in charge of economic operations often turned to underground markets operating outside the planned distribution system as a means of connecting sellers and buyers of desired commodities. The manager of a clothing factory, for instance, might trade cloth in an underground market for parts to repair a broken machine—parts that very well might have been stolen from another factory. A worker in a chicken-processing plant might routinely steal a few birds to sell to friends and neighbors. In the pre-1993 era, when possessing U.S. dollars was illegal, a street hustler (jinetero) might exchange Cuban pesos for U.S. dollars with foreign tourists and then use them to buy goods in tourist stores for personal consumption or for resale on the black market. In response, the Cuban legal system devotes considerable energy to identifying and prosecuting black-market offenders and others who disrupt Cuba’s socialist system of production and distribution. Although Cuba’s legal system focuses more on those involved in organized black-market operations than on end consumers, the illegality of buying and selling in the underground market means that many otherwise law-abiding Cubans ﬁnd themselves committing at least minor crimes on a regular basis as they try to supplement what is available through the formal distribution mechanism. Even those who enforce the laws against underground markets have admitted to making black- and graymarket purchases. Cubans will often note that their economic system, even after a degree of post-Soviet market liberalizations, forces them to live a double

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morality (doble moral), underscoring the particular contradiction between socialist distribution and socialist legality in Cuba.

Crime Incidence There is little available statistical data on rates of street crime in Cuba. The country does not regularly publish official crime statistics and does not participate in the periodic United Nations Survey of Crime Trends and Operations of Criminal Justice Systems. As a result, most available information regarding crime in Cuba is based on ethnographic information, analyses by nongovernmental organizations, and reports by citizens and travelers to the country. Taken together, these data sources suggest that rates of ordinary street crime in Cuba are low compared to other developing countries and that in some categories, such as interpersonal violence, rates compare favorably with those of developed nations. Cuban citizens typically report having relatively little fear of being victims of property crimes, although some have suggested that increases in inequality since the dollarization of the economy have led to a noticeable growth in property crimes. These current reports are consistent with this author’s own research. In 1989, the author obtained a list of rates for serious street crimes in Cuba through a contact in the Cuban Ministry of Justice. These data showed rates of reported crimes to be very low by U.S. standards in almost every category except for assault. In 1992, Granma, the official newspaper of the Cuban Communist Party, published rates of major crimes that were consistent with the data the author received. Although street crime is not a major concern in the day-to-day life of Cubans, an increasing reliance on tourism as an important source of foreign currency has spurred the growth of associated crimes, particularly those related to sex work. One of the successes of the Cuban revolution was the near elimination of the open, public prostitution that had circulated in and around the casino-oriented tourist community in the 1930–1960 era. Since the 1990s, as Cuba expanded its tourist industry through the construction of new beach hotels and other tourist

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amenities, sex tourism has reemerged in Cuba as one of the downsides of a tourist economy. By the beginning of the 21st century, Cuba had become a popular destination for European men, particularly Italians and Spaniards (but also some Americans willing to risk illegal travel to Cuba) seeking the companionship and sexual favors of young, healthy, relatively educated Cuban women. Rather than exchanging quick sex for a ﬁxed price, these women, known as jineteras, frequently accompany men for the duration of their stay as a way of gaining entrance into expensive clubs and shops, as well as receiving cash and other gifts. This semiunderground industry involves more than the women willing to serve as companions and “minor wives” to visiting foreigners with U.S. dollars. In some cases, taxi drivers direct potential customers to prostitutes or clubs where women are likely to be available. Other Cubans with rooms or apartments to rent make them routinely available to jineteras and their “boyfriends.” In an attempt to control this growth of sex tourism, and particularly an emergent organized criminal underground in the sex trades, the Cuban government instituted laws speciﬁcally targeting individuals whom the government deﬁned as “parasites” of the sex trade. Under Cuba’s penal code revision of 1999, anyone who induces someone into the commercial sex trade or who beneﬁts from this trade (e.g., pimp, madam, owner of a hotel or dwelling used for sex) can be sentenced to prison for a period from 4 to 10 years, depending on circumstances and prior record. In addition to crimes associated with sex tourism, the increase in foreign visitors has created the context for growth in several other crime categories. The tourist industry is a fertile ground for redirecting many of the material goods that tourism requires—good food, alcohol, color televisions, air conditioners, and so on—into domestic underground markets. Tourists are also lucrative targets for theft. Unlike Cuba’s earlier days, when tourists reported having Cubans return their lost purses or wallets with nothing removed, today tourist Web sites warn those going to Cuba to take basic precautions against theft, although they also typically indicate that tourists have little to fear in the way of interpersonal violence. Lastly, there is more

widespread availability of illegal drugs in Cuba’s youth underground than in the later decades of the 20th century, which appears to be associated with increased travel into Cuba.

Finding of Guilt Socialist Legality The concepts that inform Cuba’s legal system reﬂect the island’s history as a Spanish colony, a U.S. satellite, and a centrally planned socialist state. Cuba’s history as a Spanish colony left the island with deep civil law traditions similar to those found in Europe. After the 1959 revolutionary victory, the Cuban legal system continued to emphasize written codes rather than court-based precedent as the source of law. Although Cubans may win appeals in high-level courts, rulings of this type do not change existing law the way they can under common law systems. Signiﬁcant changes to Cuba’s legal system, as in most civil law states, come about through the formal revision of legal codes. In addition to residues from its prerevolutionary history, the Cuban legal system has been shaped by nearly 50 years of legal development guided by Marxist theory, as well as three decades of close relations with the former Soviet Union and its allies. These factors have produced a legal system that relies on concepts of “socialist legality.” One of the most striking features of Cuba’s system of socialist legality is that it is speciﬁcally designed to weigh substantive measures of justice along with juridical ones. This approach directs judicial actors such as judges and lawyers to ﬁnd legal outcomes that reﬂect the concrete reality of the harm done and the lives affected, rather than requiring judges to adhere to narrow legal deﬁnitions. In one case that this author researched, a man was accused of stealing two chickens from a processing plant, bringing one home for his wife to cook, and selling the other on the black market for 200 pesos. The three-person municipal court (two citizens and one trained jurist) found the man guilty and levied a ﬁne of 100 pesos. The judges explained that they assessed a ﬁne that was less than the amount of money the offender had earned by selling the

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Cuba

chicken because the accused was poor, so a 200peso ﬁne would amount to excessive punishment for the crime, particularly because the social harm resulting from stealing from a factory was less than if he had stolen from a private individual. A second important element of socialist legality as practiced in Cuba is the view that the law should be used as a deliberate tool for socialist development rather than merely a framework that individuals and institutions can use to protect or promote their own interests. In the 1980s, for instance, government policy governing the distribution of highly desired but scarce consumer items such as automobiles, motorcycles, air conditioners, and color televisions required that these items be ﬁrst allocated to workplaces based on the level of their overall productivity and then to workers in those places based on their performance as judged by a council of coworkers. The controlled distribution of desired goods led to a ﬂourishing underground market in these items, bringing together individuals in positions to divert these items to the underground economy and individuals with the money to purchase them but no institutional opportunities to do so. In accordance with Cuba’s concepts of socialist legality, involvement in the black market for high-ticket items was more than theft; it was a signiﬁcant undermining of the entire system of socialist distribution, and as a result, many of these offenses carried particularly long prison terms. The third aspect of Cuba’s socialist legality promotes the use of “social courts” rather than formal tribunals to resolve a variety of private disputes or conﬂicts that do not involve criminal matters. Thus, as will be discussed later in this entry, many disputes that would end up in formal courts in the United States are often handled within the arenas where the problem occurred, such as workplaces and neighborhoods. Fourth, Cuba’s socialist legality emphasizes direct citizen involvement in both the adjudication and the prevention of crime. Two of the most signiﬁcant examples of this involvement are the use of citizens as lay judges in municipal and civil courts and the requirement that citizens take part in citizen safety patrols (guardia) in their neighborhoods and workplaces.

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Rights of the Accused Persons accused of crimes in Cuba have the right to legal representation, a court trial, and consideration of release before trial. In the 1970s, as part of formalizing its system of socialist legality, Cuba established a national system of law collectives known as bufetes colectivos. The bufetes colectivos were designed to provide the full range of legal services at affordable prices determined by the government. Although state-provided attorneys remain the norm, in the post-Soviet era, some attorneys now work as private legal counselors who, though not appearing in court, can provide legal advice and guidance to citizens with legal troubles, including those facing criminal charges. According to Cuban procedural law, a person who has been arrested should not be detained longer than 24 hours unless the case has been submitted to a police investigator, who must then submit it to a judicial prosecutor (ﬁscal) within three working days. The ﬁscal then has three working days to dismiss the case, release the suspect pending trial, or submit to the court that will eventually hear the case a justiﬁcation for keeping the suspect in custody until trial. The court, in turn, has three days to approve detention or order release. In sum, according to Cuban law, a person accused of a criminal offense may be held for a total of 10 workings days prior to a formal decision to release or detain before trial, but not longer than that. Defendants who are released prior to trial may be released on their own recognizance, to the oversight of some social organization such as a workplace or a union, or they may be released on payment of bail.

Prosecution Cuba also utilizes an inquisitorial system of criminal procedure. Among other things, this means that prosecutors, on one side, and attorneys for the defense, on the other, are expected to determine the truth of the matter at hand regardless of whether doing so will help them win their respective cases. To further this ideal, the Cuban prosecutorial system is organized according to a civil service model rather than an electoral one, thus reducing the

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signiﬁcance of a prosecutor’s win-loss record as a factor in career advancement. During the author’s research in a Cuban law collective, he learned of several instances where prosecutors received disciplinary letters because they were winning nearly all of their cases, which the office of the attorney general (ﬁscal) interpreted as paying too much attention to winning rather than fact-ﬁnding.

Defense Intermingled with Cuba’s civil law traditions are elements of the Anglo-American adversarial system, including a version of habeas corpus and a greater separation of courts and prosecutors than was typical in many other socialist legal systems. Consequently, Cuban lawyers enjoy somewhat greater latitude in defending their clients than did attorneys in the former Soviet Union and its socialist allies. A key feature of this difference is that Cuban attorneys may submit evidence directly to courts without obtaining the prior approval of prosecutors. The result is that Cuban attorneys typically have achieved higher levels of acquittals for their clients in criminal cases than attorneys in other socialist countries. In a study of a large law collective in central Havana, this author found an overall acquittal rate of approximately 15 percent for all the criminal cases handled over a ﬁve-year period, considerably higher than the 1 percent acquittal rate typical of the former Soviet Union and East Germany.

Judicial Organization Each municipality and province in Cuba has a system of courts. Cuba’s municipal-level tribunals serve as courts of ﬁrst instance for lesser crimes and minor civil matters. Three-judge panels, composed of two lay judges and one trained jurist with a law degree, hear cases in these courts. Lay judges are ordinary citizens who are elected to serve in a judicial capacity for a limited period of time and who, after their election, complete a brief legal course to prepare them for their duties as a judge. Provincial courts handle felony-level crimes, divorces, and civil disputes, and appeals from municipal courts. These higher-level courts utilize ﬁve-judge panels

consisting of three trained judges and two lay jurists. Appeals from provincial courts are heard in one of the sections (salas) of the Supreme Court. The Cuban legal system also includes a system of military courts that adjudicate offenses committed by members of the country’s military while serving in government posts. In addition to this extensive system of formal courts to handle crimes and other problems, Cuba’s pursuit of socialist legality led to the promotion of nonjudicial forums for dispute resolution. Conﬂicts between neighbors, for instance, are often directed to block-level Committees for the Defense of the Revolution for settlement. Similarly, disputes between workers and between workers and supervisors are frequently referred to workers’ councils rather than municipal or provincial courts, just as disputes resulting from Cuba’s socialist system of housing allocation are typically handled by municipal housing authorities rather than municipal or provincial civil courts.

Legal Education By the 1980s, Cuba had a well-deﬁned system of socialist legal education, with law schools at the University of Havana and throughout the country’s university system. Unlike the United States, where legal education is a postgraduate course of study, in Cuba, like many civil law states, law is a ﬁveyear, postsecondary program. Upon graduation, law students are expected to perform a two-year social service internship, such as providing legal counsel for poor clients or working for some agency or ministry. As in many civil law states, the role of providing legal counsel to the public and that of being a judge are relatively distinct career paths. Lawyers wishing to provide direct service to the public will orient their training and social service in this direction, seeking positions in law collectives or other agencies. Those who seek a career path as jurists will work with and through the Ministry of Justice to obtain positions ﬁrst in municipal courts or other lower-level dispute-resolving bodies and later in provincial courts.

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Cuba

The economic crisis experienced by Cuba as a result of the disappearance of the socialist trading bloc and the escalation of the U.S. embargo had a serious impact on the career paths of many Cuban attorneys and jurists. As the country’s domestic economy became tied to the U.S. dollar, Cuban lawyers and even law professors increasingly left their positions for less skilled but more lucrative jobs in the tourist industry or other sectors of Cuba’s postSoviet economy, where they could earn at least a portion of their income in foreign currency. Some attorneys, frustrated with their increasingly downward mobility in a marketizing economy, immigrated to Europe or the United States, and interest in law as a career declined.

Punishment

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16. Similarly, although the crime of rape without any aggravating circumstances is punishable by a prison sentence between 4 and 10 years, if a rape involves serious injury to the victim or was committed against a person under the age of 14, execution is a possible sanction. Although Cuba’s code permits the use of execution for a number of offenses not involving homicide, this appears to be more symbolic than routine. Between 2000 and 2008, Cuba executed only three individuals, all associated with a hijacking that resulted in the death of a police officer. In April 2008, Cuba’s new president, Raul Castro, commuted the death sentences of all those on death row to life imprisonment.

Prison

Types of Punishments The Cuban penal code provides for the usual range of penal sanctions ranging from ﬁnes and probation to incarceration or execution. In 1988, Cuba underwent a major liberalization of its penal code that lowered many penalties and expanded opportunities for supervised work as part of probation. In 1999, largely in response to citizen dissatisfaction with penal policies that many citizens felt were “soft on crime,” Cuba again revised its penal code, this time increasing criminal penalties. The new code instituted life imprisonment as a possible sanction in place of the death penalty and simultaneously expanded the crimes that could be punished by death. Previously, the maximum prison sentence for any crime had been 30 years, and the death penalty had been largely reserved for crimes involving homicide or treason. Under the revised code, however, the death sentence can be applied for certain crimes involving particular aggravated circumstances. For instance, the base maximum penalty for trafﬁcking a large amount (cantidades relativamente grandes) of illegal drugs is 8 to 20 years’ imprisonment. The death penalty, however, can be applied in a drug trafficking case if the offense is committed by a government official using government property, or if it involves using youth under the age of

The Directorate of Jails and Prisons under the Cuban Ministry of the Interior operates a penal system of 550 detention and correctional facilities, consisting of local jails; two types of adult correctional institutions, prisons and granajas; and reform schools for juveniles less than 16 years old. Adult prisons are typically walled or fenced facilities. Granajas are open farms used primarily for those convicted of misdemeanors or lesser felonies. Juvenile offenders are housed in school-like facilities that emphasize education. With the exception of several large, older prisons, the majority of penal institutions in Cuba are relatively small, typically housing 100 offenders or fewer. Cuba’s rate of imprisonment fell in the late 1980s and early 1990s as a result of penal liberalization. In the latter part of the 1990s, these numbers began to rise as the country experienced both an increase in crime and the institution of harsher penalties. In 1990, Cuba’s rate of imprisonment was estimated at around 190 persons per 100,000. By 2006, this ﬁgure had risen to 457 per 100,000, the seventh highest in the world, although nearly 40 percent lower than the U.S. prison rate of 738 per 100,000 that same year. Reports of prison conditions in Cuba’s prisons vary widely. Available research, however, suggests that overall conditions in Cuba’s prisons are similar

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to those in many developing countries, with food, sanitation, and health care falling below prison practices in more affluent nations. The Cuban prisons that this author visited in the late 1980s and mid-1990s were closer to the living standards of ordinary working-class Cubans than, for instance, U.S. prisons were to ordinary working-class living standards in the United States. This, however, does not make them pleasant places. Prisoners have reported losing considerable weight while incarcerated because of limited diets, and many have complained of illnesses resulting from unsanitary or unhealthy living conditions, such as exposure to extremes of heat and cold. Various human rights organizations have reported that prisoners incarcerated for antigovernment activities experience harsher treatment and greater deprivations of liberties than ordinary offenders, particularly in terms of contact with the outside world. One of the reasons for this is that political prisons are sometimes held in special units overseen not by regular prison guards, but by members of the State Security section of the Ministry of the Interior. Healthy prisoners are expected to work in prison industries or farms that supply products for state agencies. These workers are typically paid the same rate as ordinary laborers. If a prisoner is married or has children, a portion of his or her salary will be provided for the maintenance of dependents. In recent years, as the purchasing power of the peso has declined substantially, the ability of wages and remittances to improve the lives of prisoners and their families has similarly declined. According to Cuban penal policy, both male and female prisoners are permitted conjugal visits from a spouse or long-term paramour once every two months, although this frequency can be increased for good behavior. Raymond Michalowski Further Reading Brenner, Phillip, Marguerite Rose Jimenez, John M. Kirk, and William M. Leo Grande, eds. (2007).

A Contemporary Cuba Reader: Reinventing the Revolution. New York: Rowman & Littleﬁeld. Evenson, Debra. (1994). Revolution in the Balance: Law and Society in Contemporary Cuba. Boulder, CO: Westview Press. Michalowski, Raymond. (1995). “Between Citizens and the Socialist State: The Negotiation of Legal Practice in Socialist Cuba.” Law and Society Review 29(1): 65–101. Zatz, Marjorie. (1994). Producing Legality: Law and Socialism in Cuba. New York: Routledge.

Dominica Legal System: Common Murder: Medium Corruption: Low Prison Rate: High Death Penalty: Yes Corporal Punishment: Yes

Background Dominica is often misunderstood to mean the Dominican Republic, a Spanish-speaking island that borders Haiti, between the islands of Cuba and Puerto Rico. Dominica, to the contrary, is an English-speaking island located 30 miles south of Guadeloupe and 30 miles north of Martinique, in the northern end of the Windward island chain of the Lesser Antilles, in the Caribbean. Dominica is 290 square miles, and its 71,242 residents (2001), who are mostly (95%) from the Africa diaspora, speak English and Creole as their ﬁrst and second languages, respectively. Carib Indians, the indigenous people, make up about 4 percent of the population, and 1 percent are from other racial backgrounds. Dominica is often referred to as the “Nature Island of the Caribbean” because of its natural beauty and lush greenery. Approximately 60 percent of the land is under forest, and it is one of the most mountainous countries in the world, second

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Dominica

only to Switzerland. In 1492, Christopher Columbus sailed into the Caribbean while searching for Asia. In 1493, he became the ﬁrst known European to land at Dominica. Throughout its post-European “discovery,” Dominica shifted as a possession of the French and British, depending on which nation’s fortunes were on the wane. In 1748, there was an agreement between the English and the French to leave the island to the Caribs. The 1763 Treaty of Paris assigned Dominica to Britain, but the treaty was broken when the French made two subsequent failed attempts to recapture Dominica in 1795 and 1805. Thereafter, until 1967, the island remained a British colony and, later, a self-governing associated state. November 3, 1978, marked the nation’s full independence from Britain. Dominica is now officially known as the Commonwealth of Dominica, although it maintains republic status within the British Commonwealth. Over 20 years of census counts (1981–2001), the population of Dominica declined by 3.5 percent (73,795 in 1981 to 71,242 in 2001). Much of the population decline has been attributed to emigration. Fifty percent of Dominica households have at least one family member residing overseas, and over 30 percent of households as of 2009 have had members migrate over the previous 10 years. Forty percent of Dominica migrants relocate to other Caribbean islands; 40 percent to North America; and most of the remainder to Britain. This high emigration has mainly been in reaction to the failing agriculture sector and lack of signiﬁcant growth in other sectors, such as the tourism and offshore banking that have resulted in population stabilization and increase in other islands. Because most emigrants are adults in their prime working age (20–34), this contributed to the 40 percent decrease in the number of live birth rates in Dominica over the decade prior to 2009. The male and female populations are almost evenly distributed, with 49.8 percent male and 50.2 percent female. According to Halcrow Group Limited, 46 percent of the Dominica population in 2002 was under the age of 25, of which 62 percent had not reached the age of 15.

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Crime Classification of Crimes and Crime Statistics At the time of this chapter’s writing, credible Dominica crime statistics were not available for years prior to 1983. Interviews with reliable police sources have indicated that the turmoil that characterized everyday life in Dominica soon after independence in 1978, after Hurricane David in 1979, and during coup attempts prior to 1983 had profound effects on the reporting and recording of crimes that occurred in the nation. Therefore, official crime data prior to 1983 are not discussed here. Crime statistics referenced in this entry were obtained from the Dominica Statistical Division and from official police sources. Crimes in Dominica are recorded under two broad categories: indictable (more serious) and summary (less serious) matters. Indictable crimes include abduction, abortion, arson, assault, buggery, burglary, drug importation and trafficking, forgery, grievous bodily harm, incest, indecent assault, infanticide, kidnapping, murder, rape, robbery, and theft. Summary crimes include assault, battery, child abuse, disorderly conduct, malicious damage, possession of drugs, traffic offenses, vagrancy, and wounding. Between 1983 and 2007, indictable (serious) crimes reported to the police increased by 129 percent (600 in 1983 and 1,371 in 2007). Because the population in Dominica dropped from about 73,273 in 1983 to an estimated 71,278 in 2007, these crime ﬁgures translate to 8 indictable crimes reported for every 1,000 residents in 1983, and 19 per 1,000 residents in 2007. This is a 138 percent increase in the nation’s indictable crime rate over those two decades. It is important to note that although indictable crimes trended downward in 2007 compared to 2002, there was a slight 4 percent increase from 2004 to 2005. Burglaries mostly determined the trends in total indictable crimes over the two decades examined. This is because burglaries have accounted for such a large proportion of total indictable crimes on the island, and other crimes account for such small proportions. Over the 25 years between 1983 and 2007, burglary accounted for 93 percent of all crimes in

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1983 and was at its lowest rate in the years 1992 and 2005, when burglaries accounted for 71 percent of all indictable crimes. Robberies account for the next largest proportion of indictable crimes reported in the nation. Although no robberies were reported in 1983, 104 were reported in 2005, accounting for 7 percent of indictable crimes reported for that year. This is the greatest proportion of total indictable crimes that robbery accounted for over the two decades. Grievous bodily harm, vehicle theft, deception, major theft, and sex crimes (indecent assaults, rape, and unlawful sexual intercourse) account for most of the other indictable crimes, and some have increased in proportions over the last decade. Each of these categories of crime accounted for between 1.5 and 5.5 percent of indictable crimes in any given year over the two decades.

Crime and the Dominican Economy Over the two examined decades in Dominica, a 1 percent increase in total gross domestic product (GDP) rates per capita in a given year was related to a 2.2 percent increase in total indictable crimes and a 2.6 percent increase in burglaries two years later. This means that the signiﬁcant relationship between crime and GDP indicators exist on a twoyear lag. Economic factors require sufficient time to take effect. Among the 13 major GDP sectors, two sectors— (1) construction and (2) banking and insurance—are most responsive to signiﬁcant changes in crime rates. Those sectors also have a positive relationship with crimes. For instance, every 1 percent increase in the construction sector has been signiﬁcantly matched with a 0.6 percent increase in total crimes and a 0.6 percent increase in burglaries two years later. A 1 percent increase in the banking and insurance sector has been signiﬁcantly matched with a 1.5 per cent increase in total crime growth rates and a 1.3 percent increase in burglaries two years later. The term “more money more crime” does not mean less money will lead to less crime. Economic growth, especially employment creation, is important and encouraged for a variety of obvious

reasons. However, based on these ﬁndings, one researcher argued that policy makers should not rely primarily on economic developments to reduce crime problems in Dominica. Instead, considering the trends from the previous two decades in Dominica, economic developments should be expected to accompany increased crime rates. This becomes possible because economic growth often disproportionately beneﬁts some persons and not others, and relative deprivation and inequality increase in the process. Many of the problems that lead to criminal involvement in the ﬁrst place are often ignored in the process of economic growth. As societies advance economically, additional criminal opportunities arise, and new forms of victimization also emerge. Therefore, mechanisms for crime reduction must be important components of economic developmental plans; otherwise, crimes will almost inevitably be fueled by economic growth. Thus, concurrent with efforts aimed at increasing economic developments, which should include gainful employment, serious commitments must be made to independently address factors that will have direct impacts on reducing crime in the nation. These factors may include promoting moral development, reducing drug and alcohol addictions, reducing relative deprivation, reducing inequalities, increasing solidarities with the state, and considerably improving police, prison, courts, and other criminal justice services so that punishments can be swift, certain, and severe enough to ﬁt the crimes committed, but also rehabilitative.

Finding of Guilt Because Dominica is a democratic nation, the doctrine of proof beyond a reasonable doubt is used in the courts to determine guilt and innocence. Dominica maintains an adversarial system where a prosecutor tries criminal cases on the behalf of the state. In Dominica, the due process for the accused is similar to that of most democracies. When a person is suspected for having committed a crime, a complaint is made by the victim to the police, who then conduct investigations. The

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Dominica

accused can be represented by her or his private attorney or have one provided by the court when such cannot be afforded by the accused. Dominica has a legal aid system that is maintained by the bar association. Certain lawyers are available to provide representation for indigent persons accused of crimes. Indictable matters are typically heard in the High Court and summary matters in the Magistrate Court. It is not mandatory for magistrates to be attorneys. Adult defendants have the right to trial by jury, which follows the process of jury selection similar to that of other democratic nations. A person can be charged for a crime from the age of 12, but the legal age for trial as an adult is 18. Juvenile cases are heard before a magistrate in the same courtroom spaces as adult cases are heard. However, juvenile cases are heard in a different environment, with the magistrates and police dressed in civilian clothing and the public excused.

Punishment Punishment for crime is determined by a conﬂuence of factors that include prior offending, severity of the offense, admission of guilt, age of the offender, and plea bargaining. Punishments for indictable and summary offenses are categorized in a way similar to felonies and misdemeanors, respectively, in other countries. Summary offenses typically carry less than one year in prison, and indictable offenses are punishable for one year or more of incarceration. Aside from imprisonment, community service and probation are other forms of sanctions administered by the social welfare department and probation office accordingly. Both adults and youth can receive community service or probation based on the nature of the offenses committed.

Prison On September 16, 2003, the ﬁrst ever national crime symposium was held in Dominica under the theme “Working in Partnership for Crime Prevention and Control.” The prison superintendent at that time,

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Algernon Charter, indicated that there were 266 inmates (263 men and 3 women) incarcerated in the prison. He added that the mission of the prison service was to ensure public safety and to humanely look after prisoners and help them become useful members of society after release. The superintendent also discussed the three main challenges faced by this institution: drug offenses and drug-related offenses, sexual offenses, and theft/ burglary. A vast majority of the inmates are incarcerated either for drugs (mainly crack/cocaine and marijuana) or for other drug-related offenses such as theft, grievous bodily harm, and battery. As a result of tough economic conditions in Dominica, these individuals participate in the drug trade to obtain lucrative ﬁnancial gains. It is often difficult to convince some of these individuals that other options are available to them. The trafficking of drugs into prison is another problem because while inmates serve time, they develop friendships with each other, and upon release from prison, some have returned to the area to toss drugs over the fence to their friends. Friends and family members of inmates also transport drugs to them concealed in fruits and other items. Incarceration for sexual offenses—that is, rape, indecent assault, carnal knowledge, and buggery (male homosexual intercourse)—has also increased considerably. Sex offenders generally do not perceive themselves as criminals and are often the best behaved and most industrious of that population. Most inmates serving time for economic street crimes such as theft, burglary, and robbery are from the lower socioeconomic strata of society. Their economic conditions and drug habits, developed over time, often result in their involvement in such crimes as a way of supporting their lifestyles.

Rehabilitation in Prison In 2003, the prison superintendent stressed that to manage the prison population and achieve the mandates of its mission, the following creative programs were established, with an explicit emphasis on rehabilitation: auto-body repair and spray painting, auto-mechanics, arch welding, pottery, agriculture (farming and animal husbandry), leather craft,

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tailoring, embroidery, carpentry/joinery, construction, and music. Not all inmates are eligible for these rehabilitative liberties because some are considered too high a risk for escape. Inmates are categorized into four areas: Category A inmates (such as certain deportees and most wanted criminals) must not be allowed to escape from prison because of their high proﬁle as notorious criminals. Their escape would cause severe embarrassment to the state, which would be perceived as incapable of managing any inmates of their proﬁle. Category B inmates are those who would escape from custody at all costs. Category C inmates must work under direct supervision because they will be easily inﬂuenced by their peers. Category D inmates work on their own with scant supervision. Most of the inmates who are engaged in labor are Category C and D inmates. Contemporary efforts at rehabilitating Dominica prison inmates are not limited to labor and occupation but also include spirituality, adult education, entertainment, and maintaining family ties. In 2003, four of the six students who took the Junior Secondary Program Examinations passed, and attempts are being made to have inmates sit for the Caribbean Examinations Council (CXC), an exam that students complete at the end of high school to increase their chances for employment or for acceptance into college programs in academic or technical ﬁelds. Every year, inmates participate in a Calypso competition where they sing songs as well as play instruments. Inmates are encouraged to continue strong bonds with their close relatives and friends and are sometimes allowed to visit such persons when they are severely ill. Inmates who are released from prison (albeit very few) have also received assistance from prison staff to network with willing and prospective employers. Prison officials have also assisted inmates to receive donations of tools from local agencies so that they can apply the newly acquired skills once released from incarceration.

Prison Overcrowding The problem of prison overcrowding is widespread internationally, and Dominica is no exception.

Although the Dominica state prison is designed to accommodate about 200 inmates, there are times when about 275 inmates are housed in the institution. Although the main security block should house no more than 12 inmates, about 18 are held there at any given time. All inmates in the block are from Category A. Charter stressed that this issue was of great concern to the staff. After Hurricane David in 1979, the prison management acquired a building known as the Old St. Luke’s Hospital and refurbished it for the purpose of inmate rehabilitation. However, although that facility was designed to accommodate 44 inmates, it typically housed about 59 inmates. These aspects of prison overcrowding have considerable physical, ﬁnancial, and human resource implications for the institution. In a 2003 interview, journalist Felix Henderson spoke with then Dominica Attorney General Henry Dyer, who explained that the Dominica government is concerned about prison overcrowding. He said part of the problem was that Dominica has no rehabilitation center for juveniles, who are instead housed in the state prison with adult offenders. Dyer said that his office was deliberating how they could expand the prison to accommodate more inmates and that they treat this need as a priority although the nation was is ﬁnancial difficulties. The plan, Dyer said, is to rely more on community service.

Financial and Medical Conditions The ﬁnancial and medical conditions of the Dominica State Prison raise several questions about the nation’s commitment to rehabilitating offenders. Ethnographic research conducted at the prison in 2003 and 2004 indicated that staff members engaged in creative methods of fund-raising and were frequently pleading with the national government for ﬁnancial and medical assistance, often resulting in little support if any response at all. These pleas to deaf ears threaten the efficiency and security of the prison. Charter explained that in the 2002– 2003 ﬁscal year, $92,000 was subtracted from the prison budget. In addition to this, the maintenance

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Dominican Republic

and personnel emoluments of staff were reduced, making prison management more difficult. In the 2003–2004 ﬁnancial year, no budgetary allocations were changed, but provisions were made for 275 inmates. The prison also lacks a medical officer attached to the facility and a medical unit within it. The Dominica State Prison does not have an inﬁrmary where inmates can be quarantined in the event of an outbreak of a communicable disease. The prison administration is concerned about the potential ramiﬁcations for prison officers and their families. The inmates who are frustrated and complain about the dehumanizing conditions at the prison often place a strain on the human resources of the prison because they constantly threaten to hold the staff at hostage and make good on their plans to escape. Although the colonial emphasis on hard labor is still prominent at the Dominica State Prison, efforts are being made to improve some inmates’ education and skills while incarcerated and to prepare them for employment upon release. The emphasis on spiritual development and continued family uniﬁcation is promising. However, counseling services are not systematic, juveniles are housed with adults, space is limited, and medical attention is lacking. These limitations are further complicated by the historical lack of adequate response and support from the national government, often because of its focus on other priorities, and limited ﬁnancial conditions. Considering the reviewed historical and legal foundations of the Dominica prison system, and the contemporary conditions as explained by the superintendent’s address in 2003, the stage is set to analyze conditions of recidivism at that institution and in the Dominica society in general. Peter K. B. St. Jean and L. Daisy Henderson Further Reading Andre, Irving W., and Gabriel J. Christian. (1992). In Search of Eden: The Travails of a Caribbean Mini State. Toronto: Pond Casse Press.

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Halcrow Group Limited. (2003). “Commonwealth Development Bank Government of the Commonwealth of Dominica Country Poverty Assessment Final Report. Volume 2 of 2: Appendices.” London: Halcrow Group Limited. Honychurch, Lennox. (1995). The Dominica Story: A History of the Island. London: Macmillan Education Ltd. St. Jean, Peter K. B. (2007). “Explaining Strained Community-Police Relations in a Racially and Ethnically Homogenous Community: Grand Bay Dominica.” Journal of Ethnicity in Criminal Justice 5:1–27. St. Jean, Peter K. B. (2006). Lessons from Grand Bay: Prospects for Maintaining Low Crime in Dominica, Nature Island of the Caribbean. Brampton, ON: Pond Casse Press.

Dominican Republic Legal System: Civil/Common Murder: High Corruption: Medium Human Trafficking: Medium Prison Rate: Medium Death Penalty: No Corporal Punishment: Yes

Background The Dominican Republic is a unitary state composed of 34 provinces and 1 national district. Its total area is 48,730 square kilometers. According to official estimates, its population reached 9,249,970 inhabitants in 2005 and was expected to grow by 8.8 percent over the following ﬁve years. Two-thirds of the population live in urban areas, and twothirds of the population are aged 34 or younger. Nearly half the population is below the poverty line. Dominican Republic is ranked 94th in the world human development ranking and is seventh among Latin American countries. The political organization of the country is based on the Constitution of the republic, last amended in

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Hundreds of people holding banners that read “stop the violence” at a rally against crime and violence in Santo Domingo, Dominican Republic, July 26, 2006. The Dominican government deployed some 6,000 soldiers and police across the country to crack down on crimes ranging from drunk driving to gun violence. (AP Photo/Ramon Espinosa)

1994. The government is democratically elected and has three independent powers: the executive branch, the legislative branch, and the judicial branch. The Constitution has always recognized basic civil rights and political freedoms, but these liberties have often been violated by political strongmen. Although the supreme law acknowledges private property rights, to this day, the Dominican government still retains the discretionary authority to expropriate private land. The country occupies the eastern two-thirds of the island of Hispaniola and shares this territory with the neighboring nation of Haiti. Quisqueya, as the island was originally called by the Taino Indians, was explored by Christopher Columbus in 1492 on his ﬁrst voyage to the Americas. Although Hispaniola was claimed by Spain, the French began to settle in the western part of the island in the 16th century, and Spain ceded the western third of

the island to France in 1697. In 1795, Spain ceded Santo Domingo to France, giving France control of the entire island. Following the French Declaration of Human Rights in 1789 during French and Haitian rule, the French Napoleonic codes were adopted as the official legal framework of the island, and the French judicial system was adopted. In 1844, after several attacks on the Haitian armies, an underground group called La Trinitari succeeded in securing independence for the eastern half of the island. The newly independent nation was named La República Dominicana (The Dominican Republic), and in 1855, the French penal code was formally adopted by the new nation. After continuous periods of political strife, the United States occupied the Dominican Republic for a period of eight years starting in 1916, during which time the Dominican law and judicial system were kept intact. The Dominican criminal justice system

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Dominican Republic

at this time operated under a continental or inquisitorial model. General Rafael Leónidas Trujillo established a military government that lasted from 1930 to 1961. This was a period of progress for the Dominican Republic, with advances in education, welfare, and reduction of the national debt. However, Trujillo ruled with extreme violence to eliminate his opponents and was responsible for the murder of 17,000 to 35,000 Haitians in the Parsley Massacre, which was carried out in 1937 to sanitize the borderlands of Haitian inhabitants. During his reign, basic rights guaranteed by criminal procedure codes were systematically ignored. After Trujillo’s assassination in 1961, the Dominican Republic began a lengthy journey toward democratic consolidation with a brief interruption by a civil war and another U.S. intervention in 1965. During its turbulent political history, the Dominican Republic provided few basic rights to its citizens when it came to the practice of criminal justice. In 1966, however, the revised Constitution granted basic rights to its citizens, including the right to due process, the right to a public trial, the right to be advised of all charges, and the right against selfincrimination.

Crime Unlike the Unites States, where classiﬁcation and punishment for crime can vary from state to state, the Dominican Republic’s penal codes apply to the entire nation in a uniform manner. Dominican penal law divides infractions of the law into contravenciones, delitos, and crimenes. Contravenciones are minor violations of the law and the least serious of the three. Delitos involve more serious infractions of the law but are not as serious as crimenes, which are punishable by the highest penalties. Delitos are in a sense much like a misdemeanor, and crimenes are similar to a felony. The penal codes classify crimes as they fall into the following distinct categories: crimes against national security, crimes against the Constitution, crimes against public peace, crimes against persons, and crimes against property.

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Crimes against National Security Crimes against national security are grouped into crimes that constitute an external threat and crimes that constitute an internal threat. External threats are deﬁned by the Dominican penal codes as any act that threatens the safety of the republic, whether by taking arms against the nation or by plotting with foreign bodies, whether entire governments or individuals, to bring war on the Dominican government. Acts that constitute an internal threat are those that seek to bring instability or war from within the Dominican Republic without the aid of a foreign body. Crimes under this category include attempts on the president’s life and taking up arms with the purpose of causing revolt or civil war.

Crimes against the Constitution Crimes against the Constitution include those that by use of violence or threats hinder the practice of rights guaranteed to citizens or threaten any of the laws established by the Constitution. This category covers acts like falsifying electoral ballots, electoral fraud, misuse of authority by public officials, some types of political corruption, and impeding the exercise of free speech, religion, and other basic rights.

Crimes against Public Order The Dominican penal code enumerates crimes that can lead to public disorder. Crimes of falsiﬁcation include counterfeiting of money, knowingly using false money, and falsiﬁcation of official state seals, public credit documents and bank bills, passports and private documents. This section of the penal codes also makes criminal the use of power by public officials in a manner that injures the public such as receiving and acting on bribes to the beneﬁt of only a few. Crimes against public order include acts of resistance and disobedience committed against public authority, acts of rebellion, and damages to public monuments. Finally, the penal code enumerates minor infractions under this category that include vagrancy and panhandling in public spaces.

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Crimes against Persons HOMICIDE AND MURDER Dominican penal codes deﬁne homicide as a voluntary act of ending another person’s life, and murder is deﬁned as a premeditated act of murder. Premeditation is deﬁned as the formation of a plan prior to the act of murder to commit that act and can include surveillance of the victim for some time in one or more places. Acts that fall under the category of murder and homicide include parricide and infanticide and any act of poisoning with the purpose of causing death.

INJURIES THAT DO NOT LEAD TO DEATH Injuries or blows to a person that do not result in the death of that person are deﬁned under a separate category. Injuries considered under this category include mutilation, amputation, loss of use of any body part, loss of sight or an eye, and any injuries causing illness or incapacitation from work. These crimes all fall under the category of crimenes, but are prosecuted to a lesser degree than are those crimes that purposefully lead to murder.

persons with physical or mental handicaps or children and adolescents. Intimate partner rape is also prosecuted by law. Incest is punishable by the law and includes any sexual act that an adult engages in with a child or adolescent to whom they are related by natural or adoptive parentage. Minor sexual crimes include sexual harassment by persons in positions of authority and exhibition of genitals in public places.

PROPERTY CRIMES Robbery is the focus of the property crimes section of the Dominican penal codes. Robbery is deﬁned as any fraudulent means of obtaining that which does not belong to a person. Robbery is sentenced according to the circumstances surrounding the robbery. The highest penalties for robbery are given when a robbery is committed at night; when a robbery is committed by two or more persons; when the perpetrators of robbery carry weapons, whether they are visible or concealed; and when property is damaged by instruments used as part of the robbery.

DRUG OFFENSES INVOLUNTARY MURDER, INJURIES, AND EXCUSABLE CRIMES Involuntary murder, according to penal codes, occurs when a person’s imprudence, carelessness, or negligence causes the death of another. These crimes are subject to more lenient sanctions than murder, which purposefully seeks to cause death. When violence is threatened and homicide is committed in answer to that violence, the act of ending the person’s life is excused by the law. Homicide is also permissible in defense of one’s home, in defense of self, or in defense of another.

Drug offenses are considered serious crimes in the Dominican Republic and are punished harshly. Possession of any amount of a controlled drug or substance is a punishable offense, with incarceration being the normal sanction. Because of the Dominican Republic’s Caribbean location, the government has strictly enforced drug laws, originally passed in 1988, to protect the country from becoming an international gateway for drugs originating in South America and being transported to North America and Europe. Illicit drugs and controlled substances are classiﬁed under ﬁve distinct categories according to their potential for addiction.

SEXUAL CRIMES Rape is deﬁned by penal law as any act of sexual penetration that is committed using violence, constraint, threat, or surprise. Rape is punished severely, and sanctions increase when rape against a person of diminished capacity occurs, including

Drug Crime Sanctions Illicit importation or exportation of controlled substances to and from the Dominican Republic can be punished by 5 to 20 years in prison and a ﬁne of no less than 250,000 DOP (Dominican pesos, approx.

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Dominican Republic

US$6,775). If the ﬁnal destination of the controlled substances trafficked is the Dominican Republic, punishment increases to 30 years in prison and no less than 1,000,000 DOP. When two or more persons assemble with the purpose of importing or exporting controlled substances, they can face 3–10 years in prison and a ﬁne of 10,000 to 50,000 DOP. The use of an establishment for the sale or use of controlled substances carries a penalty of 3–10 years, a 10,000 to 50,000 DOP ﬁne, and the closing of the establishment for three years. The three categories of offenses are possession, distribution and sales, and trafficking. Marijuana possession is deﬁned as the possession of 20 grams or less. Distribution and sales is deﬁned as possession of more than 20 grams but less than 1 pound of marijuana. Trafficking is deﬁned as possession of 1 pound or more of marijuana. Cocaine possession is deﬁned by the possession of 1 gram or less of cocaine. Distribution and sale is deﬁned by the possession of more than 1 gram but less than 5 grams of cocaine. Trafficking is deﬁned as possession of more than 5 grams of cocaine. Ecstasy is not mentioned in the penal codes but is currently placed in the same category as cocaine. If any persons are caught with LSD or any other hallucinogen, regardless of the quantity found on the person, they will be prosecuted as traffickers. The penalty for possession is 6 months to 2 years in prison and a ﬁne of 1,500 to 2,500 DOP. For the crime of distribution and sale, the penalty can range from 3 to 10 years in prison and a ﬁne of 10,000 to 50,000 DOP. Trafficking brings the heaviest penalties with a prison sentence that can range from 5 to 20 years and a ﬁne of 50,000 DOP or more.

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807 cases were reported, an increase of 21.5 percent from 2007. The highest number of homicides occurred in Santo Domingo, which reported 525 cases, followed by Distrito Nacional, with 215 cases reported. This demonstrates that violent crimes are concentrated in the two most densely populated jurisdictions. The lowest number of homicide cases was reported by Santiago Rodriguez, with only 2 cases on record by September 2008. Statistics also were made available regarding the circumstances surrounding homicides. Homicides committed as a result of other crimes including drug-related homicides, kidnapping, homicide that occurred in the course of a motor vehicle theft, homicide as a result of an attempted robbery, and homicide as a result of robbery totaled 602 cases, or 33.3 percent of the total for the period between January and September 2008. Accidental homicide, homicide due to legal action, homicide due to stray bullets, homicide as a result of domestic violence, personal and familial disputes that end in homicide, and unknown reasons for homicide totaled 1,205 cases, or 66 percent of the total. Men were victims in 1,650 (91.3 percent) of all homicide cases as compared to 157 cases (8.7 percent) involving women victims. For property crimes during the period January 2008 to July 2008, 37 cases of fraud, 849 cases of aggravated robbery, 316 cases of simple robbery, 2 cases of car theft, and 40 cases of arson were reported. For sexual crimes, 121 cases of sexual aggression, 5 cases of attempted rape, 73 cases of rape, 14 cases of sexual harassment, 4 cases of incest, and 1 case of exhibition of genitals were reported.

Finding of Guilt Investigation

Crime Statistics Crime statistics are made available by the procuraduria ﬁscal del distrito nacional (attorney general). The most recent statistics made available covered the period starting in January 2008 and ending in September 2008. Crimes that are reported are recorded by the national police and by the National Institute of Forensic Science. For the crime of homicide and violent deaths in 2008, up to September 1,

The duty to conduct an initial investigation of all criminal acts falls on the national police of the Dominican Republic. The national police force was established in 1936 as a centralized force under the executive branch. Prior to 1936, various police forces existed, operating in individual towns. Following centralization, all local police forces were disbanded. In 1999, the National Police Center for Criminal Investigation was established with

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the purpose of investigating any criminal act committed under its jurisdiction. The center divides the task of investigating crimes into eight departments: the Homicide Department, the Department of Monetary Crimes, the Department of the Investigation of Crimes Involving High Technology, the Department of Search and Capture of Fugitives, the Department of Stolen Vehicle Recovery, and the Department for the Registration and Control of Deportees. Currently, the Center for Criminal Investigation is directed by General Rafael O. Bencosme Candelier. In 2002, the Deportee Unit was established because of the large inﬂux of deportees to the Dominican Republic. The 2002 criminal procedural code modiﬁed the criminal procedure by establishing an adversarial system, replacing the old inquisitorial framework that was previously in place. The new procedural code distinguishes the process of investigation from that of the trial, with the ﬁrst coming under the jurisdiction of the prosecutor and the second under that of the judge, who is responsible for safeguarding basic rights and ensuring the legality of the investigative actions of the prosecutor. The criminal investigation begins with the preparatory stage, where the Public Prosecutor’s Ofﬁce and the victim consider charges and prepare the case. The prosecutor gathers all available evidence and assesses whether there are grounds for a trial. Then comes the preliminary hearing, in which both the substance and the legality of the prosecutorial investigation are examined by the investigative judge, who can allow and push the charges, order a summary procedure or a stay of proceedings, issue a restraining order, or approve the settlement agreed to by the parties. The judge may also dismiss the charges if he or she ﬁnds that there is insufficient evidence to incriminate the defendant or if the defendant cannot be held criminally responsible. The trial is oral and public. The trial courts are presided over by a single judge if the crime involves punishment of up to two years in prison or a panel of three judges when the sanction requires more than two years of imprisonment. In cases involving criminal charges that carry a sentence of more than 10 years’ imprisonment, separate hearings for

determining guilt or innocence and for sentencing are held. The defense can always appeal the disposition of the trial. The enforcement of judgment takes place when the judge issues a ﬁnal ruling. In this case, the sentence enforcement judge supervises the implementation of the terms of the sentence and guarantees the rights of those convicted. This judge also inspects prisons, ensures compliance with conditions for dismissal, requests sentence reviews, and hears matters related to the parole of those convicted.

Rights of the Accused Both the Constitution of the Dominican Republic and the criminal procedure codes afford several basic rights to citizens charged with a crime. Beginning with the presumption of innocence, every person charged in the Dominican Republic is presumed innocent and is treated as such until it is proved otherwise. It is the prosecutor’s job to refute the innocence of the accused. The accused has the right to be informed of all the charges against him or her and has the right to examine all the evidence that as been gathered for prosecution. The person who is charged with a crime has the right to know the identity of the arresting authority and must be treated humanely during arrest and detention. Excessive use of force or violence against the accused is against any law of the Dominican Republic. Any person accused of a crime must be assisted by legal counsel from the very beginning of the judicial process. Any statement made by the accused will not be considered legal as evidence unless the accused has made the statement in the presence of his or her defense attorney. The accused has the right to choose his or her defense attorney, and if the accused person cannot afford a defense attorney, the state has the obligation of providing one. The accused person also has the right to meet with his or attorney under strict privacy. The right against self-incrimination is also guaranteed to the person accused of a crime. The person has the right to remain silent throughout the judicial process, and his or her silence cannot be taken as an incriminating element. The accused person is

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Dominican Republic

also guaranteed the right to a public trial to be held within a reasonable time frame. Persons being accused of any crime cannot be exposed to the media in a manner that can damage their reputation or expose them to danger. Every person accused of a crime who enters the criminal justice system is guaranteed equality under the law. This means that judges cannot take into account any extralegal factors when deciding on the guilt or innocence of the accused person. Particular circumstances of the criminal act can be taken into account such as aggravating and mitigating circumstances, but race, religion, sexual orientation, gender, political ideas, and economic or social conditions cannot be considered in judging guilt or innocence.

The Dominican Court System The Dominican Republic’s court system is modeled after the French system, as were the criminal penal codes. Because the country follows civil law, rather than common law, judges preside over trials and decide on the guilt of the accused. The court system is arranged in a hierarchical manner with the Supreme Court being the highest court in the land.

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according to the type of case being heard. For example, all criminal cases passing through this level of courts would be reviewed in one chamber, and all civil cases would be reviewed in another. At this level of the judicial branch, you can also ﬁnd jueces de la instruccion (judges of instruction). These judges are responsible for overseeing preparatory procedures and hearing preliminary audiences with the accused prior to trial. Jueces de ejecucion penal (judges of penal execution) have the duty of setting appropriate sentences for every decided case.

THE COURT OF APPEALS The Court of Appeals is responsible for hearing cases that have already been heard by the courts of ﬁrst instance. This court is composed of a panel of ﬁve judges who are responsible for deciding whether to affirm or refuse the original verdict set by the court of ﬁrst instance. The decision rendered by this court can still be appealed in the highest court of the Dominican Republic. The Court of Appeals can also hear cases regarding the recusal of judges from lower courts.

THE PEACE COURTS

THE SUPREME COURT OF JUSTICE

The peace courts of the Dominican Republic are at the ﬁrst level of the judicial branch. Each province in the Dominican Republic is equipped with a peace court. There are 31 provinces and therefore 31 peace courts. These courts are designed to hear civil cases, cases involving contravenciones (minor violations), and traffic infractions involving motor vehicles. The judges presiding over these courts are jueces de paz (judges of the peace) and have the duty of hearing the case and delivering a verdict.

The Supreme Court is the ﬁnal court of appeal in the criminal justice system and is also the highest court in the country. The Supreme Court is responsible for hearing cases and deciding whether to affirm or contest the verdict rendered by the lower courts, but unlike the Court of Appeals, the Supreme Court hears only cases in which interpretation of the law is necessary. The Supreme Court also presides over procedures of extradition and recusals of judges of the Court of Appeals. The constitutional reform of 1994 eliminated congressional appointment of judges and created the National Magistrates Council, which is invested with the power to designate judges of the Supreme Court, who in turn appoint the rest of the judicial staff. Administratively, the Supreme Court is entrusted with the responsibility of organizing and overseeing the functioning of all the courts. This has been a daunting task given the ever-growing

THE COURTS OF FIRST INSTANCE A court of ﬁrst instance is the ﬁrst court to preside over serious criminal offenses that sanction two or more years in prison. Only one judge presides over a case and decides the verdict. These judges are known as jueces de primera instancia (judges of ﬁrst instance). The courts of ﬁrst instance divide cases

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judicial demand and the limited resources allocated to the courts.

The Juvenile Justice System Penal law 136-03 establishes a separate judicial process for juveniles apprehended for the commission of a crime, providing children and adolescents with basic rights and protections not afforded to adult offenders. Once criminal responsibility has been established, the penal system seeks to apply a reasonable sanction with the principle of rehabilitating the child or adolescent. The child’s best interest is at the heart of the juvenile justice system and is determined with consideration for the opinion of the child, the child’s stage of development, and international codes for children’s rights along with other factors. Administration of justice is carried out by special courts that focus on children and adolescents. The police responsible for investigating crimes committed by children and adolescents also have a specialized branch trained to deal with this population of offenders.

AGE OF CRIMINAL RESPONSIBILITY The age of criminal responsibility in the Dominican Republic is 18. Children from the age of 13 to 18 are prosecuted under the juvenile justice system. Children under the age of 13 are not legally responsible under the law. Children under the age of 13 cannot be detained, their liberty cannot be denied, and they cannot be sanctioned by any authority.

RIGHTS OF CHILDREN AND ADOLESCENTS The rights afforded to children and adolescents accused of a crime are similar to the rights afforded to adults. However, children’s identities and criminal records are protected to a greater extent. Juveniles have the right to be informed of all charges against them and have the right to be informed of all evidence gathered for the prosecution. Juveniles also have the right to counsel and will be provided one if their family cannot afford an attorney. Immediately after arrest, a child has the right to contact family and legal counsel to inform them of the arrest. The

child can meet with his or her attorney under strict privacy. The child also has the right against selfincrimination, and the child’s decision to remain silent cannot be taken as an admission of guilt. The adolescent offender has the right to prevent his or her identity from being published and to have his or her record sealed. Pretrial jail time is to be served at a special facility for juveniles and is used only when charges against the juvenile involve the most serious crimes.

Sanctions under the Juvenile Justice System SOCIO-EDUCATIVE SANCTIONS Socio-educative sanctions are usually prescribed when the crime committed by the juvenile is minor. These sanctions can consist of a warning or community service at hospitals, schools, parks, or any place that does not place the child at physical or psychological danger. Sanctions also include assisted living, which consists of mandatory compliance by the juvenile with any condition placed by the court for a maximum of three years. Restitution for any damages caused can also demanded by the court.

ORIENTATION AND SUPERVISION Sanctions in the category of orientation and supervision are usually prescribed to juveniles who have committed delitos or crimes that are more serious in nature but that do not warrant the maximum penalties. If the juvenile is sentenced to these sanctions, the court can assign the juvenile a place of residence where the juvenile can be monitored. The court can also require the juvenile to enroll in an education program or vocational training. Mandatory medical treatment in either a public or a private rehabilitation center is required if the juvenile is addicted to drugs.

DEPRIVATION OF LIBERTY Deprivation of liberty is a sanction reserved for juveniles found guilty of serious crimes. Sanctions that deprive children of their liberty can take the form of

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Dominican Republic

house arrest and detention in juvenile centers. House arrest can be prescribed for no more than six months during which the juvenile may not leave his or her place of residence. Arrest during free time is a type of house arrest in which the child may leave his or her place of residence for school, but during free time such as evenings and weekends, the child must return and remain at home. Incarceration is the ultimate deprivation of liberty in which a child is removed from his or her home and placed in a detention center for juveniles. A child may be sentenced to incarceration when found guilty of homicide, causing permanent physical injury, rape, aggravated robbery, kidnapping, sale and distribution of narcotics, or any crime that carries a sentence of ﬁve or more years. Juveniles from the age of 13 to the age of 15 can be sentenced to only one to three years of prison. Juveniles ages 16 to 18 can be sentenced to one to ﬁve years of prison.

Punishment Punishment is prescribed according to the severity of the infraction of the law. For acts that constitute a contravencion (minor violation), punishment warranted is known as pena de policia (punishment of simple police). Punishments prescribed are minor and include restitution for damaged property, ﬁnes, and at most ﬁve days in jail. Infractions of the law that constitute a delito warrant punishments under the classiﬁcation of penas correcionales (correctional punishments). Punishment under this category can warrant jail time that exceeds ﬁve days. Other punishments ordered under penas correcionales include exile; conﬁnement; temporary prison; interdiction of civic, civil, and family rights; and ﬁnes. Infractions that constitute a crimen, the most serious of all crimes, warrant punishment classiﬁed under penas aﬂictivas e infamante (afflictive and defaming punishments). Punishments under this category include reclusion mayor (major reclusion) and reclusion menor (minor reclusion). Those punished by major reclusion are subject to having their civic, civil, and political rights taken away. Those sentenced to incarceration under major reclusion will be removed from society and placed in a Dominican prison to serve the time allotted by the court.

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Civic degradation can be prescribed as a punishment under major reclusion. This punishment involves removing the convicted person from his or her daily functions including employment and public office if he or she holds such a position. The person can be stripped of their right to vote or to be elected to public office and lose the right to be a witness in another’s trial. Civic degradation also prohibits the convicted person from carrying weapons, belonging to the National Guard or the Dominican Army, or being employed as a teacher or professor in any educational institute. Civic degradation can be accompanied by a prison sentence and cannot exceed a period of ﬁve years. The Dominican Republic does not have life sentences and follows the rule of no accumulation. This means that if a person is charged with several crimes and is convicted on all charges, that person may not serve a separate sentence for each crime. Instead, the highest sentence the person can be subject to is the sentence that is mandated by the court. The maximum sentence in the Dominican Republic is major reclusion of 30 years. Aggravating and mitigating circumstances can be taken into consideration by judges deciding on a sentence, but ranges for sentences are set by the criminal penal codes. For the crime of murder, the mandated sentence is 30 years of major reclusion, the highest penalty allowed by law. Homicide that precedes or accompanies the commission of other crimes is also punishable by 30 years of major reclusion. Another crime that warrants the maximum penalty is torture when used on children, adolescents, or other persons with special vulnerabilities such as age, handicap, and mental or physical deﬁciencies. When torture is committed against a judge, an attorney, or any person in public service, or when it is employed against a witness or victim with the purpose of impeding that person’s testimony, it also warrants the maximum penalty of 30 years. Sexual aggression when preceded or accompanied by homicide warrants a punishment of 10–20 years of major reclusion and a ﬁne of 100,000–200,000 Dominican pesos. Injuries caused to a person that leave them incapacitated for 21 or more days carry a punishment of 6 months to 2 years of prison and a ﬁne of

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500 to 5,000 Dominican pesos. Rape carries a penalty of 10 to 15 years of major reclusion and a ﬁne of 100,000 to 200,000 Dominican pesos. Rape of a child, adolescent, or person with a special vulnerability carries a penalty of 10 to 20 years of major reclusion. Robbery can carry a penalty of 5 to 20 years of major reclusion and can be punished by the maximum penalty of 30 years under major reclusion if aggravating factors listed by the penal codes exist, including robbery committed at night, robbery committed by two or more people, or robbery in which the perpetrators carry weapons.

The Death Penalty The death penalty existed early in the history of the Dominican Republic and was applied to what were considered to be the most severe of crimes, including murder and treason. In 1966, the Constitution of the Dominican Republic was revised, and the death penalty was abolished, along with torture and any other punishment that could bring physical harm to the person. But the rise in crime rates that the Dominican Republic has suffered in recent years has brought the debate of the death penalty and life imprisonment back to the forefront. Though the people of the nation have shown support for capital punishment, it remains unconstitutional.

Prison Criminal procedure codes mandate that every judicial district have a prison that will hold pretrial detainees and a separate prison to hold persons who have already been convicted and sentenced. The law requires that these two populations be kept separate even in cases where both these populations are located within the same facility. But prison overcrowding has led to the combined housing of the pretrial detainee population and the convicted offender population. The law also requires that every facility have separate accommodations for male prisoners and female prisoners. Currently, the prison population is composed of 96 percent males and 4 percent females. The governors of the provinces are responsible for the overall conditions of the prisons located

within their respective jurisdictions, which includes security and hygiene conditions; however, detailed administration of the prison is the responsibility of the prison warden or director. Prison personnel, including the warden and his staff, are appointed by the governor of each province. Wardens and prison guards are charged with maintaining the security of the prison, preventing escapes by prisoners, and providing a humane environment for prisoners within their facility. Wardens must keep the governor of the province informed of all prison activities, the state of the prison population, and any escape of prisoners, and in the case of a prisoner’s death, the warden must inform the governor and the attorney general of the occurrence within 24 hours. Behavioral issues and violence directed by prisoners at prison staff or at other prisoners can be punished with a period of isolation from the general prison population. Security is the top priority of the prison system, and prison staff must work to prevent prisoners from escaping, in addition to keeping prisoners secure from other prisoners and from existing prison conditions that can cause the inmates harm. Security at 11 prisons, including La Victoria, Monte Plata, and 15 de Azua, are under the direction of the national police. Security for other prisons, including San Pedro de Macoris, San Francisco de Macoris, and Neyba, falls under the direction of the National Army. Currently, the Dominican Republic operates 34 prisons within its national territory. Two of these prisons are maximum-security prisons, two facilities are centers of rehabilitation, two of the prisons are under special jurisdiction because they are located in the federal district, and the rest of the prisons are public prisons. The current prison population is numbered at 13,500 prisoners by the Direccion General de Prisiones. Services provided within prisons include education, which is usually coordinated by the prison along with institutions that operate outside the prison system. Some of the institutions providing education and vocational training to Dominican prisoners include the Institute of Technical Professions, the Secretary of Education, the Vocational Schools of the Armed Forces, and local churches.

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Dominican Republic

According to the Direccion General de Prisiones, there are 1,369 prisoners enrolled in literacy and basic education classes. Vocational training is available in the areas of woodwork, blacksmith, upholstery, electricity, and tailoring. Criminal procedure codes mandate that every judicial district must have a prison doctor. Currently, there are 46 doctors who work within the Dominican prison system. Specialists include gynecologists, psychologists, neurologists, dentists, and health care providers specializing in sexually transmitted diseases. Any required hospitalization takes place at state hospitals where prisoners are guarded by the national police. If the prisoner wishes to be treated at a private hospital or medical facility, he or she must receive proper authorization and must cover the cost of the medical treatment. Legal assistance is one of the most important services provided within Dominican prisons. Available at each facility are professionals whose job is to assist prisoners with any legal process or with the ﬁling of any legal documents and to inform prisoners of any important deadlines. Visitation privileges are among the most valued by Dominican prisoners. Families who visit are allowed to bring hygiene products and food, although some articles of food can be conﬁscated by prison authorities. Prison visitations are allowed to all prisoners; however, the U.S. Department of State reports that corruption in the prison system is widespread and that prisoners ﬁnd themselves having to pay for visitation privileges and for access to vocational and education programs, and in some cases, prisoners had to pay prison officials to be allowed to attend scheduled court hearings.

The New Penitentiary Model The Dominican Republic has been known for its inhumane practices within the prison system. Overcrowding, unsanitary conditions, and corruption have become major issues within the walls of Dominican prisons. The prison population, now reaching 13,500 prisoners, far exceeds the number of beds available within the entire system, which is estimated at 6,300 beds. La Victoria, the largest

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prison in the system, has the capacity to hold 1,000 inmates, yet it has only 354 beds available, and the actual population at that facility is 3,500 prisoners. Many prisoners are forced to sleep in makeshift beds or accommodate themselves on cell ﬂoors. The majority of prisoners in the system (51.1%) have not yet been sentenced and are awaiting trial, deliberation of verdicts, or sentences. Only 23.6 percent of prisoners have already been sentenced, and 24.9 percent are awaiting appeals on their sentences. Following several unfortunate instances in which prisoners lost their lives because of the poor conditions of prison facilities, and with mounting pressure from national and international human rights groups, the Direccion General de Prisiones and the Procuraduria General have developed the New Penitentiary Model, to be implemented nationwide. This model involves plans to construct new facilities and improve existing facilities to ease overcrowding and advance the living conditions of those deprived of their liberty. A new facility has already been planned and is to be built in Santo Domingo, with the capacity to hold 200 prisoners. As for existing facilities, 11 have already been targeted for reparations and expansion of living facilities. Angela Marcela Navarro Further Reading Código de Procedimiento Criminal de la Republica Dominicana. (1987). Santo Domingo: Republica Dominicana. Codigo para el Sistema de Protección de los Derechos Fundamentales de los Niños y Adolescentes. (2003). Santo Domingo: Republica Dominicana. Código Penal de la Republica Dominicana. (2007). Santo Domingo: Republica Dominicana Dirección General de Prisiones: http://www. procuraduria.gov.do/PGR.NET/Dependencias/ Prision/Index_GaleriaPrision.aspx. Policía Nacional de la Republica Dominicana: http:// www.policianacional.gov.do/system/index.php.

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Pons, F. M. (1998). Dominican Republic: A National History. Princeton, NJ: Markus Weiner Publishers. Procuraduría General de la Republica Dominicana: http://www.procuraduria.gov.do/PGR. NET/Index.aspx. U.S. Department of State. (2008). Country Reports on Human Rights Practices: Dominican Republic. Washington, DC: U.S. Government Printing Office.

Ecuador Legal System: Civil Murder: High Corruption: High Human Trafficking: Medium Prison Rate: Medium Death Penalty: No Corporal Punishment: Yes

Background Ecuador is a nation with a rich history extending over thousands of years. Located in the northwest of South America, this country received its name from the equator across which the country lies. The pre-Columbian-era Ecuador was settled by native tribes that grew to establish large cities along the southern coast by 500 bce. Ecuador and the civilizations that had established themselves in the region came under the dominion of the Inca Empire in 1463. By 1532 the territory had been claimed for the Spanish Crown. Ecuador quickly became one of Spain’s central colonies and remained so for 300 years. At the beginning of the 19th century, most Spanish colonies in the Americas had begun their struggle for independence from the Crown. Ecuador, joining this movement, attempted its independence in 1809. This early revolt was subdued quickly. In 1820, the Free Province of Guayaquil under Joaquin de Olmedo declared itself free from Spanish rule. This precarious autonomy was not consolidated until

1822, when Simon Bolivar sent his general Antonio Jose de Sucre to Guayaquil to ﬁght and win the decisive battle of Pichincha, which led to the formal and permanent independence of the territory of Guayaquil. The newly freed Guayaquil joined La Gran Colombia under the leadership of Simon Bolivar. But Bolivar’s dream of establishing a nation similar to the United States to the north eventually came to an end. In 1830, leaders in Guayaquil decided to leave the union as Venezuela had done. They named their independent nation Ecuador, with the capital at Quito. Rule of Ecuador was ceded to Venezuela, under whom the Magna Carta of Ecuador was written. A succession of dictators ruled the country until 1875, when Eloy Alfaro, a liberal who reestablished civil rights including freedom of speech, was installed as the president. During his presidency, the criminal codes establishing such concepts as criminal intent and rights of defense and deﬁnitions of crimes including homicide, robbery, and fraud were adopted. These codes have remained almost intact to this day. The 1912–1925 period is known as an era of economic liberalism, when banks took control of public business and almost the entire country. In 1934, Jose Maria Velasco Ibarra became president of Ecuador and went on to hold ﬁve nonconsecutive terms in office until he was overthrown by a military government in 1972. Velasco’s terms as president were interrupted by conﬂict with the neighboring country of Peru, civil strife within Ecuador, and brief periods under other elected presidents. Democracy was restored in 1978 with the drafting of a new constitution, and since this time, the country has been led by elected officials.

Legal System The Ecuadorian penal system for most of its history has been inquisitorial in nature. This means that judges supervised all aspects of the criminal justice process from investigation to management and presentation of evidence, processes of a trial, and dictation of the sentence. All judicial processes under the inquisitorial model are traditionally carried out in written form. In 1998, the Constitution was

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modiﬁed, and there was a move to change the traditional penal system from an inquisitorial model to the adversarial system. Beginning in June 2001, the adversarial system was put into effect. Under this system, criminal processes are debated by two sides, the prosecutor representing the state and the defense representing the defendant, publicly and orally. This shift has experienced some opposition. In Ecuador, the criminal justice apparatus comprises the court system (which includes the Supreme Court, the Constitutional Court, the National Judicial Council, the high courts and appellate tribunals, and the lower courts), the Public Prosecutor’s Office, the Attorney General’s Office, the Ombudsman, and the Judicial Police. Ecuador has a large and active community of legal professionals. The national Federation of Bar Associations and the provincial bar associations assess and certify qualiﬁcations of attorneys as well as maintain disciplines among members. All individuals wishing to practice law must register with and become subject to the oversight of a bar association.

Crime Classification of Crime Ecuadorian penal law deﬁnes an infraction of the law as an act that is punishable under the law. Therefore, persons cannot be punished for an act not listed in penal codes as a punishable act. The Ecuadorian penal code does not allow retroactive criminal legislation that changes the legal consequences of acts committed prior to the enactment of the law. Penalties are set according to the severity of a crime; however, if the penalty for a crime is changed from the time the crime was committed to the time of sentencing, the judge is to execute the lesser punishment. Extensive interpretation of the law by judges is prohibited. Judges must function by the letter of the law, and in complicated cases that require extensive interpretation, the judge must adopt the deﬁnition of the law most favorable to the defendant. Ecuadorian law, like that of many other countries, assumes that individuals are educated in the basics of the law and therefore cannot claim ignorance of the law as a valid defense.

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Like other Latin American countries, Ecuadorian law divides crimes into delitos and contravenciones, with the former covering more severe crimes and the latter covering minor infractions. The law also deﬁnes different levels of intent. An infraccion dolosa, or a deceived infraction, is that in which the actor of the crime intends to cause harm. An infraccion intencional, or intentional infraction, is that in which an act or the omission of an act was planned. and the resulting consequence was desired by the actor. An infraccion preterintencional is an act or an omission of an act that causes more harm than what the actor intended. And ﬁnally an infraccion culposa is an act in which the actor could have foreseen a consequence, but the consequence was not the intent of the actor and rather was produced by the person’s negligence or lack of skill, or simply by not observing the law. Several actions under Ecuadorian law are not legally considered criminal, even though they may cause harm to a person. These nonpunishable harmful acts include any act that is ordered by the law itself or by a competent authority, or acts a person is pushed into by a force that could not be resisted. If a person injures another person in the act of self-defense, then the act is not considered a crime if the person defending himself or herself was presented with legitimate aggression that he or she did not provoke. The same applies in the defense of another person. If a person’s property is invaded, the person has the right to defend his or her property. and any injuries caused to the perpetrators will not be considered criminal. The penal code also absolves any person who kills, injures, or assaults his or her spouse after having witnessed the spouse in an act of adultery.

Crimes against National Security Crimes against national security include crimes that threaten the nation with foreign invasion. Crimes under this category include conspiracy to induce a foreign nation to declare war on Ecuador; facilitation of the entrance of foreign enemies into the country; surrender of national territories, properties, and military equipment to a foreign enemy; and

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provision of material aid such as soldiers, guides, money, vehicles, munitions, and weapons to a foreign enemy. Under this section of the penal code, persons can also be criminally charged for giving false leads or intelligence to the Ecuadorian Armed Forces, concealing enemy soldiers, and destroying arms, munitions, and other property with the purpose of aiding a foreign enemy. Impeding national troops from receiving aid, arms, equipment, instructions, or news is also a punishable crime.

Crimes against Peace and Dignity of the State and Crimes against Interior Security These crimes include any attempts made against the welfare of a foreign nation. Crimes under this category include hostility against a foreign nation without the consent of the Ecuadorian government and attempts on the life, liberty, or welfare of the president or representatives of a foreign nation. Crimes against interior security include revolts against the government, attempts to depose the established government or impede Congress from meeting, or the provocation of civil war. Promoting discord among the citizenship and taking up arms against each other with or without the intent to overthrow government are also punishable under this section of the penal codes.

Terrorism also includes destruction or invasion of banks, marketplaces, housing units, schools, hospitals, military spaces, or police spaces by guerilla groups, gangs, or terrorist cells, whether armed or unarmed, under any patriotic, social, economic, political, religious, or racial pretext.

Crimes against Constitutional Guarantees and Racial Equality Ecuadorian penal law provides its citizenry protection of their constitutional rights, including the right to exercise such political rights as voting, the right to practice any religion tolerated by the state, and the right against arbitrary or illegal imprisonment by the order of public officials. The law also prohibits crimes against prisoners such as prohibiting their communications for long periods of times or holding prisoners without a court-mandated sentence and provides the rights to petition, assembly, and freedom of expression. Racial discrimination is also prohibited under this section of the penal code. Crimes of this nature include promoting ideas based on racial superiority, promoting any type of racial discrimination, engaging in acts of violence against a race, and ﬁnancing and assisting any racist activities.

Abortion Crimes of Sabotage and Terrorism Crimes of sabotage apply to persons who are in a position to lend aid or persons who have the duty to provide help, but refuse to give aid to someone in need. The penal code speciﬁes that any doctor, nurse, pharmacist, or health care practitioner who refuses care or abstains from providing care to a person in need can be prosecuted and punished for his or her inaction. Any person who withholds any material or equipment that can be used in rescue in case of a ﬁre, ﬂood, shipwreck, or any other calamity will also be prosecuted and charged criminally. Crimes considered terrorism under Ecuadorian penal law include fabrication, acquisition, theft, use or introduction into the country of weapons or munitions, explosives, explosive material, toxins, or substances and materials used in the preparation of explosives.

Ecuadorian law prohibits abortion. Crimes that could be prosecuted under this law include causing a woman to abort by giving her food, drink, or medication to cause the abortion or using violence to cause the abortion. Voluntary abortion by a woman with her consent is also a punishable act. Abortion is not punished if the procedure is performed by a medical doctor under two special circumstances: ﬁrst, if the pregnancy causes serious risk to the health of the mother and the health risk cannot be avoided; and second, if the pregnancy is the result of rape or if the pregnant woman is mentally challenged.

Homicide and Murder Simple homicide is deﬁned by the Ecuadorian penal codes as an act in which the perpetrator has the

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intention to end the life of another person. Murder is deﬁned as any homicide in which any of the following circumstances exist: premeditation, reward for the killing, killing following torture of the victim, defenseless victim, temporal-spatial concealment (e.g., the crime was committed at night or in a desolate area), attempt at concealment of the act or avoidance of prosecution, and killing to conceal another crime. Other crimes that fall under this category include murder of a newborn baby by the mother or grandparents of the child to conceal a dishonor, aiding a person in suicide, and unintentionally causing the death of a person because of neglect or recklessness.

is deﬁned as any indecent act that does not involve copulation that can offend a person regardless of the person’s sex. Rape (violacion) is deﬁned as any carnal access with partial or complete penetration through the vaginal, anal, or oral oriﬁce, of a person of either sex. Rape by deception (estrupo) is deﬁned as copulation with a woman by employing seduction or deception to gain her consent. Rape of a boy by his father or any male adult in a position of authority, such as a public official, a teacher, a professor, or any other person responsible for the boy, is labeled by penal law as homosexualism. Promoting or facilitating prostitution is also listed by Ecuadorian penal code as a punishable act.

Assault and Battery

Property Crimes

Crimes under this category include any injury caused by striking another person that could incapacitate him or her from work temporarily or permanently or cause the person sickness, mutilations, or loss of an organ. Unintentional injuries caused by neglect or recklessness are also prosecuted under this section of the penal code.

Property crimes are divided into several sections under the penal code. Theft is deﬁned as the fraudulent taking of another’s property without the use of violence or threat. Robbery is deﬁned as an act that employs violence or threats against a person to fraudulently take that which belongs to the person, whether violence or threats occur before the act of taking property, during the commission of the act, or after the act has been committed. Property crimes also include theft and robbery of cattle, extortion, and other types of fraud.

Abandonment Abandonment of a child is listed a punishable act and varies depending on several factors. Factors taken into account in the prosecution of child abandonment include whether a child was abandoned in a populous or a desolate area, if the abandonment was by the natural parents or the legal guardians of the child, and whether the child suffered injuries or death as a result of being abandoned.

Abuse of Arms Ecuadorian penal law states that using any ﬁrearm against a person or aggression with any other weapon is a punishable crime even if this does not result in an injury.

Sexual Crimes Penal code deﬁnes three types of sexual crimes. Attempt against modesty (atentado contra el pudor)

Drug Offenses Ecuador, along with other countries in the Andean region, is considered to be a high-traffic country for narcotics and illegal substances. This has to do with the nation’s location and its shared border with Colombia and Peru, two of the largest producers of cocaine and heroin. Ecuador ratiﬁed laws against narcotics and psychotropics with the purpose of combating production, sale, and use of illegal substances. However, rampant corruption within government ranks and inadequate training of national police have hindered the battle against drugs. Cocaine seizures have been on the rise, with 5.8 metric tons seized in 2004 as compared to 2.5 metric tons seized in 2003, and 4.4 metric tons seized in 2005 as compared to previous years.

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Drug offenses are strictly punished in Ecuador and carry the maximum prison sentence allowed by law. They are punished even more harshly than some crimes against persons, including homicide and rape. The following crimes are sanctioned with a maximum penalty of 12 to 16 years of incarceration: cultivation of plants that can be used to extract substances subject to prosecution; trafficking of illegal substances (whether via sale, purchase, distribution, imports, or export); transportation of illegal substances by water, land or air; and possession of illegal substances for personal use.

Crime Statistics Property crimes constitute the majority of crimes reported in Ecuador. In 2007, 64 percent of all reported crime was property crime. When broken down by province, those most affected by this type of crime were Pichincha and Guayas, two large urban centers. The crime of robbery includes both armed robbery and burglary, and in 2007, it was reported at higher levels than theft. There were more reports of robbery against individuals (8,511 cases) than robbery against private residences (3,595 cases) and robbery against commercial entities (4,040 cases). Crime statistics for other crimes are available for 2005, which show that there were 21,963 reported violent offenses or crimes against persons, not including sexual crimes, representing 12.3 percent of the total volume of crime. Nearly 5 percent (8,680 cases) of all reported crimes were sexual crimes, less than 2 percent (2,933 cases) were crimes against constitutional guarantees, and less than 1 percent (1,179 cases) were drug crimes. The 109,140 property crimes reported to the police accounted for 61 percent of all crimes known to the police during this same year.

Finding of Guilt Rights of the Accused In the Ecuadorian legal system, no person can be found guilty, nor can they be judged of their guilt, by any official other than a competent judge as determined by the law. Competent judges must have a

law degree accompanied by three years or more of experience in the practice of law. Ecuador practices the presumption of innocence; all defendants are innocent until proven otherwise. Defendants have the right against self-incrimination and can remain silent without their silence being considered a sign of guilt. Similar to double jeopardy, Ecuador upholds unico proceso, which means that a defendant cannot be processed or sentenced for the same crime twice. The defendant has the right to be informed of all aspects and processes relating to the case and must be informed of his or her rights as guaranteed by the Constitution. Defendants have the right to defense counsel and must choose someone to represent them before any formal proceedings begin and before any statements are taken. If the defendant does not choose an attorney, the presiding judge must assign a public defender to the defendant. The defendant also has the right to defend himself during legal proceedings and has the right to be present at and to intervene in all proceedings. Preventive prison can be ordered by a judge if there is evidence that the suspect is responsible for the crime in question, while the prosecutor continues to gather evidence and build the case.

Criminal Proceeding Prior to 2001, criminal proceedings were conducted by the presiding judge, as is characteristic of the inquisitorial system. Following the change to the adversarial model, a public prosecutor from the Public Ministry is responsible for representing the state in criminal proceedings. The prosecutor, with the help of the judicial police, is responsible for investigating all aspects of a crime. When sufficient evidence is gathered, the prosecutor can officially charge a person for the crime in question. Preliminary proceedings are then held and are used by both the prosecutor and the defense to bring forth issues regarding criminal charges and competence and legality of proceedings, as well as to make any pretrial motions. If a judge ﬁnds that there is sufficient evidence and a well-founded case against the defendant, then the proceedings move into trial. The trial phase is held before a judge, and both sides, the

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Ecuador

prosecutor and the defense, argue their case. Both parties can present evidence, witnesses, and experts to support their case. The presiding judges can cross-examine the defendant, the victim, witnesses, and experts who take part in the trial. The judge dictates the verdict and the sentence. Any party that is not in accord with the sentence mandated by the judge has the right to contest the sentence through any means allowed by the law.

Juvenile Justice As of 2007, there were 33 chambers of juvenile justice across Ecuador. Ecuadorian law deﬁnes a child as any person who has not yet reached 12 years old. A juvenile is deﬁned as a person between the ages of 12 and 18. The age of criminal responsibility in Ecuador is 18. When the age of the child or juvenile is in question, the law presumes that a person is a child before presuming the person is a juvenile and presumes that the person is a juvenile before presuming he or she is over the age of 18. Juveniles who commit crimes are not taken before judges who normally conduct criminal proceedings, nor are they subject to sanctions listed by penal law. Special judges for children and juveniles review juvenile cases and consider the circumstances surrounding the crime, the youth’s personality, and his or her behavior within the family and in the community to suggest the most appropriate response. Juveniles who commit crimes listed under the penal code are subject to socio-educative sanctions. Juveniles accused of committing a crime have the right to be informed of all processes regarding their case, including why an investigation is being conducted, and the identity of authority that ordered the investigation. The juvenile also has the right to remain silent, the right to a translator if the language is not understood, the right to an attorney, and the right to contact family. Attorneys representing the juvenile must be retained immediately after the juvenile’s apprehension. If the juvenile cannot afford an attorney, one must be assigned to guarantee the juvenile a professional defense. The juvenile has the right to examine evidence, to be heard anytime during proceedings, and to cross-examine

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witnesses and experts. Judges can mandate that a juvenile remain in his or her home under supervision, that the juvenile be placed in the care of a person or entity who will keep the judge informed of the individual’s progress, that the juvenile report to the judge periodically, that the juvenile not leave the country, that the juvenile not gather in certain locations determined by the judge, or that the juvenile not communicate with persons whom the judge prohibits the juvenile from communicating with. Privation of liberty for the juvenile accused of a crime exists in exceptional cases. Children are absolutely exempt from prosecution for crimes listed under the penal code. If a child is caught in the commission of a crime, the child will be returned to his or her parents or legal guardian, and if the child has neither, he or she will be assigned to a social entity that cares for children.

Punishment Ecuadorian penal law lists the different types of punishments that can be applied depending on the act in question. The sanctions that apply to a delito include major reclusion, which is a prison sentence to be served at a penitentiary that can range from 4 to 8 years or from 8 to 12 years. In severe cases, this sentence can range from 12 to 16 years in prison, known as extraordinary major reclusion. Minor reclusion is a prison sentence also to be served in a penitentiary that can range from 3 to 6 years or from 6 to 9 years. In severe cases, extraordinary minor reclusion can be warranted and ranges from 9 to 12 years of prison time. Those who are older than 60 years of age cannot be sanctioned with reclusion. Ecuadorian law has special privileges for persons who are responsible for a crime but who have special health conditions. Persons over 60 years of age convicted of a crime punishable by incarceration will not serve their sentence in a penitentiary, but in another location established as an improvised center of detention, like a home. Women who are pregnant and are convicted of a crime that warrants prison time cannot be incarcerated until 90 days after birth. Sanctions for delitos also include supervision by a capable authority,

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limitations in the practice of one’s profession, a lifetime ban on obtaining a position in public office, and deprivation of certain political and civil rights. There are several cases that warrant the suspension of political and civil rights for a term of three to ﬁve years even if a prison sentence is less than three years. Sanctions that apply to the commission of a contravencion include jail time from one to seven days and a ﬁne. Sanctions common to all violations of the law whether, it be a delito or a contravencion, include ﬁnes. Under penal law, persons responsible for the commission of a delito must pay for the procedural costs and damages caused to the victim. Legally admissible mitigating circumstances at sentencing are listed as follows: threats or injuries caused to the defendant prior to his criminal action, age of 60 years or older, intention to pay reparation, voluntary surrender to the authorities, exemplary behavior after the commission of a crime, prior prosocial behaviors and commitments, reasonable justiﬁcation for the criminal act based on a moral or conventional value, and willing and/or truthful confessions during investigation. Regarding crimes against property, mitigating circumstances may further include extreme poverty or public calamity that made it difficult for the defendant to ﬁnd legitimate employment at the time of the commission of the crime. Aggravating circumstances at sentencing are premeditation; treachery; reward for the commission of the crime; and use of ﬂooding, arson, and poison, mines, derailing a train, or other means that place people other than the intended victim at unnecessary risk. Other aggravating circumstances include the use of fraud, the viciousness and savagery of the crime, the use of torture or any other method that can prolong the suffering of a victim, the physical or mental incapacity of the victim, and the abuse of power in the commission of a crime. Using public disorder or calamity to perpetrate a crime; falsifying titles, names, or insignia given to public authority to facilitate the commission of a crime; committing a crime where a religious ceremony is taking place; committing crime in an isolated area or at night; committing crime as member of a gang; perpetrating a crime with violence; being

a fugitive for a previous crime; or committing crime against a foreign diplomat can also prompt the judge to impose a more severe penalty on the convicted offender. When there are two or more mitigating circumstances and no aggravating circumstances, extraordinary major reclusion can be reduced from 12 to 16 years to 8 to 12 years. Ordinary major reclusion can be reduced form 8 to 12 years to minor reclusion of 6 to 9 years. Major reclusion that ranges from 4 to 8 years can be reduced to minor reclusion of 3 to 6 years. Extraordinary minor reclusion of 9 to 12 years can be reduced to minor reclusion of 6 to 9 years, and minor reclusion of 3 to 6 years can be reduced to 1 to 2 years in a correctional facility Ecuador does not apply life in prison, nor is the death sentence practiced. The maximum penalty a person can be sentenced to is extraordinary major seclusion, which ranges from 12 to 16 years. This punishment is typically reserved for murder. Murder of parents, spouse, or children also warrants extraordinary major reclusion. Simple homicide is punished with major reclusion of 8 to 12 years. Murder of a newborn by the mother or grandparents of the child warrants 3 to 6 years of minor reclusion. The sanction for aiding a person in his or her suicide is 1 to 4 years in prison, regardless of success or failure of the suicide. Injuries that cause unintentional death can be punished with 3 to 6 years of minor reclusion, whereas unintentionally causing death because of neglect or carelessness is punished with 3 months to 6 years of prison. Purposefully causing a woman to abort during pregnancy carries a penalty of 3 to 6 years of minor reclusion, and unintentionally causing an abortion with violence carries a penalty of 6 months to 2 years in prison. Voluntary abortion by the mother given her consent warrants a sanction of 1 to 5 years in prison, and employing any method to cause an abortion that results in the death of the mother carries a penalty of 3 to 6 years of minor reclusion. Injuries that do not result in death are sanctioned according to the damage caused to the victim. If the injuries result in incapacitation from work for more than 3 days but fewer than 8 days, the perpetrator of the injuries can be punished with 15 days to 3 months

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Ecuador

in prison and a ﬁne. Injuries causing incapacitation for more than 8 days but less than a month are sanctioned with 2 months to 1 year of prison and a ﬁne, and injuries causing incapacitation that lasts more than 30 days but less than 90 are punished with 6 months to 2 years of prison and a ﬁne. Assault causing permanent injuries or a serious effect on the health of the victim, mutilation, or the loss of an organ is punished with 2 to 5 years in prison. Unintentional injuries caused by recklessness or neglect are punished with 8 days to 3 months in prison. Indecent sexual acts that do not involve copulation, deﬁned as attempts against modesty, are punished with 1 to 5 years in prison if the victim is under the age of 14 and with 3 to 6 years of minor reclusion if the victim is under 12 years old. Any indecent sexual act that incorporates violence or threats is punished with 3 to 6 years of minor reclusion. These same acts are punished by 4 to 8 years of major reclusion if the victim is mentally or physically impaired and is under the age of 14, and major reclusion of 8 to 12 years if the mentally or physically impaired victim in under 12 years old. Rape of a minor is punished with 3 months to 3 years of prison if the victim is over 14 years old but under the age of 18, and 2 to 5 years in prison if the victim is under 14 years old but over the age of 12. Soliciting sexual favors for oneself or a third party from a subordinate in the workplace is considered sexual harassment and is punished with 6 months to 2 years in prison. Rape with partial or complete penetration is punished with major reclusion of 4 to 8 years if the victim is under 14 years old, if the victim was defenseless or incapacitated, or when violence or threats of violence were used on the victim. If rape causes severe damage to the victim’s health or if death occurs as a consequence of the rape, it is punished with 12 to 16 years of extraordinary major reclusion. An additional 4 years of prison is added to the sentence if the perpetrator is the parent or sibling of the victim, if the rape is committed by a public official who abused the power of his position to commit the rape, if the perpetrator is a health care professional responsible for the well-being of the victim, or if the perpetrator is aided by other persons.

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Theft without violence or the threat of violence is punished by 1 month to 3 years in prison, taking into account the value of the stolen property. The sanction for theft increases when the crime occurs in the occasion of a ﬁre, explosion, ﬂood, shipwreck, railroad accident, riot, or any other disaster or public commotion, and if the stolen property includes tools, instruments, or animals that the victim needs in his profession, art, or job, or if the victim is needy and lives in poverty. Robbery is punished with 1 to 5 years in prison. This sanction can be increased to 3 to 6 years of minor reclusion if violence instigated as part of the robbery produces temporary injuries; if the robbery is committed with the use of weapons, at night, in a desolate area, as a gang, or in a public space; and ﬁnally if during the course of the robbery, a wall, fence, roof, ﬂoor, door, or window is perforated to commit a robbery. If two or more of the conditions mentioned exist, then minor reclusion can be increased to 6 to 9 years. If violence exerted as part of a robbery causes a permanent injury, it will be punished with major reclusion of 8 to 12 years, and if death results as a consequence of violence exerted during the robbery, it can be sanctioned with extraordinary major reclusion of 12 to 16 years.

Prisons In Ecuador, prisons philosophically serve two functions. The ﬁrst is to prevent or dissuade the individual from committing a new crime, and the second it to rehabilitate and prepare the offender for social reinsertion. However, these tasks have proven difficult because of overcrowding and violence that breeds in the prison environment. Ecuador currently operates 35 prisons across 17 provinces. Of these prisons, 10 are assigned to men, 4 are assigned to women, 20 hold a mixed population, and 1 serves as a provisional detention center. As of 2008, there were 12,000 inmates held across the Ecuadorian prison system, a ﬁgure Cuidad Segura found to be far above capacity. The largest prisons in Ecuador are the Garcia Moreno in Quito and Costal Prison in Guayaquil. Although rehabilitation programs are mandated by the government, prison staff falls short, and funding for such programs is unavailable.

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According to Cuidad Segura, lack of funding has also led to an inadequate food supply and elementary medical attention with only 42 doctors operating across the entire prison system, 130 social workers, and no psychologists. Work programs are available, and prisoners have the right to work while they serve their sentence for very small wages. Prisoners have visitation rights, although abuse by prison officials can lead to the cancellation of these rights. Corruption within the system has led to bribery of prison guards for prisoners to secure better conditions or simply to obtain their visitation rights. Angela Marcela Navarro Further Reading Bermeo, Rodrigo. (2002). “Ecuador.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, edited by Herbert M. Kritzner, pp. 457–463. Santa Barbara, CA: ABC-CLIO. De la Torre, Carlos, and Steve Striffler, eds. (2009). The Ecuador Reader: History, Culture, Politics. Durham, NC: Duke University Press.

El Salvador Legal System: Civil/Common Murder: High Corruption: Medium Trafficking: Medium Prison: Medium Death Penalty: No Corporal Punishment: No

Background El Salvador is the smallest country in Central America and the only one that has no coastline on the Caribbean Sea. It is populated by 7.2 million inhabitants, 61 percent of whom live in urban areas. Mestizos, or people of mixed European and Amerindian ancestry, represent the largest ethnic group (90%), followed by whites (9%) and Amerindians

(1%). About 80 percent of Salvadoran adults are literate, and nearly one-third of the population lives below the poverty line. The country achieved independence from Spain in 1821 and now has a democratic and republican form of government led by a president, a unicameral Legislative Assembly, and a judiciary structured under the Supreme Court. It has the smallest territory and the largest population among all Central American countries. The country is divided into 14 departments and has remained stable since the end of the bloody civil war (1980–1992), which was fought between the rightist government backed by the Ronald Reagan administration of the United States and the Farabundo Martí National Liberation Front (FMLN) supported by Cuba and the Soviet Union. The conﬂict cost 75,000 lives and ended when an international peace accord initiated and completed a successful process of demobilization of guerrilla forces and civilianization of a militarized state apparatus.

Legal System The current Salvadoran legal system is based on civil and Roman tradition and has emerged from the civil war as a part of broader reforms implemented to secure lasting peace among rival social and political groups, to strengthen democratic processes, to increase state capacities, and to guarantee basic human rights. This judicial branch focuses on the interpretation and enforcement of constitutional and legal provisions on constitutional, criminal, civil, commercial, agrarian, labor, and administrative matters. It is headed by the 15-justice Supreme Court of Justice, which is structured into four chambers: Constitutional, Criminal, Civil, and Administrative. The Legislative Assembly elects justices for a nineyear term; elected justices may be reelected and renewed every three years. When it comes to criminal justice issues, the Constitutional Chamber hears and resolves cases related to orders of protection and habeas corpus, whereas the Criminal Chamber studies cassation requests and appeals from secondinstance courts.

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El Salvador

Under the Supreme Court are the appellate courts, followed by trial courts and justices of the peace. Twenty-six appellate courts are distributed in nine cities and divided into civil, criminal, traffic, labor, family, juvenile justice, and mixed courts. The 201 trial courts process sentences; investigations; traffic matters; prison security; commercial, civil, labor, rent-related, military, family, and juvenile sentencing Finally, there are 322 peace courts in 14 cities throughout El Salvador. This judicial machine is staffed by more than 500 judges on the bench, which can be translated into a judges-to-citizen ratio of 1 judge for every 11,000 population. El Salvador’s Constitution establishes the Public Ministry and its three divisions: the Public Prosecutor’s Office, the Public Defender’s Office, and the Human Rights Ombudsman’s Office. Each of these divisions is autonomous and has its own administrator elected by the Legislative Assembly and its own budget and administration. The Public Defender’s Office is represented by the defender general and has 17 branch offices across the country. The office is tasked with the provision of legal services to indigent defendants unable to hire private legal counsel, to fulﬁll the constitutional requirement of protecting the right of the people to a qualiﬁed defense. Public defenders represent their clients in adult and juvenile hearings, from the initial investigative stages to the execution of the sentence. In 2006, nearly 76,000 defendants were represented by the office. The Public Prosecutor’s Office is in charge of the protection of public safety and the defense of the law through the investigation of criminal events in collaboration with the National Civil Police and exercise of criminal prosecution. The prosecutor general is the legal head of this office and is aided by the assistant prosecutor general, assistant prosecutor for human rights, and general secretary, each of whom has a group of advisory and support units. Prosecutors are organized under the Anti-Narcotics Unit, the Financial Investigation Unit, the Human Trafficking Unit, the AntiOrganized Crime Unit, and the Anti-Corruption and Complex Crimes Unit; they are empowered to

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direct the National Civil Police and other public security agencies in the investigation of punishable crimes. The Human Rights Ombudsman’s Office is a permanent and independent agency created to protect, promote, and defend regarding human rights. The Ombudsman’s Office has national jurisdiction and is responsible for investigating cases of human rights violations ex officio or in response to a complaint, assisting the victims of said violations, monitoring the situation of those detained, promoting reforms for progress in this area, and related tasks. The ombudsman may request assistance and/or reports from government agencies, civil officials or authorities, military officials, or public security agents. The National Civilian Police (PNC) was established in 1993 to replace the notorious National Guard, National Police, and Treasury Police, which were directly involved in the brutal repression of the left-wing guerrillas, and now has about 16,000 ofﬁcers. The ﬁrst members of the PNC were trained through the International Criminal Investigative Training Assistance Program and subsequently through the National Public Security Academy supported by the U.S. Department of State’s Bureau for International Narcotics and Law Enforcement Affairs. The PNC is responsible for maintaining public security across the country, but in rural areas, the military participates in some PNC patrols and antinarcotics efforts.

Crime Several factors have converged to maintain a very high rate of crime and violence in El Salvador. Its geographic location renders the Salvadoran territory a transit route favored by drug and human traffickers, the endemic and stark wealth disparities have raised a large army of dissatisﬁed and unemployed youths, the understaffing of criminal justice agencies drastically reduces the crime-control capacity of the public safety apparatus, and a recent history of armed conﬂict has facilitated the availability of deadly weapons and of psychosocial predispositions to their use.

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Minors watch television at the Border Police precinct after being held at the border town of Hachadura, El Salvador, October 7, 2003. Some 10 minors were rescued by border police after traffickers intended to cross them into Guatemala en route to the United States. (AP Photo/Victor Ruiz Caballero)

By 1995, lives lost to criminal homicide exceeded the average annual number of war deaths during the second half of the civil war, making El Salvador the most violent society in the region. In 2006, 3,927 homicide cases were known to the police, which translated to a rate of 58.1 homicides per 100,000 inhabitants. About 78.2 percent of these homicides involved ﬁrearms, and only 9.3 percent of all homicides took place in the capital city of San Salvador. The concentration of violent offenses in less urbanized cities and departments is unique to El Salvador. La Libertad and Sonsonate are the two jurisdictions that have enjoyed high socioeconomic development, and yet they have suffered the highest homicide rates in the country. As the main seaports on the Paciﬁc coast, connected by the Pan American Highway, these two departments are critical transshipment centers preferred by international drug traffickers and thus are exposed to an unusual

level of violent incidents. Armed robbery, major assault, kidnapping, rape, theft, and fraud are common threats to Salvadoran residents.

Gang Violence El Salvador has hundreds of violent street gangs with more than 30,000 active members. Violent and well-armed street gang growth continues in El Salvador, with Los Angeles’s 18th Street and MS-13 (“Mara Salvatrucha”) gangs being the largest and most inﬂuential in the country. During the civil war, large numbers of Salvadorans sought refuge in the United States. There, they congregated in Hispanic urban neighborhoods, particularly those in Southern California. These impoverished areas have a long history of serious gang problems, and the new immigrants found themselves targeted by local gangs. Partly as a defensive reaction, many

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El Salvador

young Salvadorans either joined the existing gangs or formed their own. When the United States began to tighten its immigration policy in 1996, many Salvadoran gang members were deported to their homeland. All deportees were ﬁrst housed in the Guezaltepeque Prison, in northern El Salvador. Quickly and unexpectedly, U.S.-style gang culture ﬂourished in the Salvadoran prison system, and recruitment began on the streets in El Salvador. Both L.A.’s 18th Street and MS-13 soon became the largest gangs in El Salvador and spread to the Honduras and Guatemala. Salvadoran gangs focus on narcotics and arms trafficking, murder for hire, carjacking, and violent street crime. Gangs composed of unemployed youth roam freely, day and night, targeting affluent areas for burglaries, and gang members are quick to use deadly force if resistance is offered. They were once concentrated in urban areas but are now showing up in the most remote corners of El Salvador. In addition to committing crimes in urban streets, gang members are now terrorizing rural farmers and stealing their crops. It is estimated that 60 percent of all intentional homicides are carried out by street gangs. The U.S. government has assigned a Gang Advisor to assist the government of El Salvador with combating the gang problem. Additionally, the Federal Bureau of Investigation has established a transnational anti-gang unit with the PNC, based in San Salvador.

Drug Abuse and Trafficking El Salvador is a signatory of the 1971 UN Convention on Psychotropic Substances and the 1988 UN Drug Convention and thus is obligated to criminalize and combat drug production, trade, and consumption domestically and internationally. El Salvador remains a transit country for cocaine and heroin from the Andean region of South America, en route to the United States. Estimates indicate that approximately 400 metric tons of cocaine ﬂow through the Eastern Paciﬁc. Salvadoran authorities continued to conduct maritime and land interdiction of cocaine and heroin along the nation’s coastline and overland routes, as well as to investigate narcotics-related money laundering operations. Yet

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despite visible efforts, success has been very limited. In 2008, the PNC seized 1.35 metric tons of cocaine, 430 kilograms of marijuana, and 8.4 kilograms of heroin. The government also conﬁscated $1.5 million from suspicious bank accounts and cash drug transactions. Transnational street gangs are involved in retaillevel drug sales but not major wholesale trafficking. Although investigators have not yet uncovered serious problems with production or trading of precursor chemicals, investigations suggest that signs of deterioration are present. For example, a recent audit of one of El Salvador’s principal pharmaceutical laboratories showed 2 million ephedrine pills missing from the inventory. Overall drug abuse has remained moderate and relatively stable in El Salvador. According to estimates by the United Nations, the prevalence of opiate and cocaine abuse among adults aged 15 or older did not change in any signiﬁcant way between 1997 and 2005, with 0.1 percent using them in 1997 and 0.4 percent in 2005. Amphetamines and cannabis are the two most popular illicit drugs and are used by 3.0 percent and 2.7 percent of Salvadoran adults, respectively. To reduce the demand for illicit drugs, several government agencies are tasked with the responsibility of addressing the issue. The Ministry of Education provides lifestyle and prevention training in public schools and sponsors after-school activities. The PNC operates a Drug Abuse Resistance Education (D.A.R.E.) program directly imported from the United States, where the model has proved to be of minimum, if any, impact. The National Council of Public Security promotes gang member demobilization and conducts drug-abuse prevention outreach toward El Salvador’s gang population. The civic society is mostly engaged in the treatment and rehabilitation of drug abusers; local faith-based treatment programs and counseling programs administered by recovering addicts are the most visible players.

Human Trafficking El Salvador sends, trades, and receives women and children trafficked for the purposes of sexual and labor exploitation. Human trafficking in El Salvador is mostly domestic. Young women and girls are

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sold from rural areas to urban centers for commercial sex, whereas some adults and children are trafﬁcked internally for forced agricultural labor and apparel assembly. Most foreign victims are women and children from neighboring countries, such as Honduras and Guatemala, and other nearby Spanish-speaking countries, such as Nicaragua, Mexico, and Colombia; these foreign victims travel to El Salvador in response to job offers but are subsequently forced into prostitution or domestic servitude. In recent years, trafficked Salvadoran women also have been found in brothels, pubs, and massage parlors during law enforcement raids in Guatemala, Mexico, Belize, the United States, Spain, and Italy. The Salvadoran penal code criminalizes all forms of human trafficking and prescribes punishments of up to 8 years in prison. Since the enactment of El Salvador’s anti-trafficking statute in 2004, some prosecutors have avoided its application and chosen to charge trafficking-related crimes under the country’s rape statute, which carries a punishment of up to 20 years in prison, to secure stiffer penalties against offenders. In 2008, Salvadoran criminal justice authorities brought charges in 15 cases of human trafficking and obtained 8 convictions, with sentences ranging from 4 to 10 years’ imprisonment. Such results compare with 46 prosecutions initiated and 5 convictions secured in 2007. Enforcement efforts have focused mostly on trafficking for commercial sexual exploitation and on only a very small number of cases related to forced labor. Supported by foreign assistance, the Salvadoran government also engages in the assistance of victims of human trafficking. The country’s federal agency for children and adolescents operates a national network of 11 shelters to provide safe housing, around-the-clock medical care, psychological counseling, and vocational training to victims of child abuse, including trafficking victims. However, most government assistance and services are directed to child victims of human trafficking and are not readily accessible to adult victims, especially males. Furthermore, government support services rarely extend beyond shelter care and do not provide greater reintegration assistance. Law enforcement agents actively encourage collaboration from

trafficking victims: in 2008, 57 victims participated in the investigation and prosecution of their trafﬁckers, although many more refused to offer assistance because of social stigma or fear of reprisals. Victims are not prosecuted or punished for illegal acts committed as a direct result of their victimizations. Although extant statutes do not offer a formal alternative to deportation to a country where a trafficking victim may face hardship or retribution, criminal justice and social service officials have requested and obtained residency status for some victims on a case-by-case basis.

Finding of Guilt Criminal Justice Procedure Despite the Salvadoran penal justice’s long inquisitorial tradition, a new criminal procedure with strong oral and adversarial components was introduced in 1998 to avoid some of the gross human rights violations committed in the past. The new procedure dictates that the National Civil Police be involved in the investigation of criminal offenses under the direct order of the Public Prosecutor’s Office. Allegations of criminal events are usually reported to PNC agents, who initiate ﬁrst investigations by questioning victims, witnesses, and suspects and gathering physical evidence. Salvadoran courts accept the rule that interrogation without the presence of counsel is coercive and that any testimony obtained in such a manner is inadmissible during trial. As a result, PNC authorities generally delay questioning until a public defender or an attorney arrives. Family members are also allowed prompt access to detained suspects. The Constitution allows the PNC to detain a suspect for 72 hours before bringing the person to court, after which the judge may order detention for an additional 72 hours to determine whether an investigation is warranted. Although the Salvadoran Constitution prohibits arbitrary arrest and detention, there are frequent complaints that the PNC has indeed arbitrarily arrested and detained persons. In 2007, the Human Rights Ombudsman’s Ofﬁce received 193 complaints of arbitrary arrest or detention, including 121 illegal detentions.

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El Salvador

Once the Public Prosecutor’s Office receives a written complaint from the police, a request for intervention is sent to a peace court judge. This petition formally initiates the judicial engagement and begins with a preliminary hearing in which the judge decides whether the defendant will be taken into custody and whether the case requires further investigation and legal action. The criminal justice process is composed of three key stages: the preliminary stage of investigation, the intermediate stage of analysis, and the adversarial stage of trial. Upon the presentation of the charges and supporting evidence by the prosecutor to the investigating judge, the preliminary hearing is convened for motions and discovery. The judge may opt for alternatives to trial or accept evidence and order a trial. After all contending parties have been informed of the judicial decision of moving forward with the procedure, the investigative judge submits all documents and evidence to the trial court and ensures the appearance of the accused. The law permits up to six months for investigation of serious crimes before requiring either a trial or dismissal of the case. Within 48 hours of receiving the respective notiﬁcations, the presiding judge of the trial court will schedule the ﬁrst oral, public trial hearing, which must take place between 10 days and 1 month after this date and which requires the continued presence of the judges and parties. The rights of the defendant to attend all court sessions, cross-examine witnesses, and present witnesses and evidence are guaranteed by the Constitution. Although the Constitution further provides for the presumption of innocence, protection from self-incrimination, the right to legal counsel, freedom from coercion, and government-provided legal counsel for the indigent, some of these legal rights and protections are occasionally violated in practice. All trials are public. When both the prosecution and the defense have concluded their arguments, the judges deliberate to decide on the disposition of the case. In principle, the law provides for trial by jury in select cases, especially in those involving charges of environmental pollution and certain misdemeanors. In these exceptional jury trials, juries determine the

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innocence or guilt of the accused, but only judges decide the sentence. An overwhelming majority of criminal cases are processed through bench trial in El Salvador. Whereas a jury’s verdict is ﬁnal, a bench verdict can be appealed. In either jury trial or bench trial, if a verdict of not guilty is reached, the court will immediately set the defendant free; if the defendant is found guilty, the parties have the opportunity to present arguments on the sentence. All convicted offenders have the right to be informed of their sentences within ﬁve days of the end of their convictions. There exists a Program for the Protection of Victims and Witnesses to secure the safe participation of Salvadoran citizens in the adjudication of criminal cases involving violent street gangs. In 2008, 2,347 new requests for protection were submitted to the program, and at the year’s end, 3,110 witnesses or victims were under some kind of police protection. Unfortunately, intimidation and violence against witnesses by criminal gangs has created a solid climate of their impunity from prosecution. Judicial misconduct is a serious problem that erodes the credibility of the courts to achieve a fair and efficient administration of justice. During 2008, the Public Prosecutor’s Office investigated 73 judges and 9 magistrates for corruption; the Supreme Court received 169 complaints from private citizens against judges for alleged irregularities and penalized 3 judges for improper conduct. During the same year, 203 complaints against prosecutors for misconduct were submitted to the Public Prosecutor’s Office, resulting in the dismissal of 1 prosecutor and the suspensions of 13 others for corruption and other serious infractions.

Juvenile Justice The official age of criminal responsibility is 16. Offenders aged 15 or younger are considered juvenile offenders, whose processing and care are regulated by the Juvenile Offenders Act. The juvenile justice system is authorized to dispense a wide range of coercive rehabilitative measures on youths under its supervision including mandatory counseling to custody in a juvenile detention center.

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To put the destabilizing threat of youth gangs under control, the National Council for Public Security implemented a Safe Country plan dubbed the Super Heavy Hand policy in 2004. Units of the armed forces patrolled with the civilian police to monitor children of disadvantaged backgrounds who were blamed for making a disproportionate contribution to the rampant criminal violence. Although of the 300,000 suspects detained under the security policy between 2000 and 2006, fewer than 6 percent were under 16, 43 percent of these minor detainees were held without evidence of criminality. Authorities have attempted to lower the age of criminal responsibility to 12, but such a proposal has encountered ﬁerce resistance from human rights organizations and other civic groups.

Punishment According to the 1983 Constitution, Salvadoran prisons are established ﬁrst to rehabilitate criminal offenders and then to punish them in a way commensurable to the harms they have inﬂicted on the society. The institution responsible for prison policy is the General Directorate of Prisons, which reports to the Ministry of Government. It has the mission of ensuring the safety and well-being of all prison inmates and designing rehabilitation and social reintegration programs. The Penitentiary Law governs sentence enforcement and security measures stipulated in the penal code, as well as other sentences contained in special laws. The subordinate bodies that coordinate policy planning, service delivery, personnel training, and other logistic support for the accomplishment of the stated mission include the Directorate, the National Criminological Council, the Regional Criminological Councils, and the Penitentiary Academy. The correctional system includes 22 facilities classiﬁed by the type of criminal offenders that they house. At the end of 2008, there were 19,814 prisoners held in the 22 correctional facilities and 2 additional secure hospital wards, with a combined designed capacity for 8,227 individuals. In other words, Salvadoran prisons are used at 241 percent of their capacity. Overcrowding poses a serious

threat to inmates’ health and security, and the rapid growth of the prison population has not yet leveled off. Of these inmates in 2008, 64 percent (12,702) had been convicted, and 36 percent (7,112) were in pretrial or presentence detention. Because of a lack of holding cells, pretrial and presentence detainees are often remanded in regular prison units together with violent convicts. Salvadoran law permits release on bail for detainees who pose no ﬂight risk or whose release would not jeopardize the investigation of the case. Because it may take several years for a case to come to trial, some prisoners are incarcerated longer than the maximum sentences for their crimes. In such situations, detainees could request a Supreme Court review of their continued detention. Current or former gang members known to correctional authorities made up 34 percent (6,801) of the entire prison population in 2008. Gang members are classiﬁed as high-risk inmates and are routinely segregated from the regular prison population. They continue to exercise inﬂuence through intimidation, violence, and bribery within the prisons and the judicial system and are a constant source of tension and violence. In a 2007 gang-ongang battle, 21 inmates were killed in the notorious Apanteos Prison, which resulted in the conviction of nine inmates for homicide and the administrative punishment of many other incarcerated gang members. Gang leaders reportedly conduct criminal activities and order smuggling of weapons, drugs, and cellular telephones from their cells, at times with the complicity of prison guards. Corruption among prison personnel is widespread, and control efforts have been ineffective. In 2008, authorities convicted one prison guard, dismissed charges of wrongdoing against three others, and continued criminal investigations against an additional two guards. In 2008 there were 561 juvenile offenders housed in four juvenile detention facilities with a combined capacity of 763 beds. Despite added investment in programs and services, gang activities in juvenileholding facilities remain a serious threat to the goal of rehabilitation.

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Hung-En Sung

Falkland Islands

Further Reading Call, Charles T. (2007). “The Mugging of a Success Story: Justice and Security Reform in El Salvador.” In Constructing Justice and Security after War, edited by Charles T. Call, pp. 29–68. Washington, DC: United States Institute of Peace Press. Dodson, Michael. (2002). “El Salvador.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, Volume 2, edited by Herbert M. Kritzer, pp. 468–474. Santa Barbara, CA: ABC/CLIO Press. United Nations Office on Drugs and Crime. (2007). Crime and Development in Central America: Caught in the Crossﬁre. Vienna, Austria: UNODC.

Falkland Islands Legal System: Common Murder: Low Prison Rate: Low Death Penalty: No

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colonized the Falklands by establishing a naval garrison in Port Stanley. Despite the de facto occupation of the islands by the British, Argentina pursued its claim of sovereignty and invaded the islands in April 1982. The British government under the premiership of Margaret Thatcher responded with an expeditionary force that recovered the Falklands by force in June 1982. The governor represents the Crown and the British government to the islands, and conversely, he or she represents the citizens to the Crown and is responsible for the management of all foreign affairs and defense and ensures the integrity and the justice system. The chief executive and the six-member executive council are responsible for the daily management and delivery of government services on the Islands. The 10-member Legislative Assembly presided over by the governor meets twice a month to pass legislation with respect to local order, peace, and good governance; however, all legislation passed is subject to the approval of Her Majesty the Queen.

Legal System

Background The Falkland Islands are an archipelago in the South Atlantic Ocean classiﬁed as a British sovereign territory. There are two main islands and 776 smaller islets; the total area of 12,173 square kilometers is slightly smaller than the state of Connecticut. As of 2008, 3,140 people reside permanently on the islands. The economy of the Falkland is built on ﬁsheries, sheep farming, and tourism and has yielded a gross domestic product per capita US$35,400. The Falklands were ﬁrst discovered by English explorers in 1594, but the ﬁrst landing by English sailors did not take place until nearly a century later in 1690. The ﬁrst permanent settlement was established by the French in 1764 and taken over by Spain in 1766. The ensuing disputes over the control of the islands among Great Britain, Spain, and later the newly independent Argentina quieted down in 1833, when the British Crown formally

The Falkland Islands’ legal system, as is the case of any British sovereign territory, is independent of the United Kingdom; however, the civil and criminal laws are explicitly drawn, with some allowances for local needs, from the English statute law. The British Foreign and Commonwealth Office ultimately oversee the police and judiciary, like all of the government functions in the Falklands. In fact, the supreme authority over the Falklands is vested in Her Majesty the Queen, and on her behalf, this authority is managed through the aforementioned appointed governor. The governor rules with the advice and assistance of the locally elected chief executive, executive council, and Legislative Assembly. The chief justice of the islands, who is a nonresident, oversees the judiciary of the Falklands. The highest court in the island’s judiciary is the Supreme Court. The court employs four lawyers, one of whom is the attorney general. The court system is streamlined. A panel of justices of the peace (JPs) oversees the Summary Court. JPs are not required,

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by law, to be lawyers; rather, they must be “upstanding members of the community.” The JPs deal with low-level criminal cases in addition to civil matters (such as marriage licensing). A local magistrate, who must be a trained attorney, manages the judiciary. He is responsible for hearing the majority of civil and criminal cases, including family, admiralty, and commercial disputes. The magistrate is also the islands’ coroner and is responsible for investigating any unexpected or violent deaths that occur. The nonresident chief justice of the islands is appointed by the governor and typically visits the island once annually for the purpose of hearing complex felonies. Criminal cases that must be heard before the Supreme Court include murder, manslaughter, rape, piracy, treason and arson with the intent to endanger life, appeals from the magistrate’s court, or cases involving the constitutional rights of the accused. Policing and local prison responsibilities are given to the Royal Falkland Islands Police (RFIP). The RFIP was created with the enactment of the Constables Ordinance 1846, and along with the Police Ordinance Act of 2000, the RFIP is required to follow all of the procedural and legal guidelines established by the British Home Office for all local constabularies throughout England and Wales. Within the organization of British policing, the RFIP is affiliated with the Devon and Cornwall Constabulary. The Devon and Cornwall Constabulary is responsible for policing the southwestern counties in England. The RFIP, full-time, employs 18 sworn officers and 3 administration staff (1 to oversee the jail and 2 for administration); however, all Royal Air Force and Marine personnel who are stationed in the Falklands are sworn deputies who can be called up to aid in civil matters at the direction of the governor. The RFIP is headed by a chief inspector. The chief inspector is responsible for the administration of both the public safety and the island’s prison. RFIP officers do not carry ﬁrearms. The Falklands criminal justice system is explicitly an extension of the English system; the sections that follow deal only with local deviations from that

system. For a more detailed accounting of the English system, the readers are encouraged to familiarize themselves with the British entry elsewhere in this encyclopedia.

Crime Classification of Crimes The Falklands crime classiﬁcations are the same as in England. The age of criminal responsibility is 10 years old.

Crime Statistics There are no official crime statistics available for the Falkland Islands; moreover, the Home Office Web site states that there is “no crime” in the islands. This is meant in the context of serious violence or drug offenses. The most likely reason for the lack of official statistics is that the police do not necessarily address crimes as much as they provide public safety. Second, they are not required, due to their political relationship with Britain, to provide such data to the Home Office. The Falklands are invited by the United Nations to submit their crime data to the annual UN Crime Survey; however, they have never provided that data. Last, most crime problems are very low-level offenses that are addressed directly by the justices of the peace. This has to do with the island geography and small population of the Falklands. As such, policing services are centralized in the capital, Stanley, and the JPs are relied on to adjudicate and maintain order in the majority of the townships and villages. According to newspaper accounts, drunken brawlers, teenage vandals, and the occasional skinnydipper appear most in the officers’ notebooks. The last murder to occur in the Falklands was in 1985, and since 1998, the most notable criminal events have been three rapes and one arson.

A Recent Major Crime In December 2008, an estimated 1.5 million dollars’ (U.S.) worth of cocaine disappeared from a specially

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Greenland

sealed cell at the only police station in the Falklands. The 29 packets of cocaine were being held as evidence pending trial. The drugs were seized off of a foreign ﬁshing vessel that was moored in Stanley, the capital. The two suspects in that case were being held at the station awaiting trial; however, they were allowed to roam the corridor at night to use the bathroom and the kitchen. That same corridor gave access to the cell that was used to store the cocaine, as well as access to the weapons used by the RFIP. According to newspaper accounts, there is large gap between the door and the ﬂoor of the cell used to store the evidence. The magistrate’s court found that the one of the two defendants had taken advantage of his “freedom to roam,” discovered the drugs, and simply put his hand through the “substantial gap” and removed 23 of the 29 packets over the course of several days. Authorities believe that the offender ﬂushed away the evidence as a means of disrupting his felony drug transshipment charge.

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the rest of their life in prison. A person who is sentenced to life is parole-eligible after 14 years, and many are released at that time. That said, there is no requirement of parole because a life sentence is, technically, indeterminate. A life sentence is possible for offenses such as rape and robbery.

Prison There is one jail in the Falklands. It is located in the police station, which is in the capital, Stanley. The jail has 4 cells and is capable of holding 12 to 13 people. Vincenzo A. Sainato Further Reading Cawkell, Mary. (2001). The History of the Falkland Islands. Shropshire, UK: Anthony Nelson Ltd. Falkland Islands government: http://www.falklands. gov.fk//index.html. Falkland Islands Information Portal: http://www. falklands.info/index.html.

Finding of Guilt Adjudications for offenses follow the English common law system. Most criminal offenses, which are adjudicated by the justices of the peace, result in a ﬁne or some form of community service. For more serious cases, involving the magistrate’s court, incarceration before or during trial in the islands’ 13-person jail is possible. For felony sentences where guilt is found, the individual is incarcerated in an English prison.

Greenland Legal System: Civil Murder: Medium Prison Rate: High Death Penalty: No Corporal Punishment: No

Punishment

Background

Types of Punishment

The Danish realm includes the largest island in the world, Greenland. It represents an area of 2,170,000 square kilometers. Most of Greenland is covered with a polar ice cap, but still, there are about 57,000 inhabitants on the island. On the ice-free coast, the capital of Nuuk (Godthåb) has approximately 15,000 inhabitants in a municipality that is two and a half times as large as Denmark. The Greenland Home Rule Government is located in Nuuk, and Greenland is also represented by two members in Folketinget (the Danish Parliament) in Copenhagen.

Most punishments in the Falklands involve a ﬁne or some kind of public service. The severity of the vast majority of cases does not warrant any greater punishment. All felony offenses are adjudicated and sentenced under the same rules and procedural guidelines as in England. The death penalty was abolished for homicide in 1965 and for all other offenses by the mid-1970s. Adults who are convicted of murder receive a mandatory life sentence; however, only in rare cases do offenders actually spend

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The Greenland judicial system differs from the Danish system in many ways. In Greenland, the administration of justice is handled by ordinary citizens, working as district judges, lay judges, and defense counsel. Only when a case is brought to the High Court in Nuuk are legally trained prosecutors, judges, and defense counsel brought into the process. The Greenland Criminal Code also does not mention punishment at all and has no penal limits. It offers a number of special sanctions, from which the court can choose the sanction that seems best suited to prevent the offender from relapsing into crime. The duties of the Greenland police are similar to those in the Danish realm. According to the ﬁrst section of the Act on Police Activities, the purpose of the police is to maintain safety, security, peace, and order in society. The police are also required to focus on prevention, assistance, and law enforcement. They are to ensure that the law and other regulations are complied with and take necessary actions to prevent crime, but one of their main ﬁelds of responsibility is to handle the prosecution of cases.

including sexual offenses, homicides, and attempted homicides. Recently, cannabis-related crime and economic crimes have also become problematic. There has been a smaller amount of other drugs, such as cocaine, heroin, and amphetamine, but this problem has not been investigated too well.

Crime Statistics There are 17 police districts in Greenland. About 31.6 percent of all crimes are committed in the police district around Nuuk. The police in Nuuk handle around 700 cases a year, compared to an average of 100 cases a year in other areas. Most crimes in Greenland are committed by offenders aged 15 to 39. The age of criminal responsibility is 15. Homicides are about three times more common in Greenland than in the rest of Denmark, possibly because knives and other sharp weapons are part of the daily life in Greenland. But it has to be pointed out that homicide statistics include negligent road fatalities, negligent homicide, and bodily harm resulting in death, distinctions that are not included in homicide statistics concerning the rest of Denmark.

Crime

Finding of Guilt

Classifications of Crime

The magistrates’ courts with three lay judges hear all types of cases in the ﬁrst instance. Cases range from simple theft to homicide. They also deal with civil cases, family law, divisions of estate, and so on. At a hearing in the courtroom, a local police officer handles the prosecution, and a counsel chosen by the local people is assigned to the accused. The counsel does not necessarily have any legal knowledge. Only at the High Court in Nuuk does the accused have the right to a lawyer. All types of crimes may be the subject of public prosecution. In assessing the seriousness of the offense, consideration is always given to the harm, danger, and violation involved, as well as to what the offender knew or should have known at the time of the offense. In assessing the information about the offender, consideration is given to the offender’s general, personal, and social circumstances, as well as to circumstances before and after the

The Greenland criminal code is structured differently than other European penal codes. Instead of a general and speciﬁc part, its ﬁrst part is simply about crime and contains rules and regulations that are similar for all types of crimes. The second part is about the legal consequences of crime and contains rules concerning prosecution and other measures. These measures refer mostly to punishment but are used to point out that punishment is just one of the social reactions warranted by the code. The Greenland Administration Act of Justice and the criminal code were drafted and written shortly after World War II, reﬂecting the strong social values of the time. Greenland went through a radical and rapid social change soon after, which led to a large increase in criminal activity. Compared to other countries, criminality is especially characterized by relatively many acts of violence,

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Greenland

offense and the offender’s motives for committing the offense. The accused is entitled to make a statement before his or her case is heard. A reason must be given for all denials and decisions that go against the accused. The accused also has the right to get a copy of all written material and to make a statement before the decision is made. Furthermore, he or she has the right to receive advice about possibilities for appeal. Personal freedom is inviolable according to the Danish Constitutional Act, which also applies to Greenland. Anybody who is taken into custody has the right to appear in front of a judge within 24 hours. If the accused cannot be released immediately, the judge has to decide as soon as possible whether the accused is to be imprisoned or released on bail. The nature and amount of such a bail shall also be determined. If a person intentionally or by gross negligence endangers the body or property of another, he or she shall be responsible for his or her actions. This is especially relevant for intoxication, and the responsibility even extends to those who cause intoxication in others. Intoxication and its consequences can be much more severe in Greenland because of its geographical and climatic conditions. Road traffic legislation is also quite strict in Denmark in general. Driving under the inﬂuence of alcohol or drugs is treated as a very serious offense. The rules are strictly and immediately enforced, and violations can result in heavy ﬁnes or even jail sentences.

Punishment Types of Punishment Greenland has its own court system, which is composed of the High Court of Greenland and 18 magistrates’ courts. In the magistrates’ courts, decisions are made by a magistrate and two lay judges, who do not necessarily hold law degrees. If special legal knowledge is needed in a case, it may be taken over by the High Court. Appeals from the magistrates’ courts go to the High Court. Major cases are heard in the High Court of Greenland, and appeals from this court go to the High Court of Eastern Denmark.

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General measures available to the court, according to the criminal code, are imprisonment, probation order with or without supervision, warning, ﬁne, compulsory work or education, and other restrictions of freedom or action. A commitment to an institution or another suitable home can be ordered in connection with the speciﬁc measure. The court can choose freely among the measures and also, if necessary, combine them. For juveniles and mentally ill offenders, there are some special sanctions available. Imprisonment is used three times more often in Greenland than in other Nordic countries. A sentence of imprisonment is either life or a limited time from 7 days to 16 years. A juvenile offender under the age of 18 cannot be sentenced to more than 8 years of prison. Furthermore, not only psychological but also physical diseases can result in a sentence of medical treatment, something that is very speciﬁc to Greenland.

Prison Prison sentences are served in the three open prisons in Greenland, in police detention, or in the hostels of the Probation Service. The prisons in Greenland have room for 76 inmates. About 75 percent of inmates are placed in the prison in Nuuk. The rest are placed in the two smaller prison units in Aasiaat and Qaqortoq. Inmates are treated quite well in Greenland. They are generally not cut off from the community. For example, work and leisure-time activities often take place outside the prison. The Herstedvester Institution in Denmark is the only place that has a special unit for Greenlander inmates. The institution has capacity for 13 inmates but currently houses 22. The government takes special measures to keep these prisoners in touch with their culture. For example, they employ Greenlandic staff or offer Greenlandic food. However, according to the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, many of these inmates still feel that they are facing a double punishment by not being able to serve their sentences in Greenland. As such, there are plans to build a new

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facility for these inmates in Nuuk. Despite the very serious nature of the offenses committed by the inmates housed in the Herstedvester Institution, violent conﬂicts, disciplinary sanctions, and relapses into crime occur fairly rarely compared with prisons in other countries. Anna Gustafson Further Reading Danish Police: http://www.politi.dk/en/ About_the_police/duties/. Danish Prison and Probation Service, Kriminalforsorgen: http://www.kriminalforsorgen.dk/ English/DanishPrisonAndProbationService/ Greenland.html.

Trinidad and Tobago. It has a land area of 344 square kilometers and a coastline of 121 kilometers. Grenada has a population of 90,343 residents, with nearly 5 percent residing in the capital city of St. George’s. Although English is the official language, many Grenadians also speak French patois. Overall, blacks make up 82 percent of the population, followed by 13 percent mixed black and European, 5 percent European and East Indian, and a small faction of Arawak/Carib Amerindian. Grenada relies heavily on tourism as its main source of foreign exchange, especially since the construction of an international airport in 1985. Although Grenada has rebounded from the devastating effects of Hurricanes Ivan (2004) and Emily (2005), it incurred huge ﬁnancial debts from the

Government of Greenland: http://uk.nanoq.gl. International Work Group for Indigenous Affairs: http://www.iwgia.org/sw15471.asp. Jensen, Henrik G. (1986). Criminal Justice in Greenland. Copenhagen: University of Copenhagen (Fulﬁllment for thesis: Simon Fraser University, Ottawa, 1992). Royal Danish Ministry of Foreign Affairs: http:// www.um.dk/publikationer/um/english/factsheet denmark/greenland/html/chapter01.htm. Sermitsiaq English News: http://sermitsiaq.gl/ english/.

Grenada Murder: Medium Corruption: Low Prison Rate: High Death Penalty: Maybe Corporal Punishment: Yes

Background The state of Grenada is not a single island but several islands jointly referred to as the Grenadines. The three largest islands are Grenada, Carriacou, and Petite Martinique. Grenada is the secondsouthernmost of the island group known as the Lesser Antilles, north of the twin-island Republic of

Members of the Royal Police Force stand at attention during a parade in Granada’s capital St. George’s. (Bibikow/StockphotoPro)

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Grenada

rebuilding process. From 2007 to 2008, Grenada’s economy enjoyed a modest 3.1 percent annual growth rate, only to be offset by the dampening effects of inﬂation, which reached 3.7 percent. The latest available unemployment ﬁgures paint an even grimmer picture; 12.5 percent of Grenadians were looking for work, perhaps a partial reﬂection of a staggering poverty rate that claims nearly 32 percent of its citizens.

Political History The state of Grenada achieved independence from England in 1974. Afterward, it adopted a modiﬁed Westminster parliamentary system based on the British model, with a governor-general appointed by and representing the British monarch and a prime minister. The country experienced political turmoil for the ﬁrst decade of independence, including an intervention by U.S. and Caribbean forces in 1983. By the 21st century, Grenada had achieved a level of economic and political stability that made it one of the most democratic states in the Caribbean. As of July 2008, attorney Tillman Thomas, representing the National Democratic Congress, was elected Grenada’s new prime minister.

Legal System When Grenada gained independence in 1974, it also became a member of the British Commonwealth. Consequently, Grenada accepted the rule of common law, as well as a democratic system with ties to Great Britain. Its Constitution guarantees basic rights and protections to its citizen from arbitrary governmental intrusions. Included among these rights is the freedom of speech, freedom from religious persecution, rights to property ownership, the protection from arbitrary arrest, and the right to travel in and out of the country. Although Grenada’s legal system was based on the common law system, it was also receptive to other legal systems, derived from Hindu, Muslim, and Indian law. These traditions and customs are incorporated into the legislation and reﬂect the cultural, social, political, and economic needs of its citizens. As members of the Commonwealth Caribbean countries, government power is divided

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among the executive, legislature, and judiciary, although there are tendencies to rely heavily on the form, structure, substance, and content of the law as expressed in England.

The Judiciary The Constitution provides for an independent judiciary, which is a provision generally respected by the government, that is part of the Eastern Caribbean legal system. As of 2003, Grenada had 7 judges, 50 attorneys, and 1 prosecutor. Grenada’s judicial system mirrors other adversarial proceedings in both structure and arrangements. Inferior courts, regarded as courts of summary jurisdiction, are made up of magistrates’ courts, petty sessional courts, and coroner’s courts. They have a dual function— investigative and trial—in criminal matters. However, their jurisdiction is limited to civil offenses. There are also specialized courts or tribunals, which may be inferior, intermediate, or superior courts. Among these are juvenile, family, divorce, administrative, gun, revenue, and industrial courts. The Grenada Supreme Court, located in St. George’s, consists of a High Court of Justice and a two-tier Court of Appeals. The High Court is the trial court or court of ﬁrst instance. It has original, unlimited, and appellate jurisdiction over all matters that arise from the inferior courts, whether criminal or civil. The Court of Magisterial Appeals hears appeals from magistrates’ courts, which exercise summary jurisdiction. The Itinerant Court of Appeal hears appeals from the High Court. Three resident judges hear cases in the Supreme Court. An appeals court is staffed by a chief justice who travels around the Eastern Caribbean islands to hear cases. To exhaust all legal proceedings, defendants can make ﬁnal appeals to the Privy Council in the United Kingdom. The council advises heads of state of a respective nation, typically, but not always, in the context of a monarchic government. Beyond issuing orders-in-council and granting royal charters, it functions as a court of appeal for British courts in present and former overseas territories. Established in 1967, the Eastern Caribbean Supreme Court (ECSC) is the highest court for its nine independent member states, which include

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Grenada, Antigua, Dominica, Nevis, Barbuda, Saint Kitts, Saint Lucia, Saint Vincent, and the Grenadines. The chief justice of the ECSC is the residing head of the judiciary. The reigning monarch of the United Kingdom appoints the chief justice on the recommendations of the member states’ prime ministers. The establishment of the Organization of Eastern Caribbean States (OECS) enabled the court to function more smoothly in its administration, composition, ﬁnancial resources, accountability, and judicial establishment. The ECSC has ensured the rule of law and public respect, both locally and internationally, for its role as the principal arbiter in serious criminal, major civil, and all constitutional disputes, with limited rights of appeal to the Privy Council from decisions of the Court of Appeal. The ECSC replaced the Judicial Committee of the Privy Council as a court of ﬁnal appeal for most matters. Since its adoption, the relatively new Caribbean Court of Justice (CCJ) has been designated as a court of last resort for member states of the Caribbean Community. Grenada was among the eight nations that ratiﬁed the treaty to establish the CCJ in 2003. It was inaugurated on April 16, 2005, in Port of Spain, Trinidad and Tobago. It had a long gestation period, commencing in 1970 when a Jamaican delegation proposed its establishment in substitution for the Judicial Committee of the Privy Council. The Caribbean Court of Justice is designed to be more than a court of last resort for member states of the Caribbean Community. In addition to replacing the Judicial Committee of the Privy Council, the CCJ is vested with an original jurisdiction with respect to the interpretation and application of the Treaty Establishing the Caribbean Community. In effect, the CCJ was designed to exercise both an appellate and an original jurisdiction.

Policing The Royal Granada Police Force has a history of personal and political manipulation in Grenada. Under then prime minister Eric Gairy (1974–1979), the establishment of personal paramilitary units undermined the authority and professionalism of

the force. After Gairy’s ouster in 1979, Maurice Bishop (1979–1983) set about restructuring Grenada’s security system along with its governmental, political, and economic systems. Following the assassination of Bishop in 1983, Grenada’s leadership changed hands six times before election in 1995 of the Rt. Hon. Dr. Keith Mitchell, who was the state’s longest-serving prime minister. In July 2008, attorney Tillman Thomas became the newly elected prime minister and, by default, the minister of national security of Grenada. In the immediate wake of the action by the U.S. military and the 350-member Caribbean Peace Force (CPF) in 1983, units of these forces handled police and security duties on the island. The last of the U.S. military police personnel departed Grenada in June 1985. The remnants of the CPF pulled out shortly thereafter, leaving the new and inexperienced RGPF to fend for itself. Although the title of the organization is traditional, the force had been reconstituted and its members retrained and reequipped since the U.S.-Caribbean intervention of 1983. Today the Royal Grenada Police Force (RGPF) is responsible for enforcing criminal, immigration, and maritime laws in Grenada. It is also responsible for seaport security and ﬁre services. As of 2005, the national police force consisted of 830 sworn officers, including 200 rural constables. The force also includes an 80-member paramilitary special services unit (SSU) and a 30-member coast guard. The U.S. Army and the U.S. Coast Guard provide periodic training and material support for the SSU and the coast guard. The force has a hierarchical chain of command that resembles most military organizations. Despite limited resources, the Royal Grenadian Police Force is generally effective in responding to complaints. Beyond prohibiting arbitrary arrest and detention, the Constitution also prohibits police use of brutal and excessive force. Although individual cases of police corruption and abuse have been reported, these practices are not very common. In the event police are suspected of illegality, an internal investigation follows. If allegations are sustained, the police commissioner can discipline officers up to the rank of sergeant with a wide

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Grenada

variety of penalties, including dismissal. Only the Public Service Commission can discipline officers with the rank of inspector or above.

Crime Classification of Crimes Crimes are divided into summary offenses and indictable offenses. Serious crimes, also known as indictable-only offenses, such as murder and rape, must be heard in court before a judge and a jury. On the other hand, lesser crimes or summary offenses, which are punishable by no more than six months’ imprisonment in the case of an adult, are heard by two or more lay magistrates without a jury.

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stealing credit cards, jewelry, foreign passports, and money. Muggings, purse snatchings, and other robberies generally occur in areas near hotels, beaches, and restaurants, particularly after dark. Among citizen victimizations, however, crimes appear more personally injurious. Chop wounds to the hands that sever the wrist, physical assaults to other parts of the body, and stabbings in general have come to characterize the violent nature of some crimes in Grenada. Many are of the opinion that the recent rise in violent crime is directly related to an increased number of gangs and illegal drug-related activity.

Drug-Related Crimes Crime Statistics According to the United Nations Office of Drugs and Crime, as of 2007, Grenada’s crime rate was 10,177 per 100,000 persons. In comparison to other Windward Islands, this is relatively high. According to statistics provided by the Royal Grenada Police Force, personal crimes are less frequent than property crimes. Between 2001 and 2005, there were 10 homicides reported to the police per year, on average. The use of threatening language and common assault were the most frequent personal crimes, and theft was the most frequent property crime for this period. According to the Royal Grenada Police Force, the following crimes were reported to the police in 2005: Murder Rape Indecent assault Assault with a deadly instrument Wounding Common assault Stealing Stealing from domicile Housebreaking Burglary

11 23 67 165 217 908 1,352 351 193 58

Tourists have been victims of armed robbery, especially in isolated areas, with thieves frequently

Drug trafficking in Grenada is a problem because coastal waters facilitate the transshipment of cocaine and marijuana en route to U.S. and other markets. Marijuana remains the drug of choice among Grenadian users, and it is widely believed that marijuana is smuggled through Grenada from both St. Vincent and Jamaica. According to the Grenada Drug Information Network (GRENDIN) annual report for 2003, local officials estimate about 75 percent of the marijuana remains on the island. The remaining 25 percent is destined for other markets, primarily Barbados and the Republic of Trinidad and Tobago. There is also a small amount of marijuana cultivation in Grenada, primarily for local consumption. The Royal Grenada Police report that possession of marijuana is the most frequent drug offense that comes to their attention. GRENDIN asserts that the drug situation in Grenada is closely linked to the drug trade in the Caribbean and by extension the international drug trade. Consequently, the drug trade is also linked to arms trafficking, money laundering, and other crimes. According to the Royal Grenada Police Force, the following drug-related crimes were reported to the police in 2005: Possession of marijuana/cannabis Possession with intent to supply

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Possession of cocaine Trafficking of controlled drug Cultivation of marijuana

59 27 25

According to police, there are no drug processing labs in Grenada (i.e., those used to produce methamphetamines, opium, or morphine). However, the increase in violence and gang activity associated with the drug trade, including armed robbery and kidnapping reported earlier, continues to cause concern. Petty crimes, including theft and break-ins for cash to pay for drugs, are equally problematic. In an ongoing effort to stem the ﬂow of illegal narcotics into the country, Grenada is a party to the United Nations Convention on Transnational Organized Crime and its three protocols. An extradition treaty and a Mutual Legal Assistance Treaty are in force between the United States and Grenada. Because of its collaboration with the U.S. Drug Enforcement Administration, Grenada has achieved reasonable successes in its interdiction efforts. According to the U.S. Department of State, from January through October 15, 2007, the police arrested 382 people on drug-related charges, 356 men and 26 women. Of those arrested, 375 were Grenadian, 2 were from St. Vincent and the Grenadines, 1 was from Trinidad and Tobago, 1 was from St. Kitts and Nevis, one was from Guyana, and 2 were from the United Kingdom. According to the U.S. Department of State, in 2007, Grenadian authorities seized approximately 935.8 kilograms of cocaine, 9,824 marijuana plants, 260 kilograms of marijuana, and 1,686 marijuana cigarettes. Regular rural patrols contribute signiﬁcantly to deterring large-scale cultivation of marijuana on the island. Cultivation usually consists of around 50 or fewer plants in any one plot. Approximately seven acres of marijuana were eradicated during the period.

Government Response to Crime Fear of crime among Grenadians is very real and appears to be a response to an increase in violence among young people. As a result, crime reduction strategies were developed on the theory that the conﬂuence of television, music, and the media’s

coverage of negative incidents contributes largely to the perception of high crime. Since 2005, the primary concerns about crime in Grenada have included older and more recent trends in criminal activity. An increase in domestic violence poses a concern for authorities because it appears to coincide with an increase in sex crimes, including incest, rape, and child molestation. Beyond the increase in conventional crimes—such as murder, wounding, kidnapping, and pickpocketing—law enforcement authorities are also confronted with similar increases in organized crime, speciﬁcally ﬁnancial crimes and those that involve money laundering. Added to these concerns are the ongoing threats and devastating effects of terrorist activity, which has created a need for special legislation that would permit wiretapping and other undercover operations. Lastly, though this is in no way an exhaustive list, the increase in trafficking of illegal drugs through Grenada has created a greater need for increased international support and cooperation that would enhance air and maritime patrol capabilities to intercept enterprises that use Grenada as a transshipment point. According to former prime minister Keith Mitchell, the overall crime situation in Grenada is compounded by the bad inﬂuences that deported criminals from ﬁrst-world countries have on the local criminal element. The conﬂuence of these factors has led to a culture of disrespect for government and law enforcement agencies. Therefore, the government recognizes and appreciates the need to change its response to crime. To facilitate these changes, the government of Grenada recently embarked on a major recruitment drive to attract 170 new recruits into the police service, bringing it closer to acceptable levels of efﬁciency and competence. It also increased budgetary allocations for police by EC$5 million (approx. US$1.8 million). Furthermore, the prime minister proposed to increase the salary and fringe beneﬁts for law enforcement and correctional officials. The increase in officer salary represents a raise of 1.9 percent, where monthly salaries will move from EC$21,372 (approx. US$8,000) per month in 2006 to EC$23,556 (approx. US$8,820) per month in 2008.

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Grenada

Finding of Guilt Rights of the Accused Under the laws of Grenada, police can detain persons on suspicion without a warrant, but they must bring formal charges within 48 hours. To safeguard and protect the rights of those accused, a judicial determination of the legality of detention must be made within 15 days after arrest on a criminal charge. After such determination, police must either formally arraign or release a detained person within 60 days. In the interim, bail is made available to all persons charged, except those charged with capital offenses. In the very rare instance that someone is charged with treason and/or sedition, bail is accorded only on the recommendation of the governor-general. Furthermore, with the exception of persons charged with a killing and foreignborn drug suspects, the courts usually grant most defendants bail while awaiting trial. In most cases, and consistent with due process, detainees are provided access to a lawyer and family members within 24 hours of apprehension. The law also provides for the right to a fair and public trial, where there is a presumption of innocence. The law protects persons against selfincrimination and requires the police to explain a person’s rights upon arrest. The accused has the right to remain silent and to seek the advice of legal counsel. A defense lawyer has the right to be present during interrogation and may advise the accused how to respond or not to respond to questions. In a trial setting, the accused has the right to confront his accuser. This entire process begins with a ﬁrst appearance that is held in a magistrates’ court.

Public Defense As of 2001, Grenada was the only Eastern Caribbean country that had an established legal aid system within its judiciary. The legal aid system institutionalized in Grenada provides legal aid not only in criminal cases but also in civil cases and those involving family matters. The Eastern Caribbean system makes provision for legal counsel only in capital cases.

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The court requires and appoints attorneys for indigents only in cases of murder or other capital crimes. In other criminal cases that reach the appellate stage, the court appoints a lawyer to represent the accused if the defendant was not represented previously or reappoints earlier counsel if the appellant no longer could afford that lawyer’s services. Assizes are held three times a year for a two-month period.

Resolution of Cases The Judicial Study Centers of America’s (JSCA) Report on Judicial Systems in the Americas (2002– 2003) provides a statistical proﬁle of the 4,159 criminal cases processed in Grenada in 2002. Based on this report, 14 percent of the cases were crimes against property, 17 percent traffic disputes, 9 percent drug offenses, and 7 percent use of ﬁrearms against persons. The type of crime was not identiﬁed in a small percentage of cases. Sixty-one percent of cases were resolved in pretrial hearings, whereas 26 percent were struck, 10 percent were dismissed for lack of merit, and 3 percent of the charges were withdrawn. Of the 2,566 cases resolved by pretrial hearing, 51 percent of the defendants pleaded guilty, and 34 percent of the defendants were found guilty. Six percent of the hearings were still in progress, and 2.3 percent were remanded to trial. Arrest warrants were issued for defendants in 671 cases, whereby 78 percent of the arrest warrants had been executed, and 22 percent remained pending. Unfortunately, 92 percent of case records did not provide information regarding legal counsel. Of those cases where information was provided, 7 percent of defendants had a defense attorney, and 1.14 percent had no legal counsel. Thirty-three percent of sentences involved both a ﬁne and incarceration. According to the same report, the average ﬁne was EC$430 (approx. US$161), and the average prison sentence was 0.74 months. Of the 10 criminal convictions that were appealed, 9 were ﬁled by defendants and 1 was ﬁled by the prosecutor.

Constitutional Due Process The Grenada Constitutional Order of 1973 established the Constitution of Grenada, prescribed its

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form of government, and guaranteed certain fundamental rights and individual freedoms. As expected, the Constitution prohibits discrimination based on race, place of origin, political opinion, color, creed, or sex. These rights were among those protected by the Universal Declaration of Human Rights that was adopted by the United Nations in 1948, of which Grenada is now a part. Grenada’s rules of criminal procedure are remarkably similar to those of the United States and the United Kingdom. Its Constitution provides for the right to a fair trial, and police are required to explain a person’s rights upon arrest. The accused also has the right to remain silent and to seek the advice of legal counsel. The law allows for a defense lawyer to be present during interrogation and to advise the accused how to respond or not to respond to questions. The accused has the right to confront his accuser and has the right of appeal.

Punishment Types of Punishment Criminal law in the Commonwealth Caribbean territories, including Grenada, is essentially English. Although the laws of Grenada were revised in 1990, the criminal code as reﬂected in the 1958 revised edition remains in force. Nonetheless, crimes that occur in other Caribbean nations are very similar to crimes that occur within Grenada. Criminal deﬁnitions, however, tend to vary, as the following examples illustrate. In Grenada, rape is deﬁned as “the carnal knowledge of a female of any age without her consent,” and carnal knowledge is deemed complete upon proof of the least degree of penetration only. Criminal laws concerning same-sex intimacy in Grenada are noticeably different from other democratic nations. For example, according to the criminal code, same-sex intimacy is regarded as “unnatural.” Section 435 of the criminal code notes that the offense of “unnatural crime” is committed by way of sexual intercourse per anum (i.e., anal penetration). Moreover, if any two persons are guilty of “unnatural connexion,” or if any person is guilty of “unnatural

connexion” with any animal, every such person shall be liable to imprisonment for 10 years. These laws are easily engineered to target and prosecute lesbians and gay men and, more generally, all nonreproductive sexual behavior. Within Grenada, the laws governing abortion are equally strict. For instance, those who intentionally and unlawfully cause abortion or miscarriage are liable to imprisonment for 10 years. Grenada laws concerning organized crime are interesting as well. According to the criminal code, the penalty on a summary conviction of money laundering is a ﬁne up to EC$500,000 (approx. US$187,230) or a prison term not exceeding ﬁve years or both. In instances resulting in an indictable conviction, offenders are sentenced to a term of 10 years or an unlimited ﬁne, or both. A person convicted for a predicate offense can also be tried for money laundering, because according to Grenadian law, it is deﬁned as an autonomous crime. Predicate offenses include illicit drug trafﬁcking, trafficking of ﬁrearms, kidnapping, extortion, corruption, terrorism and its ﬁnancing, and fraud. On summary convictions, imprisonment for a maximum of ﬁve years or a maximum ﬁne of EC$500,000 (approx. US$187,230) or both may be imposed. On indictable convictions, maximum imprisonment of 10 years or an unlimited ﬁne or both may be imposed.

Prison According to the U.S. State Department Human Rights Report, as of 2006, Grenada’s prison population, including pretrial detainees and remanded prisoners, totaled 334 persons. A small fraction were female prisoners (0.8 percent), who shared space with pretrial detainees (17.3 percent) and foreigners (2.1 percent). Located in St. George’s, Richmond Hill Prison is the island’s only state prison and was originally designed to hold 98 prisoners. As of this writing, the prison was 258 percent above capacity. Although the relatively smaller number of prisoners appears manageable, one of the consequences of overcrowding is that juveniles are housed with adults in the general population.

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La Guadeloupe

According to the Bureau of Democracy, Human Rights, and Labor, torture and other cruel, inhumane, or degrading treatment or punishment is prohibited by the Grenadian Constitution. Flogging, however, is occasionally used as punishment for sex crimes. Otherwise, the law stipulates a sentence of 15 years’ imprisonment for a conviction of any nonconsensual form of sex. Sentences for assault against a spouse vary according to the severity of the incident. In accordance with the Grenadian criminal code, corporal punishment is legal as a disciplinary measure in penal institutions, and some provisions of the criminal code allow for the whipping of male offenders aged 7 to 15 as part of their sentence. In alternative care settings, however, corporal punishment is prohibited in institutions licensed by the Grenada Bureau of Standards by licensing requirements.

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response to public pressure, began speeding up appeals procedures to beat the ﬁve-year deadline. In response, defense lawyers began using all of their skills to drag out the appeal process to gain eligibility for commutation for their clients, a strategy that has annoyed a vast majority of Caribbean residents. Lee E. Ross Further Reading Caribbean Net News: http://www.caribbeannet news.com. Embassy of the United States. (n.d.). Barbados and the Caribbean: http://barbados.usembassy.gov/ Government of Grenada: http://www.gov.gd/a_z_ gov.html. Grenada Constitution. (1973). http://pdba.george town.edu/Constitutions/Grenada/gren73eng. html. Judicial Study Centers of the Americas: http:// www.cejamericas.org.

Death Penalty Prior to 2001, a death sentence was mandatory for anyone convicted of murder, and hanging was the traditional method of execution. Actual executions, however, were rare, and none have taken place since 1978, when Charles Ferguson was hanged after he was convicted for murder. Recent challenges to the constitutionality of the death penalty have produced signiﬁcant rulings. In the case of Hughes and Spence v. the Queen of England (2001), the Court of Appeals ruled that the mandatory death penalty was unconstitutional, inhumane, and degrading punishment. Furthermore, convicted persons must be afforded an opportunity to address the court after conviction, to argue that they should be given a lesser sentence than death (i.e., life imprisonment or a ﬁxed term). This ruling applies to all the Organization of East Caribbean States (OECS) jurisdictions because they all have similar constitutions. Eight years prior to this ruling, the Privy Council ruled that prisoners convicted of capital crimes and not executed within ﬁve years suffered “inhuman or degrading punishment” and should have their death sentences commuted. According to the New York Times, some countries and local governments, in

Steele, Beverley. (2003). Grenada: A History of Its People. Oxford, UK: McMillan Publishing. Thorndike, T. (1985). Grenada: Politics, Economics and Society. Boulder, CO: Lynne Rienner Publishers. United Nations Office of Drugs and Crime: http:// www.unodc.org/pdf/barbados/caribbean_ report_crime-trends.pdf.

La Guadeloupe Legal System: Civil Prison: Medium Death Penalty: No Corporal Punishment: No

Background History of the Legal System The history of the legal system of this French department is primarily linked to its colonial status since its discovery. La Guadeloupe became known

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to Europeans via Christopher Columbus in 1493. This nation was ruled by Spanish authorities until 1635, when it became a French colony. Slavery trade began immediately, and the island was owned from 1643 to 1664 by a governor, Charles Houel, who was named “Marquis de Guadeloupe” by Louis XIV and was in charge of the application of the law. Details about the criminal justice system during this period are scarce. The law was mostly used to police the slave trade, highlighted by the enactment of the “Code Noir” in 1685. The laws grouped under this code were used to legitimize a widespread practice. This code forbade Protestants or Jews to own slaves. Corporal punishments as well as the use of the death penalty against slaves were also regulated; the criminal justice system was therefore used to guarantee the status quo on slavery. Multiple military tensions appeared in the 18th century, and Guadeloupe only obtained its full independence as a colony in 1775. The French Revolution of 1789 led to the instability of the department and then to the abolition of slavery in 1794. Reforms of penal procedures and the creation of the penal code began in 1791. The laws of the Guadeloupe were extremely similar to those of metropolitan France; slavery was, however, brieﬂy reestablished in 1802. Documents dated from 1828 reveal that the criminal justice system of Guadeloupe was regulated by the French civil code, the civil procedural code, and the French penal code. The judicial police force was administered by the gardes champetres, gardes forrestiers, and police guards; prisons were administered locally, and one prison was located in the Guadeloupe. The analysis of additional documents revealed the existence of the gendarmerie in Guadeloupe as early as 1823. A law passed December 30, 1823, led to the creation of specialized units of the gendarmerie. In 1830, the gendarmerie was composed of 1 captain, 2 lieutenants, 5 “marechaux du logis,” 70 gendarmes, 88 civilians, and 10 “brigadiers.” These individuals were in charge of law enforcement in the colony. As of January 24, 1857, the gendarmerie at Guadeloupe was composed of 166 men; there were 179 men and 1 lieutenant in the territory as of 1861. Slavery was ﬁnally abolished by law on April 27, 1848.

Guadeloupe has been represented in the French Parliament since 1871 and its criminal justice system has been shadowing the French metropolitan criminal justice system. The judicial system has been undergoing modernization since 2007; the French carte judiciaire was redrawn, and legal jurisdictions were modiﬁed. This modernization is now complete and consists of a centralization of all courts on the territory. The legal system in Guadeloupe is inquisitorial and is similar to the French legal system. It was introduced by the Ordonnance of Colbert in 1791 and was based on the code of penal procedures written under Napoleon. This justice apparatus was officially implemented in Guadeloupe after its departmentalization in 1946.

Social and Political Context The French National Police and the Gendarmerie Nationale as well as other agencies composing the French criminal justice system are currently facing important social challenges. Economic and social circumstances have been deteriorating in the ﬁrst decade of the 21st century. A general strike erupted in January 2009. Most of the law enforcement officers were mobilized to control riots and prevent vandalism and other property damages. Unfortunately, the death of a union member, who had been mistaken for a police officer, in February 2009, caused a rise in social tensions. Four groups of the Mobile Gendarmerie, 280 gendarmes, were therefore sent from metropolitan France to secure the territory. Such eruption of violence led French president Nicolas Sarkozy to visit Guadeloupe on June 26–27, 2009, where he met with the elected officials of all French overseas departments. He highlighted the need for a profound analysis of the reasons for social unrest and for the development of solution to inherent societal problems. Eight themes were identiﬁed, including the need for an evolution of local agencies such as law enforcement agencies. The president asserted that he would “keep the promise of equality” to all French citizens living in Guadeloupe. Laws related to the changes in Guadeloupe are currently being

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La Guadeloupe

drafted, and major changes in institutions located in Guadeloupe are expected; such modiﬁcations may have an impact on the criminal justice system.

Police and Gendarmerie As in other French departments, Guadeloupe is policed by two separate agencies: the national police and the gendarmerie. The national police are mainly responsible for law enforcement in urban areas. The police mission statement is based on two articles of the French Constitution. The 1st article indicates that personal safety is an inherent right of humankind; the 12th article highlights the need for a public force to be created for the good of all. The national police are therefore responsible for the safety of all citizens, public peace, and justice. The national police are also accountable for information gathering, the reduction of illegal immigration, maintenance of public order, the ﬁght against drug trafficking and organized crime, and ﬁnally the prevention of terrorism. There are currently more than 900 police officers in Guadeloupe; these officers are mainly located at Pointe-a-Pitre, Basse-Terre, les Abymes, and the Gossier. The national police force is undergoing constant modernization; the use of scientiﬁc and technical progress is now inherent to policing. The national police have been undergoing structural changes since 2003, and manpower is currently being geographically redistributed to answer to the needs of the community. Finally, as indicated by the Ministry of Interior, the national police are a “symbole de la reconnaissance de la nation,” a symbol of national recognizance. The gendarmerie is the other agency responsible for the maintenance of public order as well as public safety. There are more than 600 gendarmes located in Guadeloupe. These individuals are part of the 161 groups named “brigades de gendarmerie territoriales.” There are 3,503 members of the Gendarmerie Nationale in nonmetropolitan areas of France. Six hundred and eighty-six individuals are located in Guadeloupe; there are 30 operational ofﬁcers, 2 technical and administrative officers, 531 officers, 18 civilians, and 105 volunteers. These

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individuals belong to multiple units that have speciﬁc roles in the territory. Certain officers are in charge of surveillance; others are responsible for airport safety. It is important to note that the Gendarmerie Nationale is a military group attached to the French military; civilians, officers, gendarmes, and volunteer compose this law enforcement agency. One commander is in charge of all the territory, and members are divided into mostly rural areas; the current bases are located in Saint-Claude, PetitBourg, Saint-Barthelemy, Saint-Francois (nautical branch), and les Abymes. Finally, the Gendarmerie Nationale is in charge of the safety of all diplomatic visitors and ambassadors who reside or visit this French department.

Crime Classification of Crime Crimes are classiﬁed into ﬁve types of infractions of the law: against individuals, against material goods, against the state, organized crime, and victimless crime. Crimes against persons include homicide, rape, and torture. Infractions against goods include robbery and theft. Finally, terrorism and treason are considered as crimes against the state. All infractions are divided into three levels based on its characteristics, circumstances, and seriousness. Crimes are the most serious infractions and include murder, rape, armed robbery, and drug trafﬁcking. Under article 131-1 of the French penal code, these crimes incur a minimum of 10 years of incarceration. Delits, the second type of serious infractions, incur imprisonment of less than 10 years, ﬁnes, and community service; they include theft and drug dealing. Delits are the equivalent of misdemeanors. Finally, petty infractions include traffic violations. According to article 131-13 of the penal code, ﬁnes will be determined according to the seriousness of the offense. The age of responsibility is 18 years old. Individuals under 13 years old are deemed irresponsible, and juveniles between the ages of 13 and 16 are processed by the juvenile justice system. However,

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juveniles who commit serious crimes can be handled by the adult criminal justice system. Most convicted juvenile delinquents are sentenced to education and vocation programs. Incarceration is used only for juveniles who present a threat to public safety and whose rehabilitation is deemed improbable.

Challenges Guadeloupe is geographically located between marijuana-producing countries and consumption markets located in Europe and North America. Indeed, this department is considered a plaque tournante of drug trafficking in the Caribbean; 55 percent of the cocaine produced in South America travels via the Caribbean, including Guadeloupe. Customs data indicate that there was a 22 percent increase in drug-related arrests in the French Caribbean departments (Guadeloupe, Martinique, Guyane) from 2001 to 2002; a 34 percent increase was noted from 2002 to 2003. Drugs, especially marijuana and cocaine, are transported via postal, naval, and aerial services from the Guadeloupe to European countries. Cocaine, for example, is liqueﬁed and transported in rum bottles; a man recently died on October 5, 2009, from accidentally consuming liqueﬁed cocaine from a friend’s alcohol bottle. Drug trafﬁcking has, as expected, a high number of negative consequences on Guadeloupe. Drug-related arrests saturate law enforcement agencies and sociomedical structures; indeed, drug dealers often pay smugglers with drugs and therefore supply addiction. Drug trafficking is now presenting a risk to national security. The national police and the gendarmerie are now cooperating with INTERPOL and other agencies so as to control and decrease the amount of drugs imported from South America to Europe through Guadeloupe. The present increase in drug-related arrests in Caribbean countries such as Guadeloupe and Martinique is therefore illustrating the increased local efforts to deter and reduce drug trafficking and drug use in Caribbean territories.

Drug Offenses As illustrated in the preceding section, drug use and trafficking have been problematic issues for the last

decades. There was a 22 percent increase of drug offenses in Guadeloupe from 2007 to 2008. There were 1,778 arrests for drug-related offenses in 2008. One thousand and seventy-nine individuals were arrested for drug use, and 85 offenders were arrested for drug sale and trafficking. One hundred and twenty-four individuals were arrested for various offenses of drug laws. In Guadeloupe, as in metropolitan France, drugs are classiﬁed into four categories: stupefying substances, psychotropic substances, medications, and dangerous substances. Stupefying drugs are heroin, cocaine, Ecstasy, and cannabis. The production and distribution of these substances are prohibited by article 3421-1 of the French Code of Public Health. Penal measures may be avoided by arrestees if they obtain psychological and medical help. Provocation to drug trafficking can lead to ﬁve years of imprisonment and ﬁnes up to 75,000 euros (article L3421-4 of the Code of Public Health). Drug use can lead to up to 1 year of imprisonment, and possession of stupefying substances with intent to sell will incur a maximum sentence of 10 years of imprisonment. Drug dealing may be punished by a maximum of 5 years of imprisonment (article 222-38 of the penal code). Finally, the organization of drug trafficking can result in prison sentences up to 30 years and ﬁnes up to 7,500,000 euros under article 222-34 of the penal code. The lengths of imprisonment listed here can be doubled if these substances are sold to minors or in educational areas.

Crime Statistics As indicated by the French minister of the interior, crime rates in Guadeloupe are slightly higher than in metropolitan areas; the rate of violent crime is increasing and is among the highest of the French departments. There were 63 homicides in 2008; Guadeloupe has the second-highest homicide rate of all French departments. There were 116 rapes, including 71 rapes on minors; sexual assaults have been fortunately decreasing, and the 2008 rape rate represents a 15 percent decrease from 2007. Guadeloupe also has the third national rank regarding robberies; there were indeed 235 robberies in 2008, a 33 percent

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increase from 2007. Burglaries, however, decreased by 3 percent, with 2,610 incidents in 2008. Finally, drug offenses are widespread in Guadeloupe; indeed there were 1,778 arrests for drug-related offenses.

of legal representation partially or entirely. However, this aid does not cover additional expenses related to the trial or ﬁnes imposed to the convicted individual.

Finding of Guilt

Alternatives to Trial

Rights of the Accused

Individuals who are deemed mentally incapable during the completion of their crimes may be referred to psychiatric services instead of incarceration. Article 122-1 of the criminal code declares the accused free from criminal liability if a courtappointed psychiatric expert deems that the accused was mentally incompetent during his or her criminal activity. There are alternatives to trial for drug offenders and juveniles as well. However, the majority of offenses are resolved by trial. Plea bargaining, dispute resolution, and guilty pleas are not allowed under French law.

The code of criminal procedures states that the accused individual must be immediately informed of the crimes or infractions for which an investigation is necessary. If the accused is unable to read or understand the charges pending, an interpreter or any other methods will be used to facilitate communication with this individual. This individual is also allowed to contact family members, roommates, and employers by phone during the ﬁrst three hours of detention (article 63-2 of the code of criminal procedure). The accused also has the right to be examined by a physician and can be granted another visit if the detention lasts longer than 24 hours. A prosecutor or judicial agent can also contact medical serves if deemed necessary. Article 63-5 of the code of criminal procedure also assures that physicians are the only individuals allowed to conduct body searches. Once detained, the accused have the right to have a self-obtained lawyer or a state-appointed lawyer called avocat commis d’office (article 63-4 of the code of criminal procedure). The meetings between lawyers and accused are conﬁdential but cannot last longer than 30 minutes. If the detention lasts more than 36 hours, the accused has the right to another meeting with a lawyer.

Assistance Provided to the Accused L’aide juridique, or legal aid, is available through the French public defender services. This aid is available only to individuals who cannot afford a private defender (article 63-4 of the code of criminal procedure). The accused must prove a lack of ﬁnancial means. The Bureau d’ Aide Jurisdictionelle, a group composed of magistrates and counselors, decides whether this legal aid will cover the amount

Pretrial Incarceration The accused may be incarcerated if accused of an offense for up to three years pretrial. The average length of preventive detention is four months. These individuals are not incarcerated with convicted offenders; they are housed in separate correctional facilities.

Investigation The beginning of an investigation is led by law enforcement officers. However, prosecutors or juges d’ instruction (in the most serious cases) seek to establish whether prosecution of an individual is justiﬁable. All investigations are supervised by the judiciary. Judges are also required to investigate and obtain evidence incriminating an accused individual. Those judges are a charge et a decharge, meaning that they are responsible for ﬁnding evidence linking a suspect to a particular crime. These judges can also seek evidence proving the innocence of the accused. Indeed, defendants are not allowed to conduct their own investigation. Also, the judges can transfer their judiciary powers to police officials using a commission rogatoire. Finally, judges have

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the right to emit search, seizure, and arrest warrants. They can also meet with suspects at any time and can order preventive detention.

The Courts There are multiple courts in Guadeloupe. Following the reorganization of the criminal justice system in the three years prior to 2009, courts are now mainly located in two geographical poles: BasseTerre and Pointe-a-Pitre. Civil matters are handled by the tribunal d’instance and the tribunal de grande instance. There are currently two of these types of courts, respectively located in Basse-Terre and Pointe-a-Pitre. The instance court handles civil matters (under 10,000 euros). This court is headed by one judge assisted by a clerk. This professional magistrate is in charge of all aspects of civil justice during proceedings; this magistrate is also in charge of handling citizenship requests and civil matters involving minors. The court of grande instance handles cases (over 10,000 euros) such as divorces and matters of real estate law. This court is headed by three magistrates who are professional judges; they handle procedural law and sentencing. A commercial court and the Conseil des Prud’Hommes, in charge of litigation regarding work contracts, are located at Basse-Terre and Pointe-a-Pitre; an administrative court handling cases involving the department or the state is located at Basse-Terre. Traffic violations and infractions are handled by police courts located at Marie-Galante, Saint-Martin, Pointe-a-Pitre, and Basse-Terre. The tribunal correctionnel or correctional courts processes the delits. Finally, the criminal court, or Cour d’Assises, processes criminal cases. This court is composed of a judge-president and two assessors. These magistrates passed a speciﬁc national exam and attended law school to belong to this court. There is one assize court in each French department including Guadeloupe. This court is located at Basse-Terre and is held once every 3 months for a maximum of 15 days. The judges generally travel from metropolitan France to hear these criminal cases. Finally, two appellate courts are available in Guadeloupe. The Cour d’Assises d’Appel handles appellate cases and

is located in Basse-Terre; it meets on a case-by-case basis. A civil appellate court is also located at BasseTerre and processes civil and correctional cases. As illustrated here, Basse-Terre has become the most important judicial pole in Guadeloupe; restructuring, however, may change the geographical repartition of the different courts.

Juveniles The French juvenile criminal system was created in February 1945. Its primary goals are the reinsertion and rehabilitation of offenders between the ages of 13 and 18 years. Juveniles are handled by a separate system including specialized judges and magistrates. Also, speciﬁc facilities were created, preventing juvenile offenders from having contact with the general inmate population. Juveniles judged as adults, however, can be housed in the general inmate population. Finally, each department is responsible for its juvenile system. The family court of Guadeloupe therefore handles all cases involving juvenile offenders.

Punishment Types of Punishment There are numerous types of punishment in the French criminal justice system. These include ﬁnes, electronic monitoring, suspended sentences, probation, community service, reparations, postponement of sentence, incarceration, and half-imprisonment (day in the community, night in a correctional facility). Illegal immigrants can also be expulsed from the French territory if they are convicted of any type of infraction.

Homicide The typical punishment for murder is up to 30 years of imprisonment. If the murder is connected to other crimes, facilitates another crime, or targets witnesses, the sentence can be increased to life in prison without possibility of parole. Premeditated murder is punishable by life imprisonment. If a murder is committed against an individual under

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15 years old or is accompanied by a sexual assault or torture, the defendant will have to serve a minimum of 30 years in prison. Also, the murder of disabled individuals and pregnant women will result in life in prison. Finally, the murder of a public official or witness in a criminal case will also be punished by up to life in prison.

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of controlled substances by an organized group can lead to incarceration terms up to 20 years.

The Death Penalty The death penalty was abolished in all French territories on October 9, 1981. Corporal punishment is also illegal.

Rape Rape is punishable by up to 15 years in prison. If this offense causes mutilation or permanent disability, the sentence will be increased to up to 20 years in prison. Also, the rape of a minor or a natural ascendant or a rape involving the use of a weapon will be punishable by 20 years of imprisonment. Finally, the death of a rape victim or the torture of a rape victim will lead to life imprisonment.

Theft Larcenies are punishable by up to 3 years of imprisonment as well as a ﬁne of 46,000 euros (article 311-3 of the penal code). Violence against the victim will increase a potential sentence to up to 5 years of prison and/or 100,000 euros in ﬁnes. Theft can also be punished by up to 7 years in prison if two aggravating circumstances such as violence against the victim and degradation of private property occur during the commission of the crime. The presence of three aggravating circumstances could lead to up to 10 years of imprisonment. Finally, the use of weapons during theft or larcenies committed by groups can lead to imprisonment of up to 30 years for all offenders involved.

Drug Offenses The most serious drug offense consists of the management and organization of a drug trade: production, fabrication, export, transportation, offer, and sale of narcotics. This offense is punishable by life imprisonment and up to 8,000,000 euros according to article 222-34 of the penal code. Articles 222-35 and 222-36 also state that the production and fabrication of drugs can lead to 20 years of imprisonment if committed alone. The fabrication and production

Prisons There are two correctional facilities in Guadeloupe: the center of La Baie-Mahault and the facility of Basse-Terre. The largest penitentiary center of Guadeloupe is located at la BaieMahault. This facility was opened in 1996 and is located near swamps, 10 minutes from the international airport of the Pole-Caraibes. This facility has the only psychomedical center located in Guadeloupe; it can house 504 inmates divided into different sections. There are 27 cells for women, 188 cells for adult men, 17 cells for minors, 232 cells for pretrial detention, and ﬁnally, 8 cells for semi-liberty inmates. Eight individuals can also be detained in the “service medico-psychologique regional” (SMPR). The penitentiary of Basse-Terre, located in the city of Basse-Terre, can hold up to 130 offenders. This facility works in coordination with the center of la Baie-Mahault and houses only individuals on pretrial detention or offenders whose incarceration does not exceed one year. Certain imprisonment guidelines are applied to all French correctional facilities, including the prisons located in Guadeloupe. Individuals placed on preventive detention are allowed a minimum of three visitations per week. Other inmates are allowed a minimum of one visit per week. Visitors of inmates must bring identiﬁcation documents. French inmates have numerous privileges, which include receiving mail, keeping certain personal items, watching television, and having access to sport facilities. Inmates are also allowed to work, but work is not mandatory. They can be paid up to 2.26 euros/day. Inmates also receive social security beneﬁts while incarcerated (up to four years).

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Finally, French inmates can vote during their imprisonment. As in metropolitan France, inmates are not required to work or attend classes. However, multiple educational programs are offered to all inmates in the facility of la Baie-Mahault. Inmates can participate in sawing, construction, agriculture, and sport classes. Offenders are also offered programs such as electronic maintenance and business creation. Finally, inmates have access to rehabilitation and reading classes. The length of these classes ranges from 3 to 24 months; these classes welcome up to 20 inmates per session.

Extradition A law passed on March 10, 1927, asserts that only non-French citizens can be extradited from any French territory, including Guadeloupe. According to article 2 of the law, the extradition is permitted only if the individual is charged with or convicted of a crime. The accused individual must have been sentenced to two months or more of imprisonment or must be facing up to two years of imprisonment if extradited. As indicated in article 5 of the law, the individual will not be extradited if he or she is French or is being extradited for political reasons. Finally, the individual cannot be extradited but then punished for a crime other than the one for which he or she has been extradited. Anne-Laure Del Cerro Further Reading Bell, John, Sophie Boyron, Simon Whittaker, Andrew Bell, Mark Freedland, and Sylvia Hargreaves. (1998). Principles of French Law. New York: Oxford University Press. Bellenus, Rene. (1998). L’Esclavage en Guadeloupe et en Martinique du XVIIème au XIXème siècle. Pointe-a-Pitre: Editions Jasor. Institut National de la Statistique et des Etudes Économiques, France. Justice: http://www.insee. fr/fr/themes/tableau.asp?reg_id=0&ref_id= NATTEF05305.

Kock, Gerald, and Richard S. Frase. (1988). The French Code of Criminal Procedure. American Series of Foreign Penal Codes 29. Littleton, CO: Fred B. Rothman. Ministère de l’Intérieur, de l’Outre-mer et des Collectives Territoriales, France. La Guadeloupe: http://www.outre-mer.gouv.fr/. Site de l’Etat en Guadeloupe, France. Securite Publique: http://www.guadeloupe.pref.gouv.fr/ sections/les_actions_de_l_eta/securite_publique.

Guatemala Legal System: Common/Civil Murder: High Corruption: Medium Human Trafficking: Medium Prison Rate: Low Death Penalty: Yes Corporal Punishment: Yes

Background The Republic of Guatemala is located in Central America and shares borders with Mexico in the north, Honduras and El Salvador in the south, and Belize in the northeast. It is also bordered on the west by the Paciﬁc Ocean and on the southeast by the Caribbean Sea. There are 22 departments, or states, in Guatemala, which are further subdivided into more than 300 municipalities. Although profoundly impacted by the Guatemalan Civil War, which was fought between the years 1960 and 1966, making it the longest civil war to occur in Latin America, the country has emerged relatively stable over the decade prior to 2009. Recent immigration trends and continued sophistication of global technologies have all affected the cultural trajectory of Guatemala. The projected population estimate for Guatemala for mid-2008 was just over 13 million persons. Current estimates show that 1.2 million Guatemalans, approximately 10 percent of the global Guatemalan population, reside in the United States. About 60 percent of

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Guatemala

these are undocumented, although ﬁgures from the U.S. Census do not necessarily reﬂect this estimate. The Guatemalan justice system, like much of Latin America, was historically based on a codiﬁed civil law or inquisitorial model of criminal justice. Often contrasted with the common law system prevalent in the United States, the civil law model of justice has its roots in both French and Italian legal systems. In 1992, Guatemala became the ﬁrst country in Central America to completely reform its criminal procedural code, which became effective in 1994. In the 15 subsequent years, the Guatemalan legal system experienced a number of reforms that have dramatically transformed the former inquisitorial model to an accusatory model. There are major differences between the two, and there is some evidence to suggest that attorneys and other legal actors in Guatemala have experienced some difficulties in adjusting to the new system. Perhaps the most signiﬁcant area of change has been in the role of the judges, who are now less active, and the prosecutors, who have much greater responsibility in investigating and providing evidentiary arguments. Indeed, the shift toward oral trials has been an adjustment for all participants.

Crime Classification of Crimes There are two basic categories of crimes in Guatemala: faltas and delitos. Faltas are the less serious type and include crimes such as public drunkenness, minor assaults, petty thefts, animal cruelty, and so on. Serious crimes in Guatemala are referred to as delitos. Delitos include such charges as homicide, serious assaults, rape, robbery, and thefts of larger amounts. Prison terms for delitos range from 1 month to 50 years. Delitos can also include ﬁnes as small as 10 but not exceeding 200,000 quetzales (10 quetzales are approximately equivalent to US$1). Normal conﬁnement periods for faltas, referred to as the penalty of arrest, are from 5 days to 60 days. Under no circumstances can a perpetrator charged with a falta be held in conﬁnement for more than 1 year according to the Guatemalan penal code, article 480.

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Fines that a judge may impose depend on which type of crime the offender is convicted. According to the penal codes, ﬁnes should be reasonable considering the economic capacity of the offender, including considerations of their income, housing expenses, employability, and familial responsibilities. Normally, ﬁnes must be paid within three days of the judgment, but payment plans may be approved in certain situations. Failure to pay ﬁnes may lead to incarceration. Although not considered to be a ﬁne per se, individuals who do not pose great threat to society and who are sentenced to less than ﬁve years in prison, not including habitual offenders and those convicted of robbery or serious larceny, can have their prison term commuted by paying an amount as ordered by a judge. This adjustment in the conﬁnement sentence is regulated to cost between a minimum of 5 quetzales (approx. US$0.62) and a maximum of 100 quetzales per day of sentenced incarceration. Several different classiﬁcation levels are possible for inmates sentenced to conﬁnement in Guatemala. Besides traditional prisons, sentenced persons may be required to serve time in inpatient psychiatric facilities, agricultural or industrial work camps, vocational or educational work centers, or other specialized treatment facilities. Certain types of restraining and limited freedom orders that prohibit offenders from visiting or making contact with certain areas or individuals can also be imposed. House arrest is also a sanction option. The Guatemala penal code clearly deﬁnes delitos and their corresponding penalties. A charge of simple homicide carries a penalty of 15 to 40 years in prison. Other types of crimes that result in the death of another person carry a range of penalties. For example, a homicide committed during an act of emotional rage carries a sentence of 2 to 8 years. Assisting a suicide has a penalty of 5 to 15 years. A woman convicted of infanticide, deﬁned as the killing of a child between birth and 3 years old by a mother with intimate motives affected by indubitable psychiatric strain, has a possible prison sentence of 2 to 8 years. A person found guilty of assassination will be subject to the death penalty.

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Guatemalan antidrug police prepare over 7,000 pounds of cocaine for incineration in Guatemala City, October 8, 2003. (AP Photo/Rodrigo Abd)

Injurious crimes, violent acts harming another person but not intended to cause death, may carry a charge of 3 to 10 years. Certain speciﬁc violent acts, such as castration or other sexual mutilation, have penalties of 5 to 12 years. A variety of other injury crimes are speciﬁed in great detail in articles 146 and 147 of the Guatemalan penal code. Kidnapping offenders will serve between 1 and 3 years in prison. Rape is deﬁned as forcing a woman either physically or through some other manner to have sex against her will. Incidents of sex with females under age 12 are also considered rape. Incidents of rape involving multiple attackers; situations where the perpetrator is a parent, teacher, or other appointed guardian; and circumstances where the victim suffers great bodily harm are considered aggravated, and offenders are subject to penalties of incarceration between 8 and 20 years.

Larceny and theft charges carry penalties of 1 to 6 years depending on the circumstances and amount of the theft. Aggravated thefts, which include looting during times of public crisis, conspiracies, crimes against travelers, and thefts of ﬁrearms, include penalties ranging from 2 to 10 years in prison. Aggravated robbery, deﬁned as any intended theft involving a weapon or threat of physical violence, carries a penalty of 6 to 15 years. Other types of crimes that are considered aggravated robberies include attempted robberies using a disguise or mask; train, boat, airplane, or automobile robberies; and attacks involving banks or industrial, commercial, or other businesses. Faltas are less serious crimes that have corresponding less punitive consequences. Persons charged with faltas may be held in a local conﬁnement facility or more commonly in a prison. The conﬁnement period for a falta charge, known

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Guatemala

as the pena de arresto, normally does not exceed 60 days. For example, if an individual were to cause an injury to a person, causing the injured person to be unable to work for up to 10 days, that individual would face between 20 and 60 days in conﬁnement. This same charge would be placed against any person convicted of ﬁnding an abandoned or unattended child under the age of 12 and failing to deliver him or her to safety. Similarly, failing to help an injured person in need of assistance would be considered a falta punishable by 20 to 60 days in prison. A person who mistreats his or her domestic partner could face 15 to 40 days of incarceration. If, however, this mistreatment results in more serious injuries, the perpetrator may receive a more punitive charge. Damage to property such as vandalism is also considered a falta. Damage to a victim’s property with a value less than 100 quetzales (approximately US$10) carries a charge of 20 to 60 days. Less serious types of fraud including interpreting dreams, divination, and fortune telling can also be subject to criminal penalties under the penal code. A person who accidentally kills or wounds another person’s animal is normally required to recompense the injured party at the common value of the animal. Other lesser charges such as public drunkenness have possible penalties ranging between 10 and 50 days.

Crime Statistics Between 2004 and 2006, the number of arrests for criminal offenses made by the Guatemalan National Civilian Police decreased by 26 percent, from 50,259 to 37,340. Violent crimes continued to be the most serious threat to public safety.

VIOLENT CRIME Guatemala is struggling with an increasing violent crime rate. In 2006, the Inter-American Commission on Human Rights reported that the murder rate in Guatemala, 70 homicides per 100,000 people, was the highest in Latin America. This report is supported by official police ﬁgures for violent deaths:

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approximately 5,885 Guatemalans suffered violent deaths in 2006. Five hundred more persons died violently in 2006 than in 2005. The violent death rate had increased by 60 percent since 2003. In a recent span of ﬁve years, special attention underscored the rise in female murder victims between 2001, when 303 women were murdered, and 2006, when the total climbed to 603. The situation in Guatemala is often cited as an example of femicide. More than 2,500 unsolved murders of girls and women have occurred in Guatemala since 2001. Guatemala’s murder conviction rate is in the single digits, with some reports claiming that the clearance rate for murder is less than 2 percent. As a result of this lawlessness and the resulting allegations of corruption and incompetence, in early 2007, the International Commission against Impunity in Guatemala (CICIG) was established in an effort to improve the situation. In 2007, the United Nations Development Programme (UNDP) produced a statistical report on violent crimes in Guatemala. Composed of six victimization surveys, the report helped to explain local perceptions and attitudes toward issues of violent crime. Interviews were conducted in 639 households in Guatemala City; 2,725 people above the age of 18 were included in the sample. In 37.3 percent of the homes, at least one member of the family reported being affected by crime in the preceding six months. Eighty percent of these cases were muggings, robberies, or theft. A considerable majority of these crimes (74.9 percent) were not reported to the police. There were several reasons for this failure to report crimes to the police. The majority of the respondents (59%) said it was useless to report crimes; 13.1 percent did not feel that the crimes were serious enough to report; and 9.7 percent said they did not report crimes committed against them because they were afraid of reprisals. The lowest violent crime rates in the country are found in rural areas inhabited by indigenous people; these areas are also the poorest parts of Guatemala. Violence generally occurs in municipalities that are less poor and have lower indigenous populations. The high prevalence of violence is in part exacerbated by several cultural traits. Guatemala is one of

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fewer than a dozen countries in the world that continue to have “honor defense” statutes according to the United Nations. In the case of rape, for example, the honor defense presumes that a woman’s honor is restored when she marries the man who raped her. Marriage is also considered reparation for the victim. The results of the UNDP study show that men in Guatemala City are more affected by crime than women are; however, men feel safer than women. Furthermore, the study shows that a considerable majority of both victims and perpetrators are between the ages of 18 and 35. There is a general uneasiness among the people in Guatemala as a result of unchecked violent crime. According to one of the surveys, 61.5 percent of the respondents mentioned that they worried about crime more than anything else; the second most common answer was unemployment, which was mentioned by 14.7 percent of the respondents. As the report suggests, quality of life is decreased if a person must constantly worry about safety. In the poorest neighborhoods of the capital, extortion is common; people often have no choice but to leave their homes, jobs, and old lives to avoid being murdered.

DRUGS, GANGS, AND CRIME Guatemala is a major stop on air, road, and maritime routes by which illegal narcotics, especially cocaine, travel from South America through Mexico to the United States. Approximately 150 tons of cocaine are transported through Guatemala annually; it is estimated that 10 percent of that stays in Guatemala to be consumed locally. Guatemala was a source of opium poppies in the late 1980s and early 1990s, but the majority of the poppy crop has been eliminated by manual and aerial eradication operations that were conducted between 1990 and 1996. In 2004, Guatemala eradicated over 5.4 million poppy plants, or 181 hectares, yet poppy cultivation is once again a problem. The United States National Drug Threat Assessment maintains that in 2004 Guatemala could potentially produce 1.4 metric tons of heroin, whereas Colombia

had the potential to produce 3.8 tons. The U.S. and Guatemalan governments are continuing to focus on narcotics-related threats in Guatemala. These threats include cocaine transshipment, government corruption, diversion of precursor chemicals, money laundering, increase in domestic drug abuse, and controlling cultivation of opium poppy and marijuana crops. Drug-related convictions are common in Guatemala, although a relatively low percentage (1.2 percent) of Guatemalans aged 15–64 had used cocaine during the past 12 months in 2006, according to a UNODC report. Drug trafficking is a problem that continues to garner a serious portion of Guatemala’s criminal justice resources. Recently, Guatemala has become a more important transit point in cocaine trafficking, giving criminals in Guatemala a greater amount of economic clout. Trafficking of pharmacological drugs, “stupefying” drugs, and all other types of illegal drugs or material used to make illegal drugs may be sanctioned with penalties ranging from 3 to 5 years in prison plus ﬁnes from 500 to 5,000 quetzales. Trafficking charges are considered aggravated if the activity occurs nears a school, involves minors, occurs across international boundaries, or involves professionals in positions of inﬂuence (i.e., medical doctors, chemists, pharmacists, dentists, teachers, ministers, midwives, nurses, etc.). Another factor important to the overall crime situation in Guatemala is the increase in members of youth gangs, or “maras.” Some sources estimate that these gangs have more members than the 19,000-strong police force; more conservative estimates approximate somewhere in the neighborhood of 14,000 youth gang members in Guatemala. Government officials estimated that there were approximately 111 gang members per 100,000 people in the population in 2005. There were a total of 434 gangs identiﬁed in the same year, with memberships totaling 14,000 and a mean gang member size of 32 individuals. In Central American countries, only Honduras has more gang members. However, the true effect of these maras may not be as great as some authorities fear. In several perception and attitude surveys conducted by the United Nations,

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Guatemala

interviewees said that they believe that common thieves, not members of maras, are responsible for most of the crimes in their neighborhoods. Another UN study appears to similarly question the overall impact of gangs in Guatemala. An analysis of 427 intentional homicides that occurred in January 2006 found that only 58 incidents, or 14 percent, had an apparent connection to gang activity. Others argue that criminal gang activity is bolstered by the inﬂux of criminal deportees from the United States who have few social ties. A total of 8,722 individuals have been deported from the United States to Guatemala since 2000.

Finding of Guilt Because of the recent criminal justice initiatives launched by the USAID, the World Bank, the InterAmerican Development Bank (IDB), the United Nations Development Program (UNDP), and others, the Guatemalan criminal justice system’s police, courts, and corrections department have been in constant ﬂux over the past decade.

Police The Guatemalan National Civil Police (PNC) has about 19,000 officers nationwide, a rate of 119 per 100,000 in the population, the second-lowest rate in Central America behind Honduras. Compare this to the rate of 326 per 100,000 in the United States. Many families choose to hire private security guards for their homes because of the sense of vulnerability resulting from surging violent crime rates. It is estimated that there are about three times more private security guards in Guatemala than there are police officers. Private security guards are employed by 10.9 percent of households in Guatemala City. The especially high number of private security guards may also provide evidence of a widespread lack of trust in the justice system, which many feel has been inﬁltrated by organized crime. Efforts to improve law enforcement in Guatemala have also been seriously undermined by discontinuity of leadership. According to a 2007 UN report, between the years 2000 and 2002, there were four ministers of government,

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seven national police directors, and nine directors of the antinarcotics police in Guatemala. This turnover was partly due to corruption, which is a major obstacle. In fact, in 2004 and 2005, 4,000 Guatemalan national police officers were dismissed under allegations of corruption—20 percent of the overall police force. Transparency International’s Global Corruption Barometer annual reports completed in 2005, 2006, and 2007 show that the public believes that the police are the most corrupt sector of Guatemalan society. The national police often suffer from shortages in logistical supplies such as vehicles and fuel. There have been some improvements in this regard in recent years. Also, police officers are not trained sufﬁciently in many areas. The government is currently pursuing officers who are involved in illegal activities; the number of administrative or legal actions taken against officers is increasing. There are problems with crime scene control; common problems are destruction of evidence and contamination of crime scenes. Most crime scene investigations are conducted by court prosecutors because of a lack of trained investigators. Even so, these investigators often must use public transportation to conduct interviews.

Arrest A person who is legally accused of a crime in Guatemala may be arrested or detained by the police. The Guatemalan Constitution requires that a person who is arrested be notiﬁed immediately, orally and in writing, as to the cause of his or her arrest. Every detainee must be explained his or her rights in an understandable way promptly following arrest. Detainees’ speciﬁc right to have an attorney present at all police and/or judicial proceedings is guaranteed by the Constitution. Any interrogation of suspects by police must be conducted by a judicial authority, normally within the ﬁrst 24 hours of arrest, and only judicial authorities have the right to order imprisonment. Persons arrested in Guatemala may be detained only at legally designated public locations. Similarly, trials or other legal proceedings are not

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allowed to take place at secret or otherwise nonpublic locations. Probable cause is required in Guatemala before a legal arrest can occur, and there is a presumption of innocence for all arrested persons. All parties involved, the prosecutor, the detainee, the victim, and defense attorneys, have the right to obtain and have access to all evidence and procedural documents. Finally, the Guatemala Constitution provides that defendants cannot be forced to incriminate themselves in any testimony. Spouses and legal relatives are also excused from being forced to testify against a defendant. Guatemalan citizens have the right to privacy, and search warrants must be obtained in writing before police can search a property. Similarly, a warrant must be obtained before any communication can be recorded or seized, including all written materials, telephone, cable, radio, and other correspondences available through various technologies. After a warrant is obtained, the citizen, or the citizen’s appointed representative, has the right to be present during the search. No searches are allowed before six in the morning and after six in the afternoon. Finally, all Guatemalan citizens have the right to ﬁle a petition in court, individually or collectively, should they feel that their rights have been violated.

Courts The Republic of Guatemala has three main branches of government: the executive, the legislative, and the judicial. The judicial branch of government enforces the laws and procedures according to the Guatemalan Constitution, the laws of judicial organization, civil codes and civil trial rules, and the corrections system. The Guatemalan court system has four levels. The highest court is known as the Supreme Court. Lower courts include the Second Instance Court, the First Instance Court, and the local justices of the peace. The Supreme Court is the highest court and is responsible for the national administration of justice, including developing budgeting priorities and assigning human resources. The Supreme Court makes decisions on constitutional matters. The Guatemalan attorney general

represents the country and defends state interests in legal matters. The state attorney for human rights serves as a delegate to the National Congress and is assigned to investigate and prosecute reported human rights abuses. The Ministry of Government is responsible for civil security, including the administration of the national penal system and the National Civil Police. Finally, the Institute for Public Penal Defense is available to provide legal aid to citizens seeking public defense.

Prosecution Criminal prosecution proceeds through three stages: a probable cause hearing, an oral trial, and an appeals procedure. The process sometimes takes over a year to complete. According to the Guatemalan Constitution, the defendant is presumed innocent; the prosecutor must prove that the defendant is guilty beyond a reasonable doubt. No person can be detained unless an official charge has been levied against him or her. An arrest warrant must be issued by a court to arrest a suspect, unless the individual is caught while committing a crime. Once an individual is arrested, the Guatemalan Constitution requires that the court review the case within six hours and that the defendant appear before a judge or justice of the peace within 24 hours. All persons in Guatemala have the right to have a defense attorney, and one will accompany them to the pretrial detention hearing. At this ﬁrst appearance hearing, the judge decides whether the individual must remain in custody to await trial. Many charges, including all drug-related offenses, require pretrial detention, but there are some alternatives to incarceration, including bond and house arrest, although, according to the Guatemalan Institute of Comparative Studies in Penal Science, these alternatives are used in less than 5 percent of all cases ﬁled. A person accused of a crime in Guatemala can be charged with either a falta or a delito offense. According to the Guatemalan criminal code, pretrial detention should not exceed one year if the charge is a delito, or the amount of time under one year that the defendant would be sentenced to if convicted.

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Guatemala

Following this initial pretrial hearing, the prosecutor will conduct a preliminary investigation that must be completed within three months. During this three-month period, the prosecutor attempts to gather sufficient evidence to determine whether the defendant is responsible for the alleged crime. Any time extension beyond the initial three months requires court approval for individuals in state custody, and the prosecutor must provide sufficient cause to continue the investigation. For situations where the defendant is out on bond or under house arrest, the court automatically allows for a time extension while the prosecutor conducts the preliminary investigation. All Guatemalan citizens have the right to ﬁle a petition of habeas corpus on behalf of individuals who are missing or have been illegally detained. Such petitions do not have to be ﬁled by a Guatemalan attorney, as is required for many other types of petitions. Bureaucratic processes signiﬁcantly affect how long it takes for an individual to go to trial. In some cases, a trial date may not be set until over a year after the crime was committed. The system is largely paperdriven, and there is evidence that reliance on written documents, especially handwritten ones, may substantially affect how quickly cases are heard. According to the Institute of Comparative Studies in Penal Science, it can take several weeks before a suspect can be moved from a detention facility to the courthouse. Another concern is the difficulty that arises as a result of many witnesses not showing up for court, and an improved witness notiﬁcation system is sorely needed. This failure of witnesses to appear causes almost half of all trials to be postponed. The prosecutor has an incredibly important role in the Guatemalan justice system. The prosecutor plays an integral part in the process of the investigation as well as in evidence gathering. Prosecutors are also responsible for conducting interviews and working closely with law enforcement officials, especially local police who do not have the capacity or training to conduct more extensive investigations. Whereas judges may have a far more active role in a purely civil law system, the court’s involvement in Guatemala is largely supervisory and limited to authorizing searches, seizures, and arrest warrants.

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PLEA BARGAINING Individuals are eligible to have their case handled by plea bargain if the offense that they are charged with carries a penalty of ﬁve years in prison or less. The accused and their lawyer must agree to the plea bargain, and it must be approved by the court. The Guatemalan “abbreviated procedure” was originally applicable to crimes punishable by a maximum of two years but has now been extended to those punishable by no more than ﬁve years (§ 464 CCPGuatemala, as amended in 1997). Similarly, the “abbreviated procedure” in Guatemala also allows for suspension of imposition of prison sentences up to three years and commutation of sentences up to ﬁve years. In Guatemala, around 25 percent of all convictions were achieved via “abbreviated procedure” from 1996 to 1998. After the preliminary investigation is completed, the intermediate phase begins. At this stage, the prosecutor must establish probable cause before the court to continue the case. The judge will determine whether the evidence is sufficient to continue to oral trial. This intermediate phase hearing is the ﬁrst time that the defense attorney is allowed to contest and exclude any evidence obtained illegally or any witness statements collected under conditions of duress. Once the prosecutor has presented the initial evidence, and the defense attorney has had an opportunity to challenge it, the judge issues a written opinion either allowing the case to proceed to oral trial or ordering the case to be provisionally closed. The judge may also stay the case pending additional evidence. If the case goes to trial, both the defense and the prosecutor will produce witness and evidence lists. The court will then issue subpoenas as necessary to compile all of the necessary evidentiary requirements of both sides. Also, either party can at this point ﬁle any petitions for recusals or other objections to any evidence or setting venue. The oral trial is held before a three-judge panel, and all evidence is presented. At this time, all witness statements are reviewed, and opportunities to cross-examine are allowed. Once all the evidence is presented, the threejudge panel will issue a written ﬁnding of guilt or

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innocence, which provides justiﬁcation for their decision based on speciﬁc evidence presented. If there is a ﬁnding of guilt, the panel of judges also determines the sentence for the convicted individual. The Guatemalan Constitution does allow for an appellate process, but normally, appeals consider only issues of procedural law and do not review details of the case.

Court System Reforms There have been two main periods of judicial reform in Guatemala. The ﬁrst period, largely sponsored by the U.S. Agency for International Development (USAID), occurred in the mid- to late 1980s. This program, which was divided into two projects, one handled by Harvard and one by USAID, was ﬁnanced from 1987 through 1991, during the continuing civil war. Although there were changes in the legal system as a result of these reforms, they did not meet their established goals, and when the project ended, there was little or no follow-up by the Guatemalan counterparts. The second period of foreign aid for legal development was sponsored by USAID, the World Bank, the Inter-American Development Bank (IDB), the United Nations Development Program (UNDP), and others. Starting in the mid-1990s, there have been real improvements in the Guatemalan judicial system as a result of this initiative. The criminal code has been reformed to include due process protections and the right to a public defender. Investigations and prosecutions have been assigned to the Public Ministry ( judges formerly handled much of this); trials have been made more open and public. There have been some changes in the appointment and training of new judges; there is improved access to the justice system, especially for the indigenous. The main objective of this second project was to create an effective, accessible, and credible justice system that would apply laws consistently and fairly and inspire public conﬁdence. According to the 2004 Global Corruption Barometer Report, a study done by Transparency International, 37 percent of respondents felt that judges are susceptible to bribery. Before the USAID project, less than 30 percent of the country had any judicial coverage;

as a result of the project, there were approximately 500 judges in the Guatemalan court system (one per 22,000 inhabitants) in 2006. Nearly one-ﬁfth of the judgeships statewide are held by females. Every municipality in the country now has at least one justice of the peace, half of whom are women. Another important reform has been the method by which judges are selected. All judges are hired solely on the basis of competitive examinations, and the Code of Ethics established in 2001 strictly establishes expected conduct. This judicial reform project, which is also being expanded to El Salvador, Honduras, and Mexico, has made a number of signiﬁcant improvements in the Guatemalan judiciary system. Two regionallevel justice centers and one departmental-level justice center have been opened, and nearly 200 new justice of the peace courts have been implemented under the project. These improvements have increased the ratio of judges to approximately 6 judges per 100,000 people in the population. In 2003, two mobile courtrooms, located inside buses, traveled around the country to provide free mediation, dispute resolution, and information services to people in remote areas. In the ﬁrst year of its operation, the service beneﬁted more than 6,000 people; 63 percent of those were women. Additionally, 25 mediation centers have opened and are providing mediation services in indigenous languages, which is consistent with the targeted emphasis on cultural sensitivity training throughout the justice system. Since 2001, more than 22,000 disputants have sought mediation, of which almost half have reached agreement. Finally, this project has underscored the need for improved use of technology. Two dozen criminal records offices are now networked across the country, and the General Archive of Protocols Ofﬁce has been automated and decentralized. These innovations have allowed unprecedented transparency, speed, and access to information.

Judicial Qualifications In Guatemala, the requirements for becoming a judge or magistrate are set forth in the Constitution. Judgeship appointments are issued by the Supreme Court. To be eligible for an appointment, a

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Guatemala

person must be a native Guatemalan citizen in good standing and also be a registered attorney. A normal appointment lasts ﬁve years, although judges can be reappointed for a second term. During an active appointment, a judge may not be removed from office unless appropriate legal steps have been followed. There are 13 Supreme Court justices in Guatemala. Supreme Court justices must be at least 40 years old and are elected by the Congress of the republic for ﬁve-year terms. The representative committee in charge of nominations is made up of university rectors and deans of recognized law schools throughout the country and equal numbers of representatives from the General Assembly of the Association of Lawyers and Notaries and judges from the Court of Appeals. This committee nominates 26 candidates. The election of candidates requires a two-thirds vote of the members of the nominating commission. Finally, appeals court judges must meet all the requirements of lower-court judges but must be at least 35 years of age. They also must have served ﬁve years as a judge in the First Instance Court. They are elected in a process similar to that for Supreme Court justices, requiring a nomination process by a similar judicial commission of twice as many people as there are judgeships. Election to the Court of Appeals requires a two-thirds vote by the members of the commission.

Punishment Guatemala’s incarceration rate is 68 prisoners per 100,000 adults in the general population. It is possible that this low incarceration rate is due to failure to obtain convictions rather than policies designed to decrease prison numbers. Article 19 of the Guatemalan Constitution deﬁnes the laws of conﬁnement and the rights of prisoners held in the prison system. The stated purpose of the Guatemalan prison system according to the Constitution is the social rehabilitation of offenders. The Constitution provides clear language disallowing any type of coercion, abuse, extortion, torture, or other cruel treatment to detainees. In April 2003, there were a total of 8,307 individuals in state custody, for a total incarceration rate of 71 prisoners for every 100,000 people in the population. Approximately

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90 percent of all incarcerated individuals are males ages 18 to 35 who have not yet completed their primary education. Based on national statistics, 39 percent of inmates are already sentenced, and the remaining detainees are awaiting trial or otherwise being processed. The percent of individuals convicted, compared to the overall number of individuals incarcerated, has varied considerably over the years. In 1996, 74 percent of those incarcerated were not sentenced. In 1999, this ﬁgure had dropped to 64 percent, and by 2002, the rate was at 47 percent, but it increased one year later to 61 percent. There are 17 prisons located throughout the country, including 3 federal facilities. The Guatemalan prison system is crowded. Designed to accommodate 6,824 persons, the prison system currently houses 8,307 and is thus 22 percent above recommended capacity. The Guatemalan prison system employs around 1,650 employees, of which 917 are prison guards. The remaining employees are administrative and professional staff. Additionally, there are 22 medical doctors, 27 nurses, and 2 dentists who each work four hours a week to meet the needs of the prison population. In 2005, the national penal system had an operating budget of 141,626,033 quetzales (equivalent to just over US$18 million). At the end of 2006, the Guatemalan prison system had a total of 8,359 persons incarcerated, of which 3,952 (47 percent) were already sentenced, and the remaining 4,307 (52 percent) were presentence detainees being held on delito charges. One hundred arrestees were being held on falta charges only. According to the administrative offices of the national penitentiary system (Dirección General del Sistema Penitenciario), the number of prison beds as of the end of 2005 totaled 7,044 spaces distributed throughout 18 different facilities. Six of these facilities are dedicated as facilities for sentenced inmates, and the other 12 are mostly dedicated to unsentenced individuals. The National Civil Police operate an additional 27 smaller detention centers with approximately 450 beds. There has been a concerted effort since the mid-1990s to combine and regionalize the various prison facilities in the country. Historically, there were as many as 45 different prison facilities.

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Prisoners are eligible for a reduction in their overall sentence for “good time.” Article 44 of the penal code allows prisoners who have served threefourths of their sentence to be released on a type of parole. If any new offenses are committed prior to the offender completing his or her original term of sentence, the offender is required to complete the remaining sentence in prison while awaiting the additional potential penalties of the new offense. Prisoners are required to work while incarcerated according to the penal code. This work, however, is paid labor, although remuneration can occur in several different ways. The types of jobs assigned to inmates take factors such as age, gender, training, and physical condition into account to ensure appropriate assignments. Inmates over 60 years of age and those with physical impairments or illnesses are not required to do mandatory labor. Wages for prison work may be applied to retribution fees resulting from any damages caused by the inmate. Funds may also be applied to any account charges that the inmate may have occurred during his or her incarceration for food and other personal items. Earnings may also be invested to help the inmate improve his or her productivity. Some inmates also choose to conserve their pay in a type of savings fund for use upon their release. Many inmates remit a portion of their earnings to their families. The Guatemalan prison system faces a number of structural challenges. First, the available programming and efforts toward rehabilitation are sorely lacking. There is little consistency between the stated goals of the penitentiary system and what steps are being taken to achieve them. In short, programming infrastructure is inadequate. Second, overcrowding is a perpetual problem that exposes other aspects of an inadequate infrastructure. Much of this crowding is driven by drug possession charges and lesser misdemeanor charges. Third, some observers have noted the precarious lack of basic services in some facilities, including lack of consistent access to potable water (93 percent of facilities report water shortages), lack of showers (1 for every 57.4 inmates), lack of commodes (1 for every 32.2 inmates), food shortages and poor-quality food, and lack of telephone communications. Furthermore, medical services to inmates are limited, with

many facilities offering four hours of medical appointments each week. Additional sources of concern for Guatemalan prison authorities are how to effectively manage vulnerable populations including those with mental illness, women, and indigenous populations and high-risk populations including gang members. According to the Guatemalan Institute for Comparative Studies in Penal Science, in 2006, there were 49 cases of torture reported in ﬁve different prison facilities. These same ﬁve facilities also had at least 42 reported cases of less serious mistreatment. Experiences of female inmates, especially in detention centers operated by the National Civil Police, are also precarious; there are numerous reports of sexual abuses. Nearly one-fourth of all Guatemalan inmates are indigenous, and most of them are not primary Spanish speakers. There is some evidence to suggest that these indigenous inmates are often required to accept menial work assignments to survive while in prison. Mentally ill inmates are offered little in the way of treatment while incarcerated. The prisons in Cantel, Pavón, and El Boquerón have no services at all for inmates suffering from mental illness. Gang members are held under some of the most restrictive and tortuous conditions. They experience food restrictions and are not allowed to receive books or other reading materials. Some are forced to sleep on the ﬂoor in tightly restricted spaces. Medical attention is inadequate, and most suffer from a variety of skin diseases. Finally, gang members and other special populations have inconsistent and arbitrary access to make official complaints about their situations. Corruption in regard to access to privileges within the facilities is common, especially preferential treatment and placement for inmates able to afford bribes. Corrupt prison employees also allow for contraband and other controlled substances to be introduced into the facility.

Death Penalty Although the Guatemalan Constitution does not allow the death penalty for female defendants, those over age 60, political prisoners, or those

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Guyana

facing extradition, the law does allow state executions for kidnapping, rape of children younger than 10 years old, and some drug trafficking-related offenses. However there has been a de facto moratorium on the death penalty for several years, with the last execution occurring in 2000. The de facto moratorium began during the presidency of Alfonso Portillo (2000–2004), after the Guatemalan Congress overturned an 1892 law allowing presidential pardons. Because of the repeal of this law, the government was left with no options to allow death sentences to be commuted or otherwise pardoned. In December 2007, Guatemala voted in favor of a global moratorium on the death penalty before the United Nations General Assembly; however, in early 2008, the Guatemalan Congress voted to approve Decree 06-2008, which would allow presidential pardons to resume. In March 2008, President Álvaro Colom Caballeros vetoed the bill. Acceptable forms of execution in Guatemala include ﬁring squads and lethal injection. In 1996, the execution of two men by ﬁring squad was televised. Another execution was carried out in 1998, also televised, and two were carried out in 2000 by lethal injection. In 2007, nine people had their death sentence commuted to 50-year prison terms after the Inter-American Court of Human Rights (IACRH) ruled that the conviction charges did not meet the deﬁnition for crimes eligible for the death penalty. There are currently 21 people on death row in Guatemala.

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the child to a pretrial detention facility or prison; there the child will await trial and sentencing. Upon sentencing, children may be placed in a facility for youthful offenders because juveniles are not allowed to be housed with adult detainees. Children under 12 years old cannot be prosecuted for crimes, and thus, younger and younger children are targeted for youth gang membership. Wayne J. Pitts Further Reading Fuentes, J. (2005). “Violent Conﬂict and Human Development in Latin America: The Cases of Colombia, El Salvador, and Guatemala.” Human Development Report Occasional Paper No. 10 of 2005. New York: United Nations Development Programme. Guatemalan Institute for Comparative Studies in Penal Science (El Instituto de Estudios Comparados en Ciencias Penales de Guatemala— ICCPG). Source of information on criminal justice in Guatemala: http://www.iccpg.org.gt/. Sieder, Rachel, Megan Thomas, George Vickers, and Jack Spence. (2002, January). Who Governs? Guatemala Five Years after the Peace Accords. Cambridge, MA: Hemisphere Initiatives. United Nations Office on Drugs and Crime. (2007, May). Crime and Development in Central America: Caught in the Crossﬁre.

Guyana

Juvenile System According to article 8 of the Guatemalan Civil Code, the age of criminal responsibility is 14, although the legal age of adulthood is 18. According to Guatemalan law, when someone under 14 is accused of a crime, he or she must be referred by police to the Guatemalan equivalent of the Attorney General’s Office (Fiscalia de Menores). The Attorney General’s Office decides whether to press charges and prosecute the child or to send the child to some rehabilitation or other diversionary program. If the decision is made to prosecute, the case is forwarded to the Court of Children and Youth (Juzgado de Niñez y Juventud), which will send

Legal System: Common/Civil Murder: High Corruption: Medium Human Trafficking: Medium Prison Rate: High Death Penalty: Yes Corporal Punishment: Yes

Background Guyana, the land of many waters, is a member of the British Commonwealth located on the northern

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coast of South America. The Guyanese territory has been disputed over the years by the English, Dutch, French, and Spanish, all of which exerted their own inﬂuences over the nation and its legal system. The British Empire eventually retained control of Guyana, and to this day, Guyana is the only country in South America that uses English as its official language. Guyana’s population, which stands at 772,298 as of 2008, is composed of a variety of ethnic groups. Although a large part of the population (43%) is of East Indian origin, and 30 percent is of African origin, Guyana is also home to a mixed population (17%), an Amerindian population (9%) and a minority population of Chinese and Portuguese (1%). Guyana’s government is divided into three separate branches that function under a system of checks and balances. Guyana’s National Assembly, a unicameral entity, serves as the legislative branch of government. The assembly was formed after Guyana’s independence in 1966 and is responsible for promulgating the laws of the country. The executive branch is headed by the president of the republic, who appoints a prime minister and other ministers as part of his cabinet. The judicial branch is responsible for interpreting the law and administering justice. The highest court of Guyana is the Court of Appeal. Guyana was ﬁrst chartered by the Spanish Crown as early as 1499, but it was the Dutch who ﬁrst settled the territory, establishing the colony of Essequibo in 1616. In 1627, the Dutch settled their second colony, Berbice, in the Guyanese territory, and in 1741, Demerara, the third major colony in Guyana, was settled. Under Dutch colonial rule and the administration of the Dutch West India Company, these colonies became producers of vast amounts of tobacco and sugar. Amerindians were used as laborers on these plantations. One of the unintended consequences suffered by the natives of Guyana was their decimation as a result of diseases brought over by Europeans. To maintain their sugar and tobacco production, the Dutch began to import African slaves, who lived under the cruelest conditions. After the complete abolition of slavery in 1838, Guyana began to import indentured servants who mostly came from India. In the 20th-century racial

tensions between the Afro-Guyanese and the IndoGuyanese, populations broke into violence as a result of political uproar. Under the rule of the Dutch, Guyana had followed the Roman-Dutch code system. This system forged together Roman law, also known as civil law, and Dutch law, which followed Germanic legal traditions. In 1814, the colonies of Guyana were ceded back to Britain, but the Roman-Dutch system remained the dominant legal system in Guyana until l916. During the early 20th century, the British began to expand their inﬂuence on Guyana. The common law system of Britain provided better ﬂexibility and protection during a time when British judges were imported into the Guyanese legal system. The common law adversarial system in which the defense contests charges made by the prosecutor, who represents the state, was officially adopted in 1917. Roman-Dutch law, however, continued to be applied on legal matters such as land law. Guyana achieved independence in 1966 and drafted a constitution pronouncing the democratic status of the country. In 1964, Forbes Burnham became the prime minister of Guyana. During the 1970s, Burnham began rallying for changes to the Constitution. In 1980, a new constitution was drafted and enacted, replacing the Constitution of 1966. The 1980 Constitution strengthened the power of the executive branch and that of the president, an office to which Burnham was elected that same year. The role of the prime minister was signiﬁcantly diminished. The Constitution of 1980 secured Guyana’s status as a republic of the British Commonwealth and restructured the country’s economic philosophy from capitalism to socialism. Burnham’s government was suspected of several acts of violence against the opposition, including the People’s Progressive Party, led by Cheddi Jagan, and the Working People’s Alliance. Burnham died in 1985 and was succeeded by Desmond Hoyt. In 1992, free elections resumed in Guyana, and Cheddi Jagan was elected to the ofﬁce of president. Jagan died in 1997 and was succeeded by his wife, Janet Jagan, who was elected president in December of that year. Janet Jagan stepped down in 1999, and since then, Guyana’s

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Guyana

president has been Bharat Jagdeo. As of 1995, 12 amendments have been added as part of the Constitution. Although the Constitution provides for a fair trial, due process is not always a guarantee because of inadequate resources, a backlog of cases, and the executive branch’s signiﬁcant inﬂuence on criminal sentences.

Crime Classification of Crimes Like most common law countries, Guyana separates crimes into felonies and misdemeanors. Felony crimes are the most serious of crimes and include murder, assault, robbery, and rape; they are also referred to as indictable offenses. These crimes are punishable by lengthy prison sentences. Misdemeanors are punished less severely than felonies because they are considered less grave. The lesser crimes are also known as summary offenses. Crimes in Guyana fall under the following categories: crimes against person and reputation, offenses against right of property and rights arising out of contracts, forgery and similar offenses, crimes against public order and the administration of justice, and crimes against religion, morality, and public convenience.

Crimes against Person and Reputation This category of crimes includes defamation, assault, causing bodily injury, rape, incest, bigamy, abduction, and homicide. These offenses are divided into subsections specifying the types of crimes that fall under each category. For example, under the incest and rape category, crimes are charged differently when incest is committed by a male as opposed to a female or when a victim is under 12 years old or mentally handicapped. Under the homicide subcategory, the law differentiates between manslaughter, infanticide, and murder.

Crimes against Right of Property and Rights Arising Out of Contracts Crimes under this category include malicious injury to property, larceny, fraud, robbery and ex-

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tortion, housebreaking, and burglary. Under the category of malicious injury to property, the law differentiates between injury to growing things such as trees or vegetation; injury to animals such as cattle; injury to machinery, speciﬁcally agricultural machinery; injury to the public or private work area; injury to naval property such as ships, vessels, or beacons; injury to buildings such as private dwellings, public buildings, or places of worship with the use of ﬁre or explosion; and injuries to other things including works of art. Larceny is divided into several subsections including simple larceny, larceny of vegetation and animals, larceny of written instruments, and miscellaneous larcenies, which include larcenies committed by a public officer.

Forgery and Similar Offenses These crimes include forgery of official seals and public and judicial documents, forgery of deeds and private documents, forgery of debt and stock documents, and forgery of government bonds, bank notes, and miscellaneous documents, including employment documents. Falsiﬁcation of coins and the possession of false money are punishable crimes under this category.

Crimes against Public Order and the Administration of Justice Rioting, treason, perjury, bribery and corruption, and escape from prison are all subject to prosecution under this section of the criminal laws of Guyana.

Crimes against Religion, Morality, and Public Convenience This category of punishable crimes includes blasphemous slander, disturbing a congregation, preventing a religious leader from performing service, and a series of vague offenses such as publishing obscene documents, committing indecent acts, gross acts of indecency with a male person, attempts to commit unnatural offenses, and keeping a disorderly house.

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Drug Crimes Penalties for drug crimes vary depending on the severity of the crime. Possession and use of marijuana, opium, heroin, or cocaine is subject to a ﬁne and a prison sentence that can range from a year to 10 years. Penalties for drug trafficking can range from 3 to 5 years, and in severe cases, persons found guilty of trafficking can be sentenced to life imprisonment. Bail is usually denied in drug trafficking cases, and those charged with this crime are usually subject to pretrial detention. To be prosecuted for drug trafficking, Guyana law states that a person must be in possession of at least 2 grams of heroin, 1 gram of cocaine, 55 grams of opium, 3 grams of morphine, or 15 grams of cannabis. The cultivation of illegal crops carries a prison sentence of 3 to 5 years, and the government may seize any land or equipment used in cultivation.

Drug Abuse and Traffic Guyana’s proximity to some of the world’s largest cocaine producers has made this country a gateway to the North American and European drug trades. However, drugs trafficked through Guyana enter the United States at very low rates, and impact on the American illegal drug market is minimal. Progress in efforts to combat the drug trade and trafﬁc in Guyana has been slow because of inadequate and underfunded law enforcement initiatives. Cocaine and marijuana are the main drugs trafficked through Guyana. Marijuana is trafficked to a lesser extent and tends to be sold within Guyanese borders more than it is trafficked abroad. Seizures of cocaine dropped from 167 kilograms in 2007 to 40 kilograms in 2008. Although cocaine seizures have decreased, eradication of marijuana crops doubled from 15,280 kilograms destroyed in 2007 to 34,000 kilograms destroyed in 2008. The United Nations World Drug Report estimated that about 2.6 percent of the population, between ages 15 and 64, used cannabis in 2006. Cannabis was the most prevalent drug in Guyana as of 2009, and its use among the population has

increased in recent years. About 2.5 percent of the population uses opiates, and some increase in use has been reported. It is estimated that 0.1 percent of the population, between ages 15 and 64, are consumers of Ecstasy. Amphetamines are not as prevalent as cannabis, and consumption has remained stable over the past few years.

Human Trafficking Men, women, and children have been trafficked for sexual exploitation outside of Guyana to neighboring countries including Brazil and Suriname and the Caribbean islands of Barbados and Trinidad and Tobago. Still, the majority of human trafficking victims are traded within Guyana’s borders. Victims tend to be poor, uneducated teens enticed with promises of employment. Although the country has not fully complied with the Trafficking Victims Protection Act of 2000, progress in observing international guidelines has been made, ranking Guyana as a Tier 2 country. Under the Trafficking of Persons Act of 2005, all forms of human trafficking can be punished with a prison sentence ranging from three years to life imprisonment.

Age of Criminal Responsibility The age of criminal responsibility in Guyana is 17; offenders under the age of 17 are deﬁned and treated as juveniles. Guyana law deﬁnes a child as any person under the age of 14. By law, no child under the age of 10 can be charged or found guilty of a criminal offense. Juveniles charged with crimes must be processed through a separate juvenile court system.

Crime Statistics Official crime statistics are lacking for Guyana, and the Guyanese police force has been criticized for failure to keep arrest records and records of crimes reported. The Guyana Bureau of Statistics provided some data for major causes of death by gender. The most recent statistics showed that 83 men and 22 women died as a result of homicide in 2007, and

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Guyana

27 men and 13 women died as a result of other types of violence. Rape and attempted rape continue to be underreported, but it is estimated that the majority of rapes are non-stranger rapes; that is, they are perpetrated by someone known to the victim.

Rights of the Accused Warrants The Constitution provides citizens with protection against unreasonable searches. Legal searches are conducted by police officers after a warrant is secured from a magistrate who reviews evidence and decides whether a search is justiﬁed. Nevertheless, international human rights organizations have investigated claims of unlawful search and seizures by police officers that have resulted in disciplinary action. Arrests can be carried out without a warrant by a law enforcement officer if that officer witnesses a crime or has reasonable suspicion that a crime has been committed or will be committed.

The Right against Arbitrary Arrest or Detention The Constitution provides the right to liberty and protection against arbitrary detention. However, 29 complaints were ﬁled in 2008 against police ofﬁcers for improper conduct including unlawful arrests and unnecessary use of violence. Disciplinary action was taken against several officers.

The Right to Be Informed of Criminal Charges and the Right to an Attorney All persons arrested and detained by law enforcement must be informed of the reasons for their arrest and detainment within a reasonable time. Although Guyana guarantees the right to an attorney to represent defendants during legal proceedings, the attorney must be paid for by the accused person. Unlike other common law nations, the government of Guyana does not guarantee the right to have an attorney provided when the accused cannot afford one, unless the case in question is a capital case. Georgetown is the only city that operates

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a legal aid clinic, which usually deals with cases of domestic violence and women’s rights.

The Right to a Fair and Public Trial and Trial by Jury Misdemeanors and other minor crimes are heard in the magistrates’ courts, which are presided over by a judge. There are no juries in these courts. Felonies or indictable crimes are heard by the high courts, where the accused is provided with the right to a trial by jury. To qualify as jurors, persons must be Guyanese citizens with no criminal convictions and must be between the ages of 18 and 60. Potential jurors must be able to speak, read, and write English.

Torture and Inhumane Treatment Both the Constitution and the criminal procedure laws provide the accused the right against cruel and inhumane treatment prior to and upon arrest. Guyanese officials, especially law enforcement officers, have often come under scrutiny for violation of legal and human rights. In November 2008, it came to light that the Guyana Police Force tortured a 14-year-old detainee, burning parts of his body and denying him access to an attorney for four days. Two police officers were arrested and investigated for these allegations. In October 2008, a detainee under police custody was killed after suffering blunt force trauma to the head. In February 2007, a man was allegedly killed by a member of the Guyana Police Force. Criminal charges against the officer were recommended after an inquest into the matter.

Bail and Pretrial Detention Persons accused of a misdemeanor that warrants a penalty of less than two years’ imprisonment or a ﬁne are entitled to bail. They can be released on their own recognizance or can be mandated to provide collateral to secure their return to court. Failure to appear at any scheduled court hearing will result in bail revocation, and an arrest warrant will be issued. Persons charged with felonies that warrant more than two years’ imprisonment can be detained

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throughout the course of criminal proceedings at the discretion of a judge.

Finding of Guilt Prosecution Criminal prosecutions are the responsibility of the director of public prosecutions. Prosecutors working under the director have the discretion to choose which cases to prosecute and which cases to dismiss. The director is also responsible for ensuring the rights of the accused, investigating criminal charges, and representing the state in criminal cases.

Plea Bargaining Plea bargaining is a fairly new practice in Guyana. It was introduced as a way to combat backlogged court dockets and as a tool for prosecutors to utilize against drug traffickers. No data is available on the percentage of cases that are resolved through plea bargaining.

Court System Guyana’s court system includes magistrates’ courts (the lower courts), high courts, and the Court of Appeal, which is the court of last resort. The magistrates’ courts have jurisdiction over criminal and civil cases and are responsible for supervising criminal cases involving minor offenses and criminal cases that involve a penalty of up to ﬁve years’ imprisonment. Trials that take place in magistrates’ courts are heard by a judge. There are a total of 23 magistrates’ courts, which are located in all 10 regions of Guyana. The high courts serve as courts of ﬁrst instance and hear civil cases and the most serious criminal cases, which are those that carry a penalty of more than ﬁve years in prison or capital cases. Unlike in the magistrates’ courts, defendants tried in the high courts have the right to a trial by jury. The high courts also serve as appeals courts and hear cases decided in the magistrates’ courts. The high courts are presided over by a chief justice and 11 other judges. There are 13 high courts in Guyana.

The Court of Appeal is the highest court of Guyana. The chancellor of the judiciary and three other judges preside over this court. The Court of Appeal functions like the Supreme Court in the United States, deciding on cases heard in the lower courts and setting precedents to guide future decisions. According to the Report on Judicial Systems in the Americas, there are currently 3.5 judges per 100,000 inhabitants. The chancellor of the judiciary, the chief justice of the high courts, and the chief magistrates are selected by a committee appointed by the president. To qualify as a judge, a law degree is necessary as well as ﬁve years of experience as a barrister. With ﬁve years of experience, a barrister can be appointed as a magistrate by the president.

Juvenile Justice Juveniles are afforded special protections to which adults are not entitled. To protect the juvenile’s identity, only parties to the case at hand are allowed in juvenile courts. The names, address, school, and photos of juveniles processed through the courts are strictly prohibited from being leaked by the media or any other person. Any person who releases the identity of a juvenile offender is subject to a ﬁne. Juveniles may be released on their own recognizance to await legal proceedings. Judges have the discretion to deny bail if the juvenile is accused of homicide, if the court deems that detaining the juvenile is in his or her best interest, or if there is reason to believe the juvenile will evade justice if released. If a juvenile is detained prior to being convicted, the juvenile must be kept in a holding facility separate from adults. All juvenile cases are remanded to juvenile courts, save juveniles charged in homicide cases. Parental permission is unnecessary to hear a case in juvenile court. Juveniles have the right to be informed of the charges against them and can decide with the help of parents whether they want their case heard by a judge or a jury. Juveniles have the right to make statements to the court and to provide evidence in their defense. If a juvenile admits guilt, he or she may provide the court with a statement

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Guyana

of mitigating circumstances. Juveniles can be sentenced to detention in a facility speciﬁed by the court if they are found guilty of homicide, manslaughter, or intent to cause serious injury. Less severe crimes can be punished by detention in a reform school or institution.

Punishment The most typical forms of punishment in Guyana are ﬁnes, compensation for injury caused, and imprisonment. Other types of sanctions, including whipping and ﬂogging, are also allowed by law but are not as commonly applied.

Assault A crime of assault that results in little harm can be punished with one year of imprisonment. Conspiracy and assault against an employer with the intent to raise wages is punishable with two years’ imprisonment. Assault with the intent to commit a felony can be punished with a two-year prison sentence. Indecent assault on a female and assault with the intent to cause harm merit a prison sentence of ﬁve years. The intent to cause bodily harm with a ﬁrearm can be punished with life imprisonment.

Incest, Carnal Knowledge, and Rape Incest that occurs when the female victim is the granddaughter, daughter, sister, or mother of the perpetrator is punishable by 7 years’ imprisonment. If consent is given by the female to engage in an incestuous relationship, she can also be punished with a 7-year prison sentence. Attempted incest is punished with 2 years of prison. The act of “carnally knowing” a girl between ages 12 and 13 warrants a penalty of 10 years’ imprisonment. When the victim is under the age of 12, this same offense warrants a penalty of life imprisonment. Carnal knowledge of a mentally handicapped female is punished with 5 years’ imprisonment. Any person who acquires or attempts to acquire a female for the purpose of prostitution can be punished with a prison sentence of up to 10 years. Attempted rape in punished with

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10 years’ imprisonment, and rape warrants a penalty of life imprisonment. Spousal rape is yet to be recognized by the laws of Guyana.

Homicide The penalty for manslaughter ranges, but it may be punished with a sentence of life imprisonment. Aiding and abetting a suicide can also merit a penalty of life imprisonment. Attempted suicide can be punished with two years’ imprisonment. Murder is prosecuted as a felony and warrants capital punishment. Conspiracy to commit murder is punishable with 10 years’ imprisonment. Attempted murder that involves the use of poison, serious bodily injury, explosives, ﬁrearms, or strangulation can also be punished with life imprisonment. Self-defense that results in the death of another person is justiﬁable and merits no punishment.

Property Crimes Harm caused to property, whether by ﬁre or explosives, can carry a sentence ranging from seven years’ to life imprisonment depending on the damage caused. Simple larceny is punishable with three years’ imprisonment, although circumstances surrounding the case can increase severity of the punishment. The sentence for grand larceny varies depending on the value of the stolen object and the circumstances of the case, but the crime of larceny can warrant life imprisonment. Embezzlement and simple robbery both carry a penalty of 14 years’ imprisonment, and robbery with the use of force or violence can be punished with life imprisonment. Burglary penalties vary but can also warrant life imprisonment depending on the severity of the crime.

Capital Punishment Although Guyanese law continues to allow the death penalty, capital punishment has been abolished in practice. Guyana has not executed any prisoners since the 1970s. According to criminal offense law, capital punishment is justiﬁed in cases in which the intent to end a person’s life is clearly present. One interesting exception to capital punishment is

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women who are pregnant at the time of their conviction. If a woman’s crime merits the death penalty, her sentence is commuted to life imprisonment.

Prisons The minister of home affairs is responsible for the administration of prisons in Guyana. Currently, there are ﬁve prisons operating in the country. Correctional facilities are managed by the director of prisons, who is assisted by the deputy director and the superintendent of prisons. As of 2006, Guyana’s prison population stood at 1,955 persons incarcerated. This makes the prison rate approximately 260 prisoners per 100,000 of the national population. The largest prison complex is in Georgetown, which houses 700 prisoners in a facility with a capacity for only 500. The Mazurani prison, located on the bank of the Essequibo River, is the second-largest correctional facility in the country. Female prisoners are housed at the New Amsterdam prison located on the northeastern coast of Guyana. Rehabilitation programs, though available, are underfunded and deﬁcient. International human rights groups have investigated and reported the conditions of correctional facilities in Guyana. Because of mandatory prison sentences for drug offenders, the Guyanese prison system has seen an increase in the prison population. Overcrowding and deteriorating facilities have contributed to inhumane practices, including poor medical care and inadequate meals. HIV/AIDS has become widespread in the prison system. Juveniles, at times, are held with adults, though this is prohibited by law, and females awaiting trial in regions without a women’s prison were held in the same facility as men. Several reports of torture within prison walls have surfaced. In July 2008, a prisoner was beaten and tortured, and he later succumbed to his injuries. Two senior officials were charged with manslaughter in this case.

are fugitive in a Commonwealth nation or a nation that holds an extradition treaty with Guyana. If a person accused or convicted of a crime abroad is found as a fugitive in Guyana, that person may be returned to the country seeking his or her extradition if the country belongs to the Commonwealth or if the country holds an extradition treaty with Guyana. Guyana will not return fugitives of other countries if they are accused of political crimes; if they are being persecuted because of their race, religion, sex, or political inclinations; or if it is clear to Guyanese authorities that the person would face an unfair trial if returned to the country seeking extradition. Angela Marcela Navarro Further Reading Carey, H. (2002). “Guyana.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, Herbert M. Kritzner, pp. 636–642. Santa Barbara, CA: ABC-CLIO. Guyana Office of the President: http://opnew.op. gov.gy/index.php?option=com_content&view= frontpage. Guyana Police Force: http://www.guyanapolice force.org/. U.S. Department of State. (2009). Guyana: http:// www.state.gov/r/pa/ei/bgn/1984.htm.

Haiti Legal System: Common Murder: High Corruption: High Prison Rate: Low Death Penalty: No Corporal Punishment: No

Background Exchange of Prisoners Persons accused or convicted of an offense in Guyana can be returned to Guyana by request if they

The Republic of Haiti is located on the island of Hispaniola in the Caribbean. Haiti covers the western third of the island, and the Dominican Republic

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Haiti

covers the remaining two-thirds. The island has a total area of 27,750 square kilometers, and the population is 9,035,536 people. Haiti’s official languages are French and Creole. The original inhabitants of Hispaniola were Taino Amerindians, most of whom died after Christopher Columbus landed on the island and Spanish settlers took over. In 1697, the Treaty of Ryswick was signed, by which Spain ceded its control over the land to France. Thousands of slaves were shipped to the French colony from Africa to do the hard labor of growing and harvesting crops. In the late 1700s, slaves began attempts at retribution against the landowners for the maltreatment they had suffered. The rebellion against France continued to grow in strength until approximately half a million slaves successfully revolted. Haiti officially declared its independence on January 1, 1804. Haiti has yet to have a long period of stability. Between 1843 and 1915, there were 22 different men in control of the government. The United States stepped in from 1915 to 1934. Subsequent governments were plagued by violence and corruption. The United Nations Stabilization Mission in Haiti, or MINUSTAH, provided assistance on June 1, 2004, to help secure and stabilize the government and protect Haitian human rights. It is still currently active. Current president Rene Preval has been in office since May 14, 2006, and Prime Minister Michele Pierre-Louis was appointed by the president on September 5, 2008. The National Assembly is the legislative branch of government and consists of a 30-member Senate and the 99-seat Chamber of Deputies. All members of the National Assembly are elected by popular vote.

Legal and Criminal Justice System Haiti adopted the French criminal code and code of criminal procedure. The judicial branch in Haiti is divided into four levels. The lowest level consists of the justices of the peace. These judges issue warrants, rule on minor cases, take depositions, and refer cases to higher justices. The next level consists of the courts of ﬁrst instance, which handle more serious cases. Judges from these courts

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can refer cases to the courts of appeals. There are 15 appellate court justices. The highest court is the 11-member Court of Cassation. Its purpose is to hear cases that question whether a case was conducted following procedural law and/or that question its constitutionality.

Police There is one centralized police agency called the Haitian National Police (HNP). The police officers of HNP have the sole responsibility for law enforcement and maintaining order. As of 2007, the HNP consisted of 7,700 members. Corruption and misconduct were major problems for the HNP until as recently as 2005. For example, officers have been known to kill civilians and have the charges dismissed. Because of the United Nations involvement with MINUSTAH, unnecessary killings by police officers have declined. Many nations have sent police personnel to provide aid to the United Nations (UN) and its stabilization mission in Haiti since June 2004. Countries aiding the UN include the United States, France, Spain, Brazil, Turkey, and Egypt. There are currently just over 2,000 police personnel from 40 different nations.

Crime Drugs and Money Laundering It is illegal to both sell and use a variety of drugs, including hallucinogens such as LSD and cannabis, stimulants such as cocaine and amphetamines, and opiates such as heroin. Drug trafficking, production, manufacturing, and distribution are some of the most serious drug-related offenses with a criminal sentence of 5 to 20 years with a ﬁne of HTG$500,000 to $10,000,000 (approx. US$12,603– $25,208). Cocaine is trafficked through Haiti on its way from South America to the United States. The U.S. Department of State estimated that 67 metric tons of cocaine were trafficked through Haiti in 1999 alone. At the start of the new millennium, Haiti began using the Law on Money Laundering from Illicit

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New York police chief Raymond Kelly, center, walks with Jean Nesly Lucien, Haitian national police director, at Admiral Killic Coast Guard Base in Port-au-Prince, Haiti, April 29, 2002. A six-member panel of U.S. drug experts, including Kelly, arrived in Haiti to help this impoverished Caribbean country coordinate its fight against drug trafficking and money laundering. (AP photo/ Daniel Morel)

Drug Trafficking and other Crimes and Punishable Offenses as its anti–money laundering legislation. Prior to this time, Haiti had no laws against money laundering. In 2002, the National Committee to Fight Money Laundering was formed. Its purpose is to promote, coordinate, and recommend policies to aid in the prevention, detection, and suppression of the laundering of assets from illicit trafficking of drugs and other serious offenses.

Crime Statistics

be as high as 33.9. In 2007, the United Nations reported that there were 487 homicides in Haiti, which is a rate of about 5.6 per 100,000 people. MINUSTAH also has collected statistics about kidnappings. They reported that from 2005 to 2006, there were a total of 1,356 reported kidnappings, but only 237 in 2007. The most recent statistics from June 2008 reported a total of 160 kidnappings for the ﬁrst half of the year.

Finding of Guilt

According to the World Health Organization, Haiti’s homicide victimization rate in 2004 was 5.3, although according to the United Nations Office on Drugs and Crime, other sources note that the intentional homicide rate reported to the police could

Rights of the Accused Haiti’s Constitution outlines the rights of individuals in the criminal justice system. An individual may not be arrested or detained unless caught in the act of

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Haiti

committing a crime or by written order of a legally competent official that states the reason for the arrest. An individual must appear before a judge within 48 hours to conﬁrm that the arrest was made legally. The police must also notify the arrestee of his or her right to counsel in all phases of the investigation. Due to the extreme overload and corruption in the criminal justice system, many individuals have not been granted these and other constitutional rights. Approximately only 10 jury trials are held annually per ﬁrst instance court. This denies most Haitians their right to a jury trial. Many corrupt judges also deny criminal defendants their right to be present at trial, the right to confront witnesses against them, and the right to present witnesses and evidence on their own behalf. Although defendants are allowed the right to legal counsel, most Haitians cannot afford it. The government is not required to pay for it; therefore, many defendants do not get a fair trial in court.

Preventive Detention Haitians are permitted to be incarcerated while awaiting trial. These individuals make up the vast majority of the current prison population. According to the U.S. Department of State, 84 percent of prisoners are awaiting trial. Some of these people may eventually be granted bail by an investigative judge because bail hearings are not automatic. Bail is typically granted for only minor cases and humanitarian grounds such as a need for medical attention.

Juvenile Justice System In 2003, the Convention on the Rights of the Child and its related committee published speciﬁc concerns that it had in relation to children in Haiti. One concern surrounded the juvenile justice system. Such a system exists in only two places in Haiti, Cap Haitien and Port-au-Prince. The committee wished to reform the juvenile justice system by establishing juvenile courts, limiting the amount of time allowed in detention and incarceration, improving the conditions of detention and imprisonment, and providing children with basic services such as schooling.

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Punishment Types of Punishment Haiti has a wide range of possible punishments that a convicted defendant may receive, including hard labor, forced labor, incarceration, banishment, and loss of civil rights. Convicted persons can also receive ﬁnes as their sole punishment or as part of their sentence. No convicted person can be sentenced to death according to article 20 of Haiti’s 1987 Constitution. A person convicted of murder will typically receive a punishment of forced labor for life. If the crime of murder is accompanied by another crime or has been preceded by another crime, then the punishment is typically increased to hard labor for life. However, if a man kills his wife whom he caught cheating in his home, he is excused of the murder. This same justiﬁcation does not hold true for women. If a man is convicted of rape, the maximum penalty he will receive is 10 years’ imprisonment. If the rape is a gang rape or was premeditated, aggravated assault, the sentence is increased to 15 years of hard labor. The typical punishment for theft can range anywhere from 1 to 5 years of incarceration.

Prison Haitian prisons have become known worldwide for their horrendous conditions. There is a lack of basic necessities such as food, water, and shelter. Severe overcrowding in the prison cells is also a problem. These conditions lead to malnutrition and allow for infectious diseases to run rampant throughout the prisons. A majority of all prison inmates, around 84 percent, have not been convicted of a crime and are being held in prison while awaiting processing. The average wait time to court is 20 months. The Health and Human Rights Prison Project (HHRPP) aims to improve prison conditions by providing appropriate health care for inmates. Another of its goals is to decrease the number of prison inmates who are there for pretrial detention purposes by providing legal counsel to these detainees. The prison system in Haiti is called the Direction de l’Administration Pénitentaire (DAP). The current

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director is Jean Roland Célestin, who oversees 21 prisons. The National Penitentiary is the largest prison in Haiti and is located in the nation’s capital, Port-au-Prince. According to the International Centre for Prison Statistics, as of February 27, 2009, there were 8,345 people in prison, including pretrial detainees, which is well above the maximum capacity of the prison system of 2,448 people. Female prisoners made up 4.9 percent of the prison population and juveniles made up another 4.9 percent. There is a separate penitentiary in Port-au-Prince for children who are under the age of 16 and male. Females of all ages are housed together in the prison. Vanessa Schrader Further Reading Globalex. Researching Haitian Law: http://www. nyulawglobal.org/Globalex/. Institute for Justice and Democracy in Haiti: http://www.ijdh.org/index.html. l’Entraide Judiciaire en Matière Pénale et d’Extradition: http://www.oas.org/juridico/mla/ fr/hti/fr_hti_penal.html. MINUSTAH, United Nations Stabilization Mission in Haiti: http.www.un.org/Depts/dpko/ missions/minustah/. U.S. Department of State. Haiti: http://www.state. gov/g/drl/rls/hrrpt/2006/78895.htm.

Honduras Legal System: Civil Murder: Medium Corruption: Medium Human Trafficking: Medium Prison Rate: Medium Death Penalty: No Corporal Punishment: Yes

Background Honduras is a small Central American country bordering the Caribbean Sea to the north, Guatemala

and El Salvador to the west and southwest, the Paciﬁc Ocean to the southeast, and Nicaragua to the southeast. About 7.8 million Hondurans live in this land of 112,000 square kilometers. The population is very young due to a high growth rate of nearly 2 percent and a moderate life expectancy of 69 years; people aged 65 years or older represent less than 4 percent of the Honduran society. Exports of banana and coffee, two agricultural products vulnerable to volatile price ﬂuctuations in the global market, constitute the backbone of the economy. Despite admirable economic growth achieved in the 2000s, the gross domestic product adjusted for purchasing power parity remains at $4,400. Real unemployment rate is believed to have approximated one-third of the labor force, and half of the population lives under the poverty line. Poverty and an extremely unequal distribution of wealth are two of the most visible socioeconomic features of this developing country. Once a colony of the Spanish Crown, Honduras declared its independence in 1821. It was brieﬂy annexed by Mexico before it joined the short-lived United Provinces of Central America in 1823. The fragile federation broke down in 1838. Honduras’ agriculture-based economy was dominated in the 1900s by U.S. multinational companies that maintained vast banana plantations along the north coast. Foreign capital, plantation life, and conservative politics held sway in Honduras from the late 19th century until the mid-20th century. A military coup in 1963 initiated two and a half decades of mostly military rule, which did not end until a democratically elected civilian administration came to power in 1982. During the 1980s, Honduras became embroiled in the regional conﬂict by supporting anti-Sandinista guerrillas combating the Marxist regime in Nicaragua and allying itself with the U.S.-backed Salvadoran government in ﬁghting leftist armed groups. Ever since the return of the democratic rule, the Honduran society and its civic institutions have been marred by endemic poverty, rampant violence and crime, and massive natural disasters (the 1998 Hurricane Mitch left nearly 6,000 deaths, 1.5 million displaced people, and US$3 billion in damages).

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Honduras

The 1982 Constitution provides for a powerful executive, a unicameral National Congress, and a judiciary named by the Congress. The president is both chief of state and head of government and is directly elected to a four-year term by popular vote. Administratively, Honduras is organized into 18 local departments, and municipal executives are democratically elected for four-year terms. The 128seat unicameral Congress exercises the legislative power, and its members are selected in proportion to the number of votes each party receives and serve a four-year term. The judicial branch is led by the Supreme Court of Justice, formed by a president or chief justice and 14 magistrates chosen by Congress for a seven-year term. Other judicial bodies include courts of appeal and several courts of unique or mixed jurisdiction—such as labor, tax, and criminal courts.

Criminal Justice System The Honduran legal system is rooted in Roman and Spanish civil law traditions with a growing inﬂuence of Anglo-Saxon common law. It accepts International Criminal Court jurisdiction with some reservations. Structurally, the legal system is structured around courts and is supported by the Ministry of Government and Justice, the Public Ministry, the Public Defense Service, and the National Preventive Police. In addition to the duties described in the previous section, the 15-member Supreme Court is mandated by the 1982 Constitution to manage and oversee the judicial power, to appoint judges to the appellate courts and the ordinary courts, and to hear criminal processes involving ranking state officials with the approval of the Congress. The 12 appellate courts handle sentence appeals emerging from ﬁrst instance courts as well as requests for protection of individual rights against the acts of local governments. Trial courts are ﬁrst-instance tribunals that accept and process cases in civil, criminal, labor, family, juvenile, housing, and administrative matters. There were 77 trial courts in 2008. They also serve as a second-instance review for the appeal of rulings handed down by the peace courts.

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The 330 peace courts, in turn, have jurisdiction over civil cases involving small claim disputes, certain criminal cases involving misdemeanor offenses, and domestic violence cases. In 2006, a total of 66,728 new cases were ﬁled in the entire Honduran court system, and 39,231 cases were disposed and closed in the same year. These cases were processed by 48 magistrates in the appellate courts, 294 judges in trial courts, and 244 judges of peace courts. The Public Ministry is functionally the Public Prosecutor’s Office with national jurisdiction and is operationally independent of all branches of government. It is tasked with the investigation and prosecution of criminal offenses, the enforcement of criminal sentences, and the oversight of compliance with constitutional principles by local law enforcement agencies. The ministry represents, defends, and protects the interests of the public before the courts. Public prosecutors are legally treated as delegates of, and thus subordinated to, the attorney general of the republic. However, the attorney general may at times initiate new prosecutions or intervene in ongoing adjudications directly and personally in exceptional cases on behalf of societal interest. Internally, the Public Ministry also maintains the Directorate of Forensic Medicine to provide pathological and psychiatric analysis and evidence in support of crime investigation and prosecution. The Public Defense Service is led by the national public defender appointed by the Supreme Court and provides free legal counsel to indigent defendants unable to hire private defense. This public and free legal aid service is only available in criminal matters; it begins when charges are ﬁled and ends with the completion of criminal proceedings. The public defender in each speciﬁc case can either be appointed by the judge or be requested by the defendant or his or her family. In 2006, 232 public defenders staffed the service. The National Preventive Police, the largest police force in Honduras, is directed by the Ministry of Security and involved in virtually every aspect of public safety (such as outreach and patrol) and in many stages of the criminal justice process including arrest, investigation, transport of defendants, and prison security. The number of officers serving

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in the National Preventive Police and the General Directorate of Criminal Investigations, which conducts criminal investigations and forensic analyses in support of the prosecution of criminal offenders, almost doubled from 7,000 in 2005 to 13,500 in 2008. This rapid expansion was attained at a cost. Misconduct and abuse of power are widespread in the police; the Ministry of Security reported that in 2008, 268 police officers were prosecuted for criminal offenses ranging from abuse of authority to drug trafficking, rape, and homicide. The Public Ministry also announced that during the same year, another 312 reports involving violations of civil rights such as excessive use of force, unlawful detention, and extortion were ﬁled against the police with the Special Prosecutor for Human Rights, of which 163 cases were investigated and 43 were substantiated.

Juvenile Justice The legal instrument governing the treatment and protection of minors is the 1996 Children and Adolescents’ Code, which deﬁnes juveniles as those youths between the ages of 12 and 18 years. Juveniles are criminally responsible but processed by a separate system of juvenile justice. Official statistics show that the majority of crimes committed by Honduran juveniles are offenses against property such as theft, larceny, and vandalism. Relatively few engage in violent crimes such as homicide and rape. There is a worrisome growing trend involving juveniles in crimes against public security, speciﬁcally the offense of illicit association for being a member of a street gang. In 2003, 92 percent of all juveniles arrested by the police were detained at the moment their crime was being committed; the remaining 8 percent were arrested under a court order. The Honduran Constitution establishes specialized children’s courts to deal with juvenile delinquents and child protection matters. There are 14 children’s judges serving in 10 children’s courts across the territory. Regular trial judges attend juvenile cases in some rural areas not covered by children’s courts. Children’s judges are professional lawyers with training or work experiences in the

area of child welfare and are selected by the chief justice of the Supreme Court. During the investigation of a juvenile case, the prosecutor can request a number of measures on behalf of the minor, including guidance and social support, imposition of rules of conduct, obligatory residence, assisted liberty, and detention. Most juvenile detainees are street children or gang members, so minors receiving noncustodial controls during the pretrial period often run away and do not turn up for trial. Because of a recent increase in gang delinquency, about half of the juveniles incarcerated in correctional facilities for boys are still awaiting trial. Children’s judges are encouraged to divert juveniles from formal trial to conciliation meetings with the harmed party, to judgment of opportunity (i.e., letting the minor go with a warning but without formal punishment), or to remission to community programs. These diversionary rules are not very frequently implemented because most juveniles in the system are serious offenders not qualiﬁed for diversion. Although abbreviated procedures and negotiated sentences are available, most serious juvenile offenders are routinely sent to reformatories for the time necessary for their rehabilitation and for a maximum of eight years. There are four juvenile correctional facilities in Honduras; two of them are closed institutions guarded by heavily armed officers. In July 2004, the four centers housed approximately 400 juveniles, with convicted and unconvicted residents mixed in these settings. Physical and sanitary conditions are poor, and solitary conﬁnement and denial of family contacts are used as disciplinary measures in some facilities. Basic educational and vocational trainings are provided, but they fall short of triggering systematic rehabilitation because most of these programs are manned by insufficient or undertrained staff.

Crime Crime Statistics High rates of violence and crime are permanent social maladies in Honduras. Predatory gang activities and violent gang warfare, especially from

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Honduras

rival gangs MS-13 (Mara Salvatrucha) and Mara 18, have instilled desperation and eroded community fabric among Hondurans. It is estimated that in 2005 there were 36,000 gang members in this country of 7.8 million population. That is, there are more than twice as many gang members as police officers. The lack of capable manpower, training, equipment, and other resources has hampered police control. In 2008, the rate of homicide cases known to the police reached 57.9 cases per 100,000 inhabitants, which represented a 56.5 percent increase over the rate of 37.0 cases per 100,000 inhabitants in 2005. Seventy-eight percent of the 4,473 homicide victims were killed by ﬁrearms, and males ages 25 to 29 constitute the most vulnerable demographic group, with a rate of 254.9 homicides per 100,000 members of the group. Most gang members are alienated urban males between the ages of 15 and 24, a demographic group that accounts for a disproportionate portion of street crimes and violence. They are involved in a large number of killings, mostly of each other. But it would be unwise to assume that incarcerating gang members will solve the crime problem in Honduras. To begin with, given the size of the gang population, doing so would overwhelm the Honduran government. Even if incapacitation of this dangerous population is achieved, a new generation of gangs and gangsters would likely spring up, so long as the socioeconomic disadvantages that created the problem in the ﬁrst place remain intact. Also, evidence suggests that the youngest members of street gangs account for a relatively small share of crime. In Honduras, data reveal that less than 5 percent of all criminal offenses in the country are committed by youths under 18 years of age. This young age range characterizes a large percentage of gang membership. Therefore, the ﬁnding suggests that chronic or violent criminals are made in a relatively lengthy socialization process in which preventive interventions that offer realistic life opportunities could be promising. The unfavorable geographic location of Honduras between the world’s cocaine suppliers (i.e., Colombia) and its main consumers (i.e., the United

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States) has enormously expanded its exposure to foreign organized crime pressures. Lamentably, Honduras is especially vulnerable to intrusion by criminal syndicates because of socioeconomic pressures, lack of law enforcement capacity and integrity, and a history of armed conﬂicts. The resulting crime and disorder feed back into the social system to further weaken institutions and morale. A 2005 survey by the World Bank found that 61 percent of surveyed Honduran ﬁrms perceived crime as a major constraint on their businesses. Another 2005 study estimated that 52 percent of Honduran GDP is generated by shadow economies vulnerable to predation from organized crime. Without prompt and effective responses, crime and violence are likely to continue undermining the economic development and the rule of law in Honduras.

Drug Abuse and Trafficking According to the epidemiological statistics compiled by the United Nations, consumption of illegal drugs is still low in Honduras. In 2005, 15 percent of the population between 12 and 35 years of age were estimated to have used opiates, including heroin, in the previous year. Prevalence rates of cocaine and marijuana use were at 0.9 percent and 1.5 percent, respectively. Users of synthetic drugs such as amphetamines and Ecstasy numbered 0.8 percent and 0.1 percent of the 12–35 population, respectively. Honduras has historically been a transit country for Andean cocaine and small amounts of Colombian heroin destined for the United States and Europe by land, sea, and air. The most notorious development in recent years was the growth in the inﬂux of precursor chemicals through Honduras, after enactment of tighter regulations on the chemicals in neighboring countries. In 2008, the government of Honduras conﬁscated 3.5 million pseudoephedrine pills and more than 5 tons of precursors such as sodium sulphate and soda ash. Another 13 metric tons of pseudoephedrine were intercepted in the United States en route to Honduran territories to be diverted to Mexican drug cartels. A total of 721 persons were arrested for connection to drug trafﬁcking in 2008. Marijuana is the only known drug

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cultivated or produced in Honduras. It is planted in small remote farms throughout the country to cater to the modest domestic demand. Honduras is a signatory of the 1988 UN Drug Convention, the 1971 UN Convention on Psychotropic Substances, and the 1961 UN Single Convention. Major Honduran seaports comply with the screening requirements set forth in the International Ship and Port Facility Security codes, and the government actively participates in the Inter-American Drug Abuse Control Commission.

Human Trafficking Honduras is both a major source country and an important transit port for the trafficking of persons for the purpose of commercial sexual exploitation. Most transactions are domestic. Honduran women and children victims are usually enticed by fraudulent employment promises from rural villages to urban centers and tourist enclaves, such as Tegucigalpa, San Pedro Sula, and the Bay Islands. Some Honduran women and children are trafficked to surrounding and nearby countries such as Guatemala, El Salvador, Mexico, Belize, and the United States in response to the huge demands from the sex industry. Most foreign victims of forced prostitution in Honduras are from adjacent countries; others are economic migrants or smuggled aliens victimized en route to the United States. A growing trafficking concern now focuses on reports of child prostitution in the tourist hub of the Bay Islands and some criminal gangs’ forcing children to conduct street crime. Human trafficking for the purpose of sexual exploitation is legally prohibited in Honduras and carries custodial punishments of between 8 and 13 years of incarceration with increments by one-half under aggravated circumstances. In 2008, prosecutors initiated 82 anti-trafficking investigations and 18 prosecutions and obtained 11 convictions. However, trafficking of persons for forced servitude is not criminalized in Honduras. Very little is known about the extent of the problem of labor trafficking, which is known to be serious in neighboring countries, and even less is known about who the victims are.

The Honduran government’s involvement in the assistance and care of victims of sex trafficking is very limited. The bulk of support for victims of sex trafficking is shouldered by nongovernmental organizations, which are also actively engaged in the prevention of human trafficking with some government help.

Finding of Guilt In 2002, a new criminal procedural code went into effect in Honduras, replacing the inquisitorial, written proceedings with an adversarial model that introduced oral procedures and vested investigative and prosecutorial functions in prosecutors. Under the new framework, the Honduran criminal procedure comprises three stages: the preliminary stage, the intermediate stage, and the trial stage. The preliminary stage encompasses the ﬁrst 24 hours following arrest, the 6-day investigative period, and the initial hearing. According to the Honduran criminal procedure code, an arrestee can be detained for up to 24 hours while the authorities investigate or gather evidence to support the accusation made against that person. The suspect may be detained at local premises of the National Preventive Police or the General Directorate of Criminal Investigations. Within 24 hours of the arrest, the police must either set the detainee free or turn the case over to a prosecutor at the Public Ministry. Upon receipt of the case, the prosecutor must review its evidentiary strength and decide whether or not to further investigate the case in preparation for formal adjudication. The prosecutor may request that the court grant an extension of up to 6 days to gather witnesses and additional evidence. At the end of the 6-day investigative period, the detainee will appear in the initial hearing before a judge, who will review the merit of the case and decide either to dismiss the case or to proceed with the adjudication. If the court decides to proceed with the case, it will also decide whether the detainee will remain in jail, be placed under house arrest, be released under personal recognizance, or be released on bail. The intermediate stage entails the arraignment hearing. Once the prosecutor concludes an

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Honduras

investigation, he or she may petition that the judge allow a full prosecution of the case, temporarily suspend prosecution, order abbreviated procedures, or dismiss the case. If the prosecutor decides to bring the full weight of prosecution on the defendant, he or she must formalize the charges, and the defense attorney can respond to them directly in the arraignment hearing. Afterward, the judge orders that the bench trial be initiated and the materials forwarded to the trial court, which is composed of three magistrates and no jury. Benchmarks in the trial stage include the trial itself, verdict, and sentencing. The presiding judge of the trial leads the oral and public proceedings during which the prosecution and the defense must present the arguments outlined in the written materials that they have submitted. The accused is then given a chance to speak, after which prosecutorial evidence is presented. Once both parties have made their closing statements, the three judges deliberate. The verdict is rendered immediately after the end of the deliberation. The sentence is pronounced at a separate hearing within 30 days of the pronouncement of the verdict. Because trial is allowed to be delayed for up to two years from the time of the arrest, unnecessarily lengthy pretrial detention and court backlogs exacerbate judicial inefficiency. In 2007, according to the Supreme Court of Honduras, of 271,000 cases ﬁled with the General Directorate of Criminal Investigations, only 6,000 reached trial. Yet, of these 6,000 trial cases, 80 percent ended in convictions and sentences.

Rights of the Accused The Honduran penal code provides that police may apprehend and detain a Honduran citizen only with a court order, unless the arrest is requested by a prosecutor, made during the commission of a crime, made when there is evidence that a person has committed a crime and is trying to evade prosecution, or made when the person is caught with evidence related to a crime. The detainee has the right to be informed by the police of the grounds for the arrest as well as the right to be brought before a

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judge within 24 hours of the arrest. All detainees have the right to prompt access to family members and/or a defense attorney of their choosing; if indigent, the detainee should have immediate access to state-provided legal aid. The Constitution promises the presumption of innocence to all citizens and guarantees the rights of the accused to a fair public trial, to an initial hearing by a judge, to bail, to legal counsel, and to post-conviction appeal. In practice, all these rights are often neglected.

Punishment Prisons Honduras has a peculiar gendered and bifurcated organization of its penitentiary system; some commentators even conclude that there are actually two separate penal systems: one for male offenders and the other for female offenders. The National Directorate of Penal Establishments under the Ministry of Government and Justice (MGJ) manages national penitentiaries for male inmates serving a prison sentence of three years or longer, departmental prisons for male inmates serving a custodial sentence of less than three years, and local jails for male inmates awaiting trial/disposition or serving a custodial sentence of up to 90 days, whereas the National Board of Social Welfare under the Ministry of Work is in charge of supervising female inmates housed in the Female Center of Social Adaptation in the Locality of Tamara, which was constructed in 1974 as the only facility available to women. Although the administration of these two subsystems is entrusted to different state agencies, the legal mandate and the stated mission of both are uniﬁed under the 1985 Law of Rehabilitation of Offenders, where the purpose of incarceration is set as aimed at the preparation of inmates for future social reinsertion through needs assessment and rehabilitative services. Female inmates generally live under conditions similar to those of male inmates, but unlike their men counterparts, women do not have conjugal visit privileges. Children up to age two are allowed to stay with their mothers in captivity. There are a total of 26 correctional facilities in Honduras, 9 of which are penal farms. Although

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the amount and quality of resources available to penitentiary authorities have not changed in any signiﬁcant way, the number of inmates under their supervision increased by 218.8 percent between 1986 and 2005, from 3,636 to 11,592. The current incarceration rate of 161 inmates per 100,000 places a nearly unbearable burden on the very limited budget of the government, which has been forced to operate the entire prison system at 200 percent of its designed capacity. This situation is created and worsened by an ever-growing crime rate and an extremely inefficient court system: in 2008, 53 percent of Honduran inmates were detained defendants awaiting trial or trial disposition. Pretrial detainees regularly are housed together with convicted offenders in mixed quarters. The ﬁrst direct consequence of overcrowding and restricted resources is the abandonment of the progressive ideal of transforming prison inmates for a productive lifestyle. Existing prison-based remedial services are insufficient to reverse the human and social deﬁcits of most inmates. Furthermore, physical and sanitary conditions in most settings are deplorable to the point of breeding resentment and hostility among inmates. Health care and psychiatric attention are barely existent, and medicines, basic amenities such as soap and towels, and even extra food must often be supplied by family members or procured with personal means from outside the institution. Sport and other recreation activities are generally scarce, except at the women’s facility. Prison violence, particularly inter-gang warfare, and deadly accidents have become the hallmark of overcrowded Honduran prisons. For example, in May 2004, a morning ﬁre ignited by a shortcircuited refrigerator at the congested San Pedro Sula prison in northern Honduras consumed a cellblock housing gang members, killing 103 and injuring 25 others. Some inmates were believed to have been shot dead by guards who were afraid of a massive escape during the chaos. Prison managers have tried to classify inmates into three groups—maras (active gang members), pesetas (former gang members), and paisas (those who have never been in a gang)—and to segregate inmates from opposing gangs in different facilities or in different units of the same facility to reduce prison violence. Yet no

sign of major improvement has been seen. In 2003, an inter-gang ﬁght at La Porvenir prison outside Tegucigalpa triggered a shootout and riot that left close to 100 inmates dead. In April 2003, 69 inmates were killed in a penal farm outside La Ceiba called La Granja. In April 2008, 9 inmates died in the San Pedro Sula prison; eight days later, 18 of the inmates who were transferred from San Pedro Sula to another facility to the north of Tegucigalpa for protection were hacked to death. According to official statistics, at least 109 inmates lost their lives while incarcerated at the hand of rival gangs between January 2006 and October 2008. Inmates with mental disorders and those with infectious diseases such as tuberculosis are frequently housed with the rest of the prison population in shared quarters. All inmates are vulnerable to brutal and inhumane treatment by correctional officers, but homosexual inmates are most likely to suffer sexual violence by fellow prisoners, which is condoned, if not tacitly encouraged, by prison staff. Despite these many problems, Honduran prisons are quite transparent and generally open to visits by independent local observers and international human rights organizations, who have been working with the government to promote needed prison reforms.

Death Penalty The last judicial execution was carried out in 1940, and capital punishment was formally and completely abolished in 1956. However, in response to the pervasive fear of violence and crime among the citizenry, several presidential candidates in recent electoral campaigns have expressed support for the reinstatement of death penalty through national referenda if given a chance. Hung-En Sung Further Reading Pine, Adrienne. (2008). Working Hard, Drinking Hard: On Violence and Survival in Honduras. Berkeley: University of California Press. Prillaman, William. (2002). “Honduras.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, edited by Herbert Kritzer, Vol. 2, pp. 656–661. Santa Barbara, CA: ABC-CLIO.

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Jamaica

Ungar, Mark. (2006). “Honduras.” In World Police Encyclopedia, edited by Dilip K. Das and Michael J. Palmiotto, Vol. 1, pp. 361–368. New York: Routledge.

Jamaica Legal System: Common Murder: High Corruption: Medium Human Trafficking: Medium Prison Rate: Medium Death Penalty: Yes Corporal Punishment: Yes

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600 miles south of the Florida panhandle. It is approximately 146 miles long and 50 miles wide. Formerly a British colony, Jamaica gained independence from the United Kingdom on August 6, 1962. With a population of approximately 2.7 million persons, Jamaica is the largest English-speaking country in the Caribbean. Over 90 percent of the population is black with the rest of the population comprising persons of Chinese, East Indian, European, and mixed heritage. The capital of Jamaica, Kingston, is located in the southeastern corner of the island. Jamaica has two cities, Kingston and Montego Bay.

Government

Background Jamaica is an island located in the Caribbean Sea approximately 90 miles south of Cuba and almost

Jamaica is a constitutional parliamentary democracy patterned on the British Westminster model. The queen of England is Jamaica’s head of state and is represented by a governor-general. The prime minister is the member of the Jamaican Parliament who

Jamaica’s prime minister P.J. Patterson, center, signs the document ratifying the agreement establishing the Caribbean Court of Justice (CCJ), June 9, 2003, at Jamaica House in Kingston, Jamaica. The ratification paves the way for the CCJ to become the final court of appeal instead of the Privy Council in England. Looking on are Owen Arthur, left, prime minister of Barbados, and Ralph Gonsalves, prime minister of St.Vincent. (AP Photo/Collin Reid) © 2011 ABC-Clio. All Rights Reserved.

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commands conﬁdence of the majority of the members of the House of Representatives. The prime minister chairs the cabinet of ministers, which initiates government policies and is responsible for the general direction and control of the government. The legislative arm of government is a bicameral Parliament consisting of the Senate (21 members) and House of Representatives (60 members). The judicial arm of government is made up of the Judicial Committee of the Privy Council that sits in London, England; the Court of Appeal; the Supreme Court; and the resident magistrate’s courts. There is a Judicial Service Commission that makes recommendations on the appointment and removal of judges and exercises disciplinary control when necessary. The Judicial Service Commission consists of the chief justice, the president of the Court of the Appeal, the chairperson of the Public Service Commission, and three other members appointed by the governor-general on the advice of the prime minister in consultation with the leader of the opposition. The head of the judiciary is the chief justice, whose office is made secure by the Constitution. The governor-general appoints both the chief justice and the president of the Court of Appeal on the advice of the prime minister after consultation with the leader of the opposition. At the Supreme Court and Court of Appeal levels, judges’ positions, salaries, and conditions of service are secured by the Constitution.

Evolution of the Legal System Originally colonized by Spain, Jamaica was conquered by England in 1655, and the common law was introduced via a proclamation of the Crown on December 14, 1661. The sources of law in Jamaica include the Constitution, legislation, common law and judicial precedent, custom, equity, and increasingly, international law and the law of regional treaties. The operation of judicial precedent in Jamaica has been impacted by the structure of the court system and the hierarchy of courts. Judgments of the Privy Council hold the most authority in the hierarchy of courts in Jamaica, and decisions of the Privy

Council are binding on all courts. The Caribbean Court of Justice (CCJ) was established on February 14, 2001, and was designed to replace the Privy Council of England and to be the ﬁnal court of appeal for the member states of the Caribbean Community (CARICOM), of which Jamaica is party. In recent years, there has been signiﬁcant debate concerning the establishment and jurisdiction of the CCJ. In 2005, the Judicial Committee of the Privy Council ruled that the acts of Parliament seeking to establish the CCJ as the ﬁnal court of appeal in Jamaica were unconstitutional and therefore void.

Criminal Justice System Prior to 2001, the Ministry of National Security and the Ministry of Justice were one unit. Currently, they are separate ministries with their own missions, administrative units, and budgets. The Ministry of Justice is composed of the courts, the Chief Parliamentary Counsel, the Attorney General’s Department, the Office of the Director of Public Prosecutions, and the Legal Reform Department. The Ministry of Justice protects the constitutional rights of the citizens, maintains the independence of the judicial system, carries out legal reform, provides the means of redress when people are abused by the state, and executes legal directives imposed by the courts. The Ministry of National Security exercises the overall responsibility for the security and defense of Jamaica. It has under its auspices the Jamaica Defense Force, the Jamaica Constabulary Force, and the Department of Correctional Services. It is responsible for the Private Security Regulations Authority (PRSA), which registers private security guards and security companies, and the Firearm Licensing Authority (FLA), which regulates ﬁrearm licenses in the country. The Ministry of National Security also has a number of social programs in collaboration with other ministries that are aimed at building social cohesion and enhancing community safety in the island. Among them are the Citizen Security and Justice Program, the Community Security Initiative, the Safe Schools Program, and the Parish Crime Prevention Program.

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Jamaica

The Police

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Crime

The Jamaica Constabulary Force (JCF) was founded in 1845. The Island Special Constabulary Force (ISCF) is the main auxiliary body of the JCF. Its main roles and responsibilities include traffic management, municipal policing, acting as court orderlies, preventing and controlling public disorder, enforcing environmental and larceny laws, and maintaining the security of government departments, agencies, the residence of judges, and other officials. The commissioner of police is the head of the police force and is responsible for the overall command and superintendence of the JCF. The senior management groups, which are organized into activities described as portfolios, are below the rank of the commissioner. The Administration and Support Services portfolio is responsible for the coordination of the administrative machinery of the force. The Operations portfolio is responsible for services such as the control and regulation of trafﬁc, community safety and security, ﬁrearms and coastal security, the mobile reserve, and community relations. The Crime portfolio comprises three main units: Criminal Investigation Bureau (CIB), Serious and Organized Crime, and Narcotics. The Intelligence portfolio oversees the National Intelligence Bureau and Operation Kingﬁsh, a special anticrime initiative that focuses on the major organized criminal networks in Jamaica. As of March 2008, the strength of the JCF stood at 8,195 members, of which some 6,000 were below sergeant rank. The ratio of police to citizenry was 1:315 persons. The JCF is separate from the Jamaica Defense Force (JDF), which is the country’s military. The JDF is composed of an Infantry Regiment and Reserve Corps, an Air Wing, a Coast Guard ﬂeet, and a supporting Engineering Unit. The JDF functions to defend the country in the event of aggression, as well as to assist the police and other agencies in the event of civil disturbances or major disasters. The JDF also performs surveillance of Jamaica’s territorial waters to prevent the smuggling of narcotics into the country.

Classification of Crime There are three classiﬁcations of offenses: those triable only on indictment, those triable only summarily, and those triable either way. An indictable offense is a serious breach of the law that is tried by a judge and often a jury. Indictable offenses include felonies and misdemeanors and are tried in a Supreme Court. Summary offenses are tried by resident magistrates and/or justices of the peace and do not need to be tried with a jury. Both statute and common law determine which offenses are summary or indictable or triable either way. The following well-known offenses are indictable and usually tried by a jury in Jamaica: murder, manslaughter, rape, carnal abuse, robbery with aggravation or violence, arson, abduction, and kidnapping. In some cases, the summary trial of an indictable offense is allowed. The Judicature Resident Magistrates Act confers authority on a resident magistrate to hear an indictable offense in a resident magistrate’s court. To proceed with such a case, the resident magistrate must hold the power to deliver punishment that is adequate for the offense that was charged. The age of criminal responsibility is 12 years old. Under the Dangerous Drugs Act, illegal drugs in Jamaica include cocoa leaves, ganja (also referred to as marijuana), raw opium, prepared opium, morphine, and cocaine. It is unlawful to import, export, produce, cultivate, or deal in any of these. Breaches of this law may be an indictable or a summary offense. The Firearms Act controls the importation, exportation, transshipment, manufacture, sale, purchase, disposal, possession, and use of ﬁrearms and ammunition in Jamaica. Firearm offenses, except for murder and treason, are tried in a specialized court known as the Gun Court, which was established in 1974 by the Gun Court Act. Crimes that are seen as a particular challenge to the country include murder, shooting, rape, robberies, drug trafficking, illegal ﬁrearm trafficking, and increasingly, kidnapping. According to data from the Jamaican Constabulary Force, the homicide rate per 100,000 residents

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was 8.1 in 1970. It grew to 41.7 in 1980, declined until about 1990, and then started rising again, reaching 63.2 in 2005. It was 59.1 in 2007. In 2002, the Report of the National Committee on Crime and Violence outlined the root causes of violence. These included an over-centralization of power that leaves communities without the wherewithal to solve their own problems, excesses in policing that have fractured the relationship with communities, political tribalism that has bred a dependency syndrome in many of the nations’ citizens and divided communities along party lines, nontraditional community leadership that has its roots in tribal politics and the drug culture, and ﬁnally, protracted economic hardships that have denied many citizens an opportunity to earn a livelihood. Other issues bearing weight on the high rate of crime and violence include the high availability of ﬁrearms and other weapons, the drug culture, corruption in government institutions, and the weak ﬁnancial status of civil society organizations. Jamaica is faced with a lack of social and economic progress in some communities, and the culture of violence that has developed has led to the public having high levels of fear. The criminal justice system depends on the cooperation of citizens as witnesses and jurors, but the fear of retaliation impedes citizens’ willingness to participate, thereby affecting the proper functioning of the system. This is due in part to the fact that Jamaica has a cultural idea of “informer ﬁ dead,” which means that any person known to give information to the authorities with respect to a crime should die. This phenomenon is prevalent in urban Jamaica and has been reinforced by instances in which witnesses have been killed before being able to offer testimony in a case.

Crime Statistics According to the Statistics Department of the Jamaica Constabulary Force, for the calendar year 2007, there were 5,728 reported major offenses against persons, which included murder, rape, carnal abuse, shootings, and robbery. There were 1,583 reported murders, 1,441 reported shootings, 670 reported rapes (female victims only), 427 reported cases of carnal abuse, and 1,598 reported cases of robbery. For other offenses against per-

sons, there were 50 reported suicides and 4,036 reported cases of felonious wounding. Major offenses against property included 331 reported cases of burglary, 611 reported dwelling-house breakings, and 525 other breakings. There were 2,259 reported breaches of the Firearms Act and 9,452 breaches of the Dangerous Drugs Act. Other offenses included 783 reported cases of fraud and 100 reported cases of arson. The implements used to commit murder in 2007 included guns (1,246), knives (194), machetes (59), and other implements, such as blunt objects (83). Of the 1,598 robberies, a gun was used in 1,149 cases, and a knife was used in 244 cases, and a combination of a knife and a gun was used in 71 cases. During 2007, the JCF recovered 648 stolen ﬁrearms, and a total of 97 ﬁrearms were reported stolen. In 2007, the main types and quantities of drugs seized by the police included marijuana (37,439 kilograms), cocaine (98.2 kilograms), crack (2.6 kilograms), hash oil (41 kilograms), and Ecstasy (1,023 tablets).

Finding of Guilt Rights of the Accused The Constitution provides that any person charged with a criminal offense has the right to a trial by an independent and impartial court. The trial should be commenced within a reasonable time from the date of the criminal charge. A person is presumed innocent until he or she is proven guilty or until he or she has pleaded guilty to the offense. Every person who is charged with a criminal offense must be informed of the nature of the offense in a language that he or she can understand, and adequate time and facilities to prepare their defense must be given. A person charged with a criminal offense has the right to defend himself or herself in person or by choosing legal representation. All persons charged have the right to examine the witnesses called by the prosecution and to have witnesses in their defense by the same conditions afforded the prosecution. If necessary, they also have the right to an interpreter if English is not understood. A person should not be charged with a criminal offense when at the time the act was committed, it did not constitute a criminal offense. Also, no penalty should be imposed

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for a criminal offense that is more severe than the maximum penalty that might have been imposed at the time the offense was committed. A person may not be charged for a criminal offense for which he or she already stood trial and was convicted, acquitted, or pardoned. The Constitution provides that any person who is arrested or detained shall be informed as soon as reasonably practicable of the reasons for the arrest or detention in a language that he or she can understand. Once arrested, a person should be brought without delay to a court and tried within a reasonable time. The Office of the Public Defender investigates circumstances in which it is alleged that a person’s constitutional rights have been violated.

Legal Aid The Legal Aid Council provides services to persons who are being detained before a court appearance and provides legal advice to persons detained or accused of an offense. It may also make representation for bail at the place of remand and represent the accused on their ﬁrst appearance in court. A legal aid certiﬁcate may be granted after it has been veriﬁed that the accused has insufficient means to secure legal services. Legal aid may be denied if the accused is charged with an “excepted” offense, which includes certain offenses under the Money Laundering Act and the Dangerous Drugs Act. Although the Legal Aid Act makes provision for legal aid in civil matters, at present, it is granted only in criminal matters. The Legal Aid Council is administered by a board composed of a chairperson and not less than 13 and not more than 15 members. It maintains a panel of attorneys who are willing to offer their services to persons in need of legal aid. Presently, there are 295 attorneys on the panel. During the 2006–2007 ﬁscal year, 1,137 persons were given legal aid assistance, which accounts for a 22 percent increase over the previous year.

Prosecution and Investigation Criminal cases are prosecuted by the director of public prosecutions (DPP). According to the Constitution, the DPP has the power to institute and

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undertake criminal proceedings against any person who has committed an offense against the law of Jamaica. He or she also has the right to take over and continue criminal proceedings that may have been initiated by another person or authority as well as the power to stop criminal proceedings at any stage of the process as long as a judgment has not yet been rendered. The DPP advises the police and government departments on criminal matters and prosecutes criminal cases in the Supreme Court, Gun Court, and the resident magistrate’s courts. The DPP also supervises coroners under the Coroners Act. The position of DPP may be ﬁlled only by a person who has the qualiﬁcations to be appointed as a judge in the Supreme Court, and the position may be held until the DPP is 60 years old or until 65 years with permission from the governor-general. Police officers are granted the right to lay charges and prosecute in police cases under the Constabulary Force Act. The act provides that any member of the police force may lay a charge, and police officers may appear before a resident magistrate or justice of the peace and inquire into the charges laid and examine the witnesses. Although police officers have the right to prosecute cases, police prosecutors are subject to the overall control of the DPP because of the constitutional power granted the DPP to take control of all criminal prosecutions. The investigation of cases is handled primarily by the police. The clerk of the courts may also prosecute cases in the resident magistrate’s courts. The clerk is a trained lawyer who is empowered to prosecute cases by the Judicature Resident Magistrates Act. The clerk of the courts may prosecute trials for both indictable and summary offenses as the minister of justice directs. It is also the duty of the clerk of the courts, with the assistance of the principal officer of the constabulary, to prepare any indictable case for hearing and to procure the attendance of the witnesses for both the prosecution and the defense. Justices of the peace are authorized to hear certain cases that fall within the jurisdiction of the resident magistrate’s court. They are persons of unquestionable integrity who seek to promote and protect the rights of the individual. Under the Justice of the

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Peace Jurisdiction Act, they have the power to issue summons, to issue warrants for an arrest, and to consider applications for bail. For criminal offenses, justices of the peace may hear only summary cases, and this may be done only with two justices of the peace sitting together. The maximum penalty imposed by a justice of the peace is JMD$2,000 (about US$24), and the maximum term of imprisonment imposed cannot exceed three months.

Power of Arrest Police officers are given the power of arrest under the Constabulary Force Act. If a warrant is made for the person’s arrest, the warrant does not have to be in the officer’s possession at the time of the arrest, but on the demand of the person apprehended, the warrant must be shown to the person as soon as possible. It is lawful in Jamaica for a police officer to arrest a person without a warrant. Any person who is apprehended by a member of the constabulary force must then be taken to a police station or lockup, and the officer or sub-officer in charge may grant bail to the person in accordance with the Bail Act. If a person refuses or is unable to provide a security that is required as a condition for bail, that person may then be detained in custody until he or she can be brought before a justice of the peace. If the person is in the custody of the police force without the warrant of a justice of the peace, then that person is also eligible to be granted bail unless the person is in custody on a charge of murder or treason.

Bail The Bail Act provides that an accused person may be released on bail, and this may be granted by a court, a justice of the peace, or a police officer. A person who is charged with an offense must not be held in custody for longer than 24 hours without the question of bail being considered. A person who is charged with murder or treason may be granted bail only by a resident magistrate or a judge. Bail may be denied a defendant if the court, the justice of the peace, or the police officer believes that if the person is released on bail, he or she would fail to surrender

to custody, commit an offense while on bail, interfere with witnesses, or otherwise obstruct the course of justice. Other factors taken into consideration include the seriousness and nature of the offense, the defendant’s character, the defendant’s associations and community ties, the defendant’s record, or any other relevant factor. If the defendant is refused bail, he or she has the right to be given the reasons why bail was refused. The defendant must also be notiﬁed of the right to appeal the decision. The penalty for absconding bail is a summary conviction and a ﬁne up to JMD$500,000 (about US$5,800) or a term of imprisonment up to two years.

Criminal Courts The highest court in Jamaica is the Judicial Committee of the Privy Council, which sits in England. Next is the Court of Appeal, which hears disputes of judgments made by the Supreme Court and the resident magistrate’s courts in all civil and criminal matters. It consists of the chief justice, who is an ex-officio member, a president, and up to six judges. The chief justice cannot sit in a case in the Court of Appeal unless four other Court of Appeal judges are sitting in the case and the president of the Court of Appeal invites the chief justice to sit. A judge of the Court of Appeal must be an attorney-at-law for at least 10 years and holds the office until attaining the age of 70. Currently, there are seven judges on the Court of Appeal. The Supreme Court is a superior court of record and exercises unlimited jurisdiction in civil and criminal matters. Its criminal cases are handled by circuit courts after committal by resident magistrates. The Supreme Court consists of the chief justice, a senior puisne judge, and at least 20 other puisne judges. Circuit courts are the criminal jurisdiction of the Supreme Court and are convened in each of the parishes in the country. The total number of criminal cases disposed of within the criminal division of the Supreme Court 2006–2007 was 523. The highest number of cases (29 percent) originated from the Home Circuit Court. The resident magistrate’s courts have limited jurisdiction in both civil and criminal matters. They

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do not hold trial for the criminal offenses of murder, treason, and rape except for a preliminary inquiry. In such an inquiry, the resident magistrate’s court will determine whether there is sufficient evidence for the accused to stand trial in a Supreme Court. There are 14 resident magistrate’s courts, one in each parish, and each is presided over by a judge known as a resident magistrate. A resident magistrate must be an attorney-at-law for at least ﬁve years before consideration for appointment. There are between 40 and 50 resident magistrates and no less than 9 at any one time. Petty sessions courts hear minor criminal cases and are presided over by justices of the peace.

Trial The majority of criminal cases in Jamaica are resolved through trial. In 2006–2007, a total of 296,695 criminal cases were ﬁled in the resident magistrate’s courts. Of that number, 244,101 were disposed. In the criminal division of the Supreme Court, 1,632 cases were ﬁled, and 523 cases were disposed. There were 340 new cases ﬁled in the Court of Appeal in 2006–2007 and 893 cases brought forward from the 2005–2006 period. During the 2006–2007 year, the Court of Appeal disposed of 412 cases. Approximately 55 percent of the cases disposed of were criminal matters. In 2007, there were 17 cases from Jamaica that received a judgment by the Judicial Committee of the Privy Council in England.

Alternatives to Trial Alternatives to trial currently include the use of mediation services offered by the Dispute Resolution Foundation (DRF), which is a private voluntary foundation established in July 1994. The DRF encourages the use of alternative dispute resolution techniques to resolve conﬂict and has established Peace and Justice Centers throughout the island. On September 18, 2006, the Supreme Court of Jamaica instituted the automatic referral of cases in the civil jurisdiction to a court-appointed mediation referral agency. The Dispute Resolution Foundation is the only mediation referral agency at the

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moment, and jurisdiction has not yet been granted in criminal proceedings.

Juveniles There is a separate system for juveniles, and special provisions are made for the trial and punishment of a juvenile. A juvenile in Jamaica is a person who is under 18 years of age. From arrest to trial to sentencing, juveniles follow a different set of rules. The Jamaica Constabulary Force established a juvenile unit within the Community Relations Branch of the force. There are four main methods used by the police when handling juvenile offenders. These include an outright release without further action; a voluntary program of counseling with the assistance of social services; police counseling treatment consisting of mainly supervision, which must be agreed to by the parent or guardian of the offender; and ﬁnally, arrest and referral to the Children’s Court. Once a juvenile is detained at a police station, he or she must be kept separate from adults and prevented from associating with adult prisoners. After being charged, a juvenile is expected to be released to his or her parent or guardian. In circumstances where the juvenile is charged with murder or other grave crimes, there is reason to believe that the ends of justice would be defeated, or it is necessary to remove the juvenile from association with a reputed criminal or prostitute, then a juvenile may not be granted bail. If a juvenile is not released on bail, he or she must be kept in a juvenile remand center until he or she is brought to court. The parent or guardian of the juvenile arrested is required and warned to attend court and when necessary may be summoned to court. The Children’s Court has the all the powers of the resident magistrate’s courts, and all proceedings in relation to a child are to be heard in the Children’s Court. This includes cases involving juveniles as both victims and offenders of crime. If a juvenile is charged jointly with a person who has attained 18 years, the case is not heard in the Children’s Court. Once brought before the court, it is the duty of the court to explain to the child, in as simple language as possible, the reason for the child being in court

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and that the child is entitled to the assistance of a children’s advocate. The law provides that no person shall be present at the Children’s Court except members and officers of the court, any authorized person deﬁned by the Child Care and Protection Act, parties to the case, the parties’ attorneys-atlaw, witnesses and other persons concerned with the case, bona ﬁde representatives of newspaper or news agencies, and any other persons as the court may specially authorize to be present. The proceedings of the Children’s Court are restricted, and the names of the victims and offenders are not usually publicized. Where a child is charged with an offense, the case is typically conducted through a summary trial unless the juvenile is charged with an indictable offense, such as murder.

Punishment In general, penalties are determined by the statute that created the offense. Punishments include a term of imprisonment, monetary ﬁnes, community service, corporal punishment, curfew order, attendance order, or mediation order. The death penalty is the punishment for murder and treason. A term of imprisonment is the typical punishment for serious offenses, and the length of the term will be determined by the type of crime committed. In less serious offenses, monetary penalties may be charged. Life imprisonment is the typical sentence for murder, attempted murder, rape, or ﬁrearms trafficking. Drug production or trafficking can result in a ﬁne or imprisonment up to 35 years or both. Imprisonment with hard labor up to 21 years is typical for robbery with use of an offensive weapon, whereas other robberies typically get imprisonment with hard labor up to 15 years. Imprisonment up to 21 years is typical for burglary, and other housebreaking generally gets imprisonment up to 10 years. Imprisonment up to 10 years is also typical for conspiracy to commit murder and attempted rate with use of a weapon. Illegal possession and use of a ﬁrearm could result in imprisonment up to ﬁve years and/or a ﬁne up to JMD$100,000 (about US$1,170).

Monetary Fines A ﬁne is the most typical and frequent form of punishment imposed on offenders in summary offenses. A period of imprisonment may also be imposed for default on the payment of ﬁne including if it was only partially paid or not paid on time. The maximum amount of the ﬁne is typically set by statute, but the court will decide on the amount to be paid based on factors such as the means of the defendant, the nature of the offense, the age of the defendant, and previous convictions.

Imprisonment For indictable offenses, imprisonment is a typical form of punishment meted out to the convicted person. The maximum term of imprisonment is determined by the statute governing the offense. It is not the norm for imprisonment to be imposed for a summary offense. A term of imprisonment is the typical punishment for offenses such as trafficking in illegal drugs, certain offenses against the person, and certain breaches of the Firearms Act. Parole may be granted and is governed by the Parole Act. An inmate may become eligible for parole after one-third of the sentence is served or after a period of 12 months, whichever is greater. For a person convicted of murder after February 18, 2005, and sentenced to imprisonment for life, he or she may become eligible for parole after a period of 10 years or a period speciﬁed by the court. A parole order may be revoked if the parolee breaks the rules of the parole order set forth by the court.

Probation Probation is governed by statute and is granted depending on the type of offense and the seriousness of the offense, as well as the character, mental health, age, and home surroundings of the offender. The Probation of Offenders Act stipulates that probation should last for a term of one to three years. Probation orders may include conditions such as abstaining from alcoholic beverages or living within a certain court district. Probation may be revoked

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Jamaica

if an offense is committed during the probationary period or if the probationer fails to comply with the conditions of the probation.

Other Sentences The community service order is now an alternative to serving a term of imprisonment in Jamaica. The convicted offender serves the entire sentence or a part of the sentence by performing unpaid work in the community for a period of time determined by statute. The Criminal Justice Reform Act speciﬁes that community service orders may run concurrently, and in the case where they are made to run consecutively, they may not exceed a maximum of 480 hours. The community service may not conﬂict with the offender’s religious beliefs or with the times that the offender works, is in school, or is attending an educational program. Community service orders cannot be given for offenses that involve violence or the use of a ﬁrearm. Exceptional circumstances may cause a suspended sentence to be delivered and include factors such as good character, the mental health of the defendant, or whether or not a defendant’s personal circumstances may make it difficult to serve the sentence in prison. If a defendant commits another offense during the period of a suspended sentence, the sentence may be activated. Typically, a suspended sentence is imposed on a term of imprisonment that is not more than three years. An attendance order is another form of punishment that may be imposed on a person who is over the age of 18 years and who has been convicted of an offense other than murder. Rather than imprisonment, the court may require the convicted person to attend a day training center for a certain number of hours over a speciﬁed period. A curfew order may be imposed for any offense other than murder and on a person who has attained the age of 18 years. The requirements of a curfew order must not conﬂict with the offenders’ religious beliefs or interfere with the times that he or she would normally work or attend an educational institution. In some instances, electronic

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monitoring requirements may be added to the curfew order. A mediation order may be delivered by an approved mediator of the court. The court will typically place a limit on the time in which the mediation should be concluded and specify a time by which a report on the mediation needs to be submitted. Typically, the court will require that the parties involved appear before the court to discuss whether the matter has been resolved by mediation. If the matter was resolved, the court will then either dismiss the charges against the person charged or incorporate the terms of the mediation agreement, if any, into an agreement reached by the court. If the matter was not resolved, the court will proceed to try the case. Corporal punishment remains part of the law under the savings clause and the Crime (Prevention of) Act, which specify that ﬂogging administered with a cat-o’-nine tails and whipping with a tamarind switch are both still allowed. The savings clauses of the Jamaican Constitution specify that any form of punishment that was valid before independence shall remain so after independence. It is open to the legislature to abolish corporal punishment by an act of Parliament, but the legislature has not done so to date. Corporal punishment may not be imposed on a female or on a male under the age of 16 years. Corporal punishment in Jamaica has not been used in recent times.

Death Penalty The death penalty is allowed in Jamaica. The mandatory sentence of death for capital murder was held to be unconstitutional by the Judicial Committee of the Privy Council in 2004 in the case of Lambert Watson v. The Queen. Following that decision, the Jamaican Parliament amended the Offenses against the Person Act to indicate those categories of murder that could, on the discretion of the judges, give rise to the death sentence. Accordingly, the death penalty may be sentenced if a person is convicted of the murder of a member of the military forces, a member of the police force, a

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member of the correctional services, a judicial ofﬁcer, or a justice of the peace all while executing their duties; a juror, present or past; or a witness to or party in a pending or concluded civil or criminal case. The death penalty may also be imposed for murder that occurred in the course of committing a robbery, burglary or housebreaking, arson to a dwelling, a sexual offense, paying to cause or assisting to cause the death of another, or any other act of violence that by its nature creates a state of fear in the public. Pregnant women may never be sentenced to the death penalty. In fact, no women have been executed pursuant to death penalty law in Jamaica since its independence. A person convicted of murder who has received the death penalty has the right to appeal the sentence. The person may appeal to the Court of Appeal, and in some instances, his or her appeal may also be heard by the Judicial Committee of the Privy Council. The method of execution in Jamaica is hanging, and there have been no executions since 1988. The highly publicized case of Earl Pratt and Ivan Morgan versus the attorney general for Jamaica and the superintendent of prisons was heard by the Judicial Committee of the Privy Council in 1993, which ruled that Pratt and Morgan had suffered cruel, inhumane, and degrading punishment because they had served 14 years on death row. Since that ruling, the practice has been to commute death row sentences to life sentences if the prisoner has served more than 5 years on death row.

Punishment of Juveniles A juvenile may not be sentenced to imprisonment in Jamaica; rather, a juvenile must be placed in the custody of a juvenile correction center. Where a child has been found guilty of any offense before a Children’s Court, that court may make an order to dismiss the case; send the offender to a juvenile correctional center; order the parent or guardian of the offender to pay a ﬁne, damages, or costs; or commit the offender to the care of any ﬁt person, whether a relative or not, who is willing to undertake the care

of the child. The court may also make an order of probation under the Probation of Offenders Act or order the parent or guardian of the offender to enter into a recognizance for the good behavior of such offender. A juvenile may never receive the death penalty. Persons under age 18 convicted of murder would be sentenced to “detention during the Court’s pleasure,” which means in effect that they remain in custody until the court opts to have them released.

Prison The Department of Correctional Services oversees the prison system. The mission of this department is to contribute to the safety and protection of society by keeping offenders secure and facilitating their rehabilitation and reintegration as law-abiding citizens while developing a professional and committed staff. The aim of the programs of rehabilitation is to assist inmates to live productive lives upon release. The functions of the department are determined by statute and imposed by the courts. The Department of Correctional Services is composed of a head office in Kingston, seven adult correctional centers, and three juvenile correctional centers. Correctional services throughout the island include probation, aftercare, parole, and prevention offices. There are six adult male prisons and one adult female prison. Of the three juvenile correctional centers, two hold male juveniles and one holds female juveniles. There is also one adult remand center and one juvenile remand center. The overall holding capacity of all prisons in Jamaica, including both adult and juvenile centers is 4,247 inmates. According to the Department of Correctional Services, the actual prison population as of January 2008 was 4,861 inmates. The most common offenses for admittance to the adult services were drug offenses, breaches of the Firearm Act, larceny, felonious wounding, and other minor offenses. The Tower Street Adult Correctional Centre is the island’s biggest prison. It was formerly known as the General Penitentiary and is located in Kingston. According to the Department of Correctional

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Services, the holding capacity is 850, and it presently houses 1,620 inmates. Overcrowding can lead to unhygienic conditions that foster the spread of disease, as well as tensions and riots. In 2007, 197 violent incidents occurred in the adult correctional institutions, with the majority occurring in the Tower Street facility. In 2006, the department acquired land and a building in Montpelier, St. James, which will be used to establish a juvenile correctional center. In 2008, it expects to complete the predesign of a new 5,000-bed facility and to initiate phase one of the Montpelier Project.

Work Programs for Inmates Inmates are not required to work or attend classes; instead, inmates may volunteer to participate in various rehabilitation programs. The rehabilitation programs aim to reduce the rate of reoffending and promote behavioral changes among the inmates, so that once released, they can readjust to the norms of society. The programs also aim to eradicate illiteracy among the inmates and to help them acquire marketable skills in various areas. There are four main types of rehabilitation programs: education, agricultural practices, vocational, and life skills. Of the inmates involved in rehabilitation programs, approximately 50 percent are participants in the educational programs. These programs include education in information technology; the School Bench Project, which trains and certiﬁes inmates in furniture making; and the Rehabilitation Thru Music program, which creates opportunities for inmates to record songs and produce music videos while they are incarcerated.

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Visitors are subject to being searched. Lawyers are also subject to search when visiting their clients, a point that has prompted some degree of discussion.

Prisoner Exchange Programs As of this writing, Jamaica has agreed to a memorandum of understanding with the United Kingdom for the development of a prisoner exchange program. This is a one-off agreement that proposes that approximately 40 Jamaican-born offenders currently incarcerated in the United Kingdom will be transferred to Jamaica. The aim of the program is to promote family reuniﬁcation and reduce the hardship placed on Jamaican families whose family members are serving time far away from home. Offenders convicted of violent crimes such as murder, rape, or shooting are not eligible to participate in the program. The transfer of prisoners will depend on space availability in the Jamaican prisons as well as the prisoners’ agreement to participate in the program. To date, the necessary domestic legislation to instigate the program has not yet been ratiﬁed, and no prisoners have been transferred to Jamaica as yet. Glendene Lemard Further Reading Antoine, Rose-Marie. (2008). Commonwealth Caribbean Law and Legal Systems. 2nd ed. London: Routledge-Cavendish. Harriott, Anthony, ed. (2003). Understanding Crime in Jamaica: New Challenges for Public Policy. Kingston: University of the West Indies Press. Ministry of Justice Web site: http://www.moj.gov. jm/.

Visiting Policies for Prisons All inmates are given the opportunity to communicate with visitors. Special visits may be given in certain circumstances with the discretionary approval of the superintendent. Visiting privileges are granted for ﬁve-minute periods, but the length of time for discretionary visits is decided by the superintendent.

Ministry of National Security. (2002). Report of the National Committee on Crime and Violence. Kingston: Ministry of National Security. Vasciannie, Stephen. (2002). International Law and Selected Human Rights in Jamaica. Kingston: Council of Legal Education.

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Martinique Legal System: Civil Prison Rate: Medium

Background History of the Legal System Martinique was ﬁrst encountered by Christopher Columbus in 1502. The island became a French territory in 1635 under the Compagnie des Isles d’ Amerique created by Richelieu. A general prosecutor and a judge governor were in charge of the legal system of the island until 1685. The criminal justice system of Martinique was organized around the slave trade. The Code Noir, for example, forbade cruelty against slaves and also regulated the use of physical force to punish the slaves. Martinique was occupied by England from 1794 to 1802, a period during which revolutionary movements emerged on the island. However, the colony was transferred back from England to France in 1802, allowing for slavery to be regulated under the laws of the French government. A general captain was then responsible for the defense of the colony, and a grand judge was responsible for the administration of justice. No real changes were noted in the judicial system from 1830 to 1848. A series of laws enacted on April 27, 1848, abolished slavery. After 1848, the criminal justice system was marked by centralism with the application of law entirely submitted to the authority of the governor, annihilating the local powers. Republican institutions were implemented from 1870 to 1885, and the citizens of Martinique obtained republican rights such as voting. Law passed on July 27, 1881, granted freedom of press. The current criminal justice system shadows the French system that evolved after the French Revolution. The law of March 19, 1946, proclaimed Martinique as a French department. The territory is now divided in four districts: Fort-de-France, Trinite, Le Marin, and Saint-Pierre. All national legislation is applicable to the department but can be modiﬁed to situations speciﬁc to Martinique.

As a French department, Martinique is a member of the European Union and beneﬁts from speciﬁc measures that adapt communitarian law to the particular characteristics and constraints of the region. The legal system in Martinique is inquisitorial and is similar to the French legal system. It was introduced by the Ordonnance of Colbert in 1791 and was based on the code of penal procedures written under Napoleon. This justice apparatus was officially implemented in Martinique after its departmentalization in 1946. The French criminal justice system has been undergoing modernization since 2007. Indeed, the map of the judicial system was modiﬁed to assure an effective distribution of magistrates. Two decrees were signed on February 15, 2008, to modify the location of the tribunaux d’instance and de grand instance. As of January 1, 2011, all jurisdictions will have undergone dramatic changes. This reform will also affect commercial courts. There are currently three tribunaux d’ instance in Martinique, located at Fort-de-France, Lamentin, and Cayenne. As of 2011, all courts will be located at Fort-de-France; the courts located at Lamentin will be closed. A maison de la justice et de droit (house of justice and law) will be created at Fort-deFrance; two antennes de justice (judicial antennas) will be created at Fort-de-France as well as at SainteMarie. These changes will lead to a better administration of justice as well as economical savings. Finally, the riots that occurred in Martinique in February and March 2009 in response to economic hardships could lead to a restructuring of economic and administrative institutions. As of this writing, the French prime minister is scheduled to visit the territory in the near future and will advocate for radical changes in the institutions of the island. Changes can therefore be expected in all governmental institutions, including the criminal justice system.

Police and Gendarmerie Similarly to other French territories and to metropolitan France, Martinique is policed by two different law enforcement agencies. The Police Nationale

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Martinique

is mainly responsible for urban areas and has ﬁve main roles, including the protection and safety of individuals, material goods, and institutions. The police are also in charge of the control of immigration movements, illegal work, organized crime, and drug trafficking. This agency is furthermore responsible for the protection of the territory against terrorism. As of 2008, there were 837 police officers in Martinique, 3 percent less than in 2007. The national police branch in Martinique is named La Direction Departementale de la Securite Publique. This agency has been undergoing restructuring since 2003. Manpower is being redistributed to answer emerging criminal activity such as drug trafficking. The national police personnel are divided between two districts. The Circonscription de Fort-de-France is a tourist area where community policing was introduced in 2003. The police department in the area is responsible for 110,000 inhabitants. Police officers are redeployed to sensitive areas such as sport and medical facilities. The second antenna, the Circonscription du Lamentin, is mainly composed of dangerous areas where delinquency has increased due to high population movements. The officers located in this area are responsible for 9,500 inhabitants. The other agency accountable for public order is the Gendarmerie Nationale. This agency is under the control of the Ministry of Defense, and it is composed of military personnel and civilians. These officers are responsible for maintaining law and order in rural areas. The Gendarmerie d’Outre-Mer has 531 officers in Martinique who are in charge of the protection of 85 percent of the population, dispersed on 98 percent of the territory. The main gendarmerie center is located at Fort-De-France, and two other antennas are located in Trinite and le Marin. These officers are divided into 26 brigades.

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Crimes against persons include homicide, rape, and torture. Infractions against goods include robbery and theft. Finally, terrorism and treason are considered as crimes against the state. All infractions are divided into three levels based on their characteristics, circumstances, and seriousness. Crimes are the most serious infractions and include murder, rape, armed robbery, and drug trafﬁcking. These crimes incur a minimum of 10 years of incarceration. Delits, the second type of serious infractions, incur imprisonment of less than 10 years, ﬁnes, and community service. They include theft and drug dealing. Finally, petty infractions include traffic violations. Fines are determined according to the seriousness of the offense. The age of responsibility is 18 years old. Individuals under 13 years old are deemed irresponsible, and juveniles between the ages of 13 and 16 are processed by the juvenile justice system. However, juveniles who commit serious crimes can be handled by the adult criminal justice system. Most convicted juvenile delinquents are sentenced to educational and vocational programs. Incarceration is used only for juveniles who may present a threat to public safety and whose rehabilitation is deemed improbable.

Challenges Drug use and drug trafficking have become significant challenges to Martinique society because of its geographic location. As exposed by multiple research agencies, drug use is widespread among juveniles and is often related to social conditions such as poverty. The recent redeployment of the Police Nationale is mainly aimed at reducing drug offenses. Between 2006 and 2007, there was a 42 percent increase in drug-related arrests.

Drug Offenses

Crime Classification of Crime Crimes are classiﬁed into ﬁve types of infractions: against individuals, against material goods, against the state, in organization, and without victim.

In Martinique, as in metropolitan France, drugs are classiﬁed into four categories: stupefying substances, psychotropic substances, medications, and dangerous substances. Stupefying drugs are heroin, cocaine, ecstasy, and cannabis. The production and distribution of these substances are

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prohibited by the French Code of Public Health. Penal measures may be avoided by arrestees if they obtain psychological and medical help. Provocation to drug trafficking can lead to ﬁve years of imprisonment and ﬁnes up to €75 (approx. US$106). Drug use can lead to up to one year of imprisonment, and possession of stupefying substances with intent to sell will incur a maximum sentence of 10 years’ imprisonment. Drug dealing may be punished by a maximum of ﬁve years of imprisonment. Finally, the organization of drug trafficking can result in prison sentences up to 30 years and ﬁnes up to €7,500,000 (approx. US$10,648). The lengths of imprisonment listed here can be doubled if these substances are sold to minors or in educational areas.

Crime Statistics According to the Institut National de la Statistique et des Etudes Economiques (INSEE), there were 21,444 infractions reported in 2007. There were 49 homicides, 286 sexual offenses including rape, and 2,607 burglaries. There were also 1,602 drugrelated arrests and 10,832 larcenies. Generally, criminal activity has been declining during the last few years. However, there was 14.52 increase in juvenile delinquency from 2006 to 2007.

Finding of Guilt Rights of the Accused The code of criminal procedures states that the accused individual must be immediately informed of the crimes or infractions for which an investigation is necessary. If the accused is unable to read or understand the charges pending, an interpreter or any other methods will be used to facilitate communication with this individual. The individual is also allowed to contact family members, roommates, and employers by phone during the ﬁrst three hours of detention. The accused also has the right to be examined by a physician and can be granted another visit if the detention lasts longer than 24 hours. A prosecutor or judicial agent

can also contact medical services if deemed necessary. Physicians are the only individuals allowed to conduct body searches. Once detained, the accused has the right to have a self-obtained lawyer or a state-appointed lawyer. The meetings between lawyers and accused are conﬁdential but cannot last longer than 30 minutes. If the detention lasts more than 36 hours, the accused has the right to another meeting with a lawyer.

Assistance Provided to the Accused Legal aid is available through the French public defender services. This aid is available only to individuals who cannot afford a private defender. The accused must prove a lack of ﬁnancial means. The Bureau d’ Aide Jurisdictionelle, a group composed of magistrates and counselors, decides if this legal aid will cover the amount of legal representation partially or entirely. However, this aid does not cover additional expenses related to the trial or ﬁnes imposed to the convicted individual.

Alternatives to Trial Individuals who are deemed mentally incapable during the completion of their crimes may be referred to psychiatric services instead of incarceration. The criminal code declares the accused free from criminal liability if a court-appointed psychiatric expert deems that the accused was mentally incompetent during his or her criminal activity. There are alternatives to trial for drug offenders and juveniles as well. However, the majority of offenses are resolved by trial. Plea bargaining, dispute resolution, and guilty pleas are not allowed under French law.

Pretrial Incarceration An individual may be incarcerated before trial for up to three years. The average length of preventive detention is four months. These individuals are not incarcerated with convicted offenders; they are housed in separate correctional facilities.

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Martinique

Investigation The beginning of an investigation is led by law enforcement officers. However, prosecutors or juges d’ instruction (in the most serious cases) seek to establish whether the prosecution of an individual is justiﬁable. All investigations are supervised by the judiciary. Judges are also required to investigate and obtain evidence incriminating an accused individual. Those judges are a charge et a decharge, meaning that they are responsible for ﬁnding evidence linking a suspect to a particular crime. These judges can also seek evidence proving the innocence of the accused. Defendants are not allowed to conduct their own investigation. Also, the judges can transfer their judiciary powers to police officials using a commission rogatoire. Finally, judges have the right to emit search, seizure, and arrest warrants. They can also meet with suspects at any time and can issue a preventive detention order.

Courts There are multiple courts located in Martinique, and they are staffed by more than 30 magistrates (judges) and 8 prosecutors. The tribunals d’ instance handle civil matters under €10,000 (approx. US$14,205) and notary law. There are currently three of these courts located at Fort-De-France, le Lamentin, and Cayenne. The tribunal de grande instance handles family laws and civil matters over €10,000. The tribunal de police handles violations; one magistrate is assigned to the processing of ﬁnes. There are two local judges, located in Fort-de-France and le Lamentin, who are responsible for delits as well as civil matters that do not exceed €4,000 (US$5,683). There is also a juvenile court, composed of one judge and two assessors located at Fort-De-France. An administrative court, a commercial court, and a conseil des prud’hommes are also located in Fort-de-France and handle administrative, commercial, and workrelated matters. There is an appellate court and an appellate administrative court located in Fort-deFrance. Finally, a criminal court, or cour d’assises, composed of a president (a judge) and two assessors,

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processes crimes. These judges are magistrates who received law school education and passed national exams. There is one assize court in each French department, including Martinique. This court meets at Fort-de-France and is held once every three months for a maximum of 15 days. Its members are highly trained magistrates who often travel from metropolitan France to hear criminal cases.

Juveniles The French juvenile criminal system was created in February 1945. Its primary goals are the reinsertion and rehabilitation of offenders between the ages of 13 and 18 years. Juveniles are handled by a separate system including specialized judges and magistrates. Also, speciﬁc facilities were created, preventing juvenile offenders from having contacts with the general inmate population. Juveniles judged as adults can be housed in the general inmate population. Finally, each department is responsible for its juvenile system. The family court of Martinique therefore handles all cases involving juvenile offenders.

Punishment Types of Punishment There are numerous types of punishment in the French criminal justice system. These include ﬁnes, electronic monitoring, suspended sentences, probation, community service, reparations, postponement of sentence, incarceration, and half-imprisonment (day in the community, night in a correctional facility). Illegal immigrants can also be expelled from the French territory if they are convicted of any type of infraction. The death penalty was abolished on October 9, 1981. Corporal punishment is also illegal. A suspension of punishment can be announced by a court after the conviction of the offender (sursis). This suspension may be ordered when a defendant has not been previously condemned for a criminal act and is applicable in particular circumstances (e.g., vehicular manslaughter). The suspension becomes void after ﬁve years of its application.

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In the case of reoffending, the offender must accept the suspended sentence as well as his or her new penalty, which cannot be merged. The convict is placed under the control of a judge of application of punishments. There were 146,000 individuals in January 2007 whose sentences were suspended. Most of them had suspended sentences coupled with penal measures such as probation, electronic monitoring, or community service.

Typical Punishments The typical punishment for murder is up to 30 years of imprisonment. If the murder is connected to other crimes, facilitates another crime, or targets witnesses, the sentence can be increased to life in prison without possibility of parole. Premeditated murder is punishable by life imprisonment. If a murder is committed against an individual under 15 years old or is accompanied by a sexual assault or torture, the defendant will have to serve a minimum of 30 years in prison. Also, the murder of disabled individuals and pregnant women will result in life in prison. Finally, the murder of a public official or witness in a criminal case will also be punished by up to life in prison. Rape is punishable by up to 15 years in prison. If this offense has caused mutilation or permanent disability, the sentence will be increased to up to 20 years in prison. Also, the rape of a minor or a natural ascendant, or a rape involving the use of a weapon, will be punishable by 20 years of imprisonment. Finally, the death and/or the torture of a rape victim will lead to life imprisonment. Larcenies are punishable by up to 3 years of imprisonment as well as a €46,000 (approx. US$65,364) in ﬁnes. Violence on the victim will increase a potential sentence to up to 5 years of prison and/or €100,000 (approx. US$14,208) in ﬁnes. Theft can also be punished by up to 7 years in prison if two aggravating circumstances such as violence on the victim and degradation of private property occur during the commission of the crime. The presence of three aggravated circumstances could lead to up to 10 years of imprisonment.

Finally, the use of weapons during larcenies committed by groups can lead to a conviction up to 30 years for all offenders involved. The most serious drug offense consists of the direction and organization of a drug trade: production, fabrication, export, transportation, offer, and sale of narcotics. This offense is punishable by life imprisonment and up to €8,000,000 (approx. US$11,366,011) in ﬁnes. The production and fabrication of drugs can lead to 20 years of imprisonment if committed alone. The fabrication and production of controlled substances by an organized group can lead to incarceration terms of up to 20 years.

Prisons There is only one correctional facility on Martinique. It is located in the city of Ducos (15,000 inhabitants) and can board up to 490 inmates. This detention center is divided into two sections. The ﬁrst building groups individuals with short sentences (40 cells) and individuals on semi-liberty, working during the day, sleeping at the facility (24 cells). The other building has 426 cells, including 152 spots for adult males and 34 spots for adult females. The facility can house 25 juveniles. The detention center can board 150 inmates, and la maison centrale can welcome 50 individuals. Certain imprisonment guidelines are applied to all French correctional facilities, including the prison located at Ducos. Individuals placed on preventive detention are allowed a minimum of three visitations per week. Other inmates are allowed a minimum of one visit per week. Visitors of inmates must bring identiﬁcation documents. French inmates have numerous privileges, which include receiving mail, keeping certain personal items, watching television, and having access to sport facilities. Inmates are also allowed to work, but work is not mandatory. They can be paid up to €2.26/day (approx. US$3.21). Inmates also receive social security beneﬁts while incarcerated (up to four years). Finally, French inmates can vote during their imprisonment.

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Mexico

Inmates at Ducos have access to several educational programs. A graphic communication class, a carpentry class, and a cooking class are respectively offered for 6 months to 12 inmates. A business development class lasting 10 months is also offered. Finally, the Ducos facility is equipped with a psychological and medical services center.

Extradition The law of March 10, 1927, asserts that only nonFrench citizens can be extradited from any French territory. Extradition is permitted only if the individual is charged with or convicted of a crime. The accused individual must have been sentenced to two months or more of imprisonment or must be facing up to two years of imprisonment if extradited. The individual will not be extradited if he or she is French or is being extradited for political reasons. Finally, the individual cannot be extradited and then punished for a crime other than the one for which he or she has been extradited. Anne-Laure Del Cerro Further Reading Bell, John, Sophie Boyron, Simon Whittaker, Andrew Bell, Mark Freedland, and Sylvia Hargreaves. (1998). Principles of French Law. New York: Oxford University Press. Bellenus, Rene. (1998). L’Esclavage en Guadeloupe et en Martinique du XVIIème au XIXème siècle. Pointe-a-Pitre: Editions Jasor. Kock, Gerald, and Richard S. Frase. (1988). The French Code of Criminal Procedure. American Series of Foreign Penal Codes 29. Littleton, CO: Fred B. Rothman. Ministère de l’Intérieur, de l’Outre-mer et des Collectives Territoriales, France. La Martinique: http://www.outre-mer.gouv.fr/?presentationmartinique.html. Préfecture Région Martinique, France. Défense et Sécurité: http://www.martinique.pref.gouv.fr/ pages/ddsp.html.

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Mexico Legal System: Civil/Common Murder: High Burglary: Medium Corruption: Medium Human Trafficking: Medium Prison Rate: Medium Death Penalty: No Corporal Punishment: Yes

Background Vibrant indigenous cultures of the Olmecs, Mayas, Toltecs, and Aztecs existed long before the Spanish conquest by Cortes in 1519 and settlement thereafter. Like much of Latin America, Mexico spent nearly 300 years under Spanish colonial rule (and brief French occupation) and only truly gained its independence after the 1910 revolution and the ratiﬁcation of the Federal Constitution on February 5, 1917. For much of the 19th century, the country’s political and economic life was polarized by contentious debates between liberals and conservatives, between republicans and monarchists, and between federalists who favored state autonomy and those who supported centralized government. The Institutional Revolutionary Party (PRI) was created in 1929 to provide a platform for peaceful contests among factions representing competing interests with a long history of hostile or even violent disputes. The PRI controlled the Mexican national government and the country’s politics at all levels for 71 years. This monopolistic rule ended in July 2000 when Vicente Fox Quesada of the National Action Party (PAN) defeated his PRI rival in the presidential election widely seen as the freest and fairest in Mexico’s history. President Fox was succeeded by Felipe Calderon in 2007. Mexico is the most populous Spanish-speaking country in the world and has a population of 111.2 million inhabitants. Amerindian-Spanish mestizos and Amerindians account for 60 percent and 30 percent of the population, respectively. Caucasians

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account for nearly 9 percent. About 76 percent of the people live in urban areas; the migration of idled labor from impoverished rural areas in southern regions and the populous central plateaus to industrialized urban centers and the areas along the U.S.-Mexico border is still ongoing. Between 14 and 40 percent of Mexicans lived in poverty in 2008, depending on the deﬁnition of poverty; yet the gross domestic product adjusted for purchasing power parity per capita reached US$14,200 in 2008, a high performance by Latin American standards. Mexico has achieved important improvements in the human development of its citizens in recent decades and attained an adult literacy rate of 91 percent and life expectancy at birth of 76.1 years in 2008. Federal and state governments in Mexico are divided into the legislative, the executive, and the judicial branches. The president, elected by popular vote for a single six-year term, is both the chief of state and the head of government and has the exclusive authority of appointing the entire cabinet, with the exception of the attorney general whose appointment requires approval of the Senate. The National Congress is bicameral and consists of the 128-seat Senate and the 500member Chamber of Deputies. Ninety-six of the Senate’s 128 members are elected by popular vote, and the remaining 32 seats are proportionally allocated according to each party’s popular vote; by the same token, 300 members of the Chamber of Deputies are directly elected by popular vote, and the rest are proportionally allocated. The Supreme Court is the highest court and is responsible for maintaining the institutional order created by the Constitution, keeping the balance of powers between government branches through its rulings, and settling serious disputes in ﬁnal instances. The court has two chambers, each staffed with ﬁve justices. The First Chamber handles criminal and civil cases, and the Second Chamber has jurisdiction over administrative and labor matters. The chief justice does not sit in either chamber. All 11 Supreme Court justices are appointed by the president with the consent of the Senate. Administratively, the country is divided into 31 states and 1 federal district.

Legal System Mexico’s current legal system is mixed. It is based primarily on Spanish civil law with some French law, some Roman-Germanic tradition (codiﬁcation), and some American common law inﬂuences. Most recently, there have been major adoptions of the U.S. trial procedures in parts of Mexico. It also has a small number of indigenous criminal justice systems. However, many important distinctions separate the systems. For example, unlike the United States, Mexico does not constitutionally provide jury trials, nor does it adhere to the principle of stare decisis—the doctrine that courts are bound to previous legal precedents. Mexico’s criminal justice system is plagued at all levels by inefficiency and corruption. This malady is, in large part, due to over 71 years of nearly unchallenged rule by the Revolutionary Institutional Party (PRI), during which patronage and corruption, political and otherwise, became entrenched in Mexico’s government, social institutions, and society as a whole. Only recently, in 2000, did the presidency change party hands with the election of Vicente Fox Quesada of the National Action Party (PAN), who pledged numerous corruption reforms. However, he left office in 2006 with little to show for his reform efforts. A federal republic, Mexico is composed of 31 sovereign states that control most criminal justice matters, except those speciﬁcally identiﬁed by the Federal Constitution. Each state is divided into numerous local municipalities. The Federal District is divided into 16 delegations. Each state possesses its own civil and criminal courts (sometimes called common courts); there are also federal courts and a special jurisdiction for matters involving the military. Mexico maintains an appeals process, and appellate cases are decided by a three-person superior tribunal within each state. These court jurisdictions handle the bulk of all civil and criminal cases. Substantive and procedural laws are very similar at the state and federal level. Structurally, the Supreme Court heads the federal judicial branch, which also encompasses an Electoral Court, the Federal Judicial Council, collegiate and unitary circuit courts,

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Mexico

and district courts. As of 2006, there were 180 collegiate courts and 70 unitary courts performing appellate duties in the federal system, and 295 federal district courts served as ﬁrst-instance tribunals. A total of 248,724 cases were ﬁled and 246,703 cases disposed during the same year. Similarly organized court systems are found in each of the 31 states. Working with these federal and state courts are the Attorney General’s Office, state attorney’s offices, the Federal Public Defender’s Office, state public defender’s offices, the National Human Rights Commission, state human rights commissions, and the police.

Police Although there are various police agencies at the local, state, and federal levels in Mexico, they generally fall into two categories: the uniformed preventive police (policía preventiva) and the plainclothed investigative police (policía judicial). The federal police consist of the Federal Agency of Investigations (AFI), which was created in 2002 to replace the notoriously corrupt Federal Judicial Police. As in most countries, crime prevention and criminal investigations largely remain local responsibilities. In addition, the national government operates a Federal Highway Patrol, which is responsible for patrolling Mexico’s federal highways, the Mexican Immigration Service, and Customs Service. There are about 400,000 sworn police officers working in approximately 3,000 separate agencies at both federal and local levels across Mexico. The Federal District of Mexico employs approximately 90,000 officers in an urban setting of approximately 25,000,000 citizens. The largest agency in Mexico City is the Protection and Transit Directorate (trafﬁc police), with over 29,000 officers. These officers have only local jurisdiction and focus on Mexico City’s high crime areas. Mexico’s state and local police usually work out of a 200-person precinct, or delegación. Traditionally, the preventive police perform the traditional police patrol function. They provide law enforcement visibility and perform ordermaintenance functions. Generally, unless a crime is

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in progress, the preventive police are not expected to necessarily respond, and they are not charged with investigation. In fact, investigation of a crime, even when a preventive officer has stopped a crime in progress, is turned over to the judicial police and the Public Ministry under the command of the State Attorney General’s Office (Procuraduría General). However, several states are now experimenting with police and judicial reforms to address this division between the two agencies. Depending on the jurisdiction, the judicial police may enforce both federal and local laws where no local law enforcement agency exists. In addition to the judicial police, each Public Ministry oversees its own group of investigators who work directly for the public prosecutors and the state’s forensics experts.

Juvenile Justice As a federal republic, Mexico has 32 juvenile justice legislations and systems that regulate illegal acts committed by minor children. The age of criminal responsibility in federal courts is 18, but children as young as 11 can be charged with a criminal offense, but with a rehabilitative focus. For most states, the age of criminal responsibility ranges from 16 to 17, with some children being charged with adult offenses between ages 10 and 11. The common thread unifying these various federal and state systems is the understanding that formally children are not capable of understanding their legal responsibilities. Consequently, the system becomes one of child welfare in which magistrates are substituted by counselors and sentences become security measures. In this paternalistic environment, processed juveniles do not have the right to legal counsel for defense, nor do they have the right to call witnesses or present evidence during the adjudication process. A decision to free juveniles apprehended by the police or to continue adjudication must be made within 120 hours of the arrest. The juvenile process includes the investigation, initial disposition, screening and assessment, ﬁnal disposition, delivery of treatment and rehabilitation services, evaluation of intervention effects, treatment conclusion, and further follow-up. Almost all teenagers mandated to

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juvenile facilities come from disadvantaged families. More males than females are caught and processed by the Mexican juvenile justice system, which has resulted in a serious shortage of rehabilitative resources for girls, who are sometimes in turn forced to stay in units originally designed for boys. The lack of a clear and meaningful scheme of offender classiﬁcation often leads to the conﬁnement of juveniles of varying ages and delinquent involvement in the same unit or cell. Conditions in most juvenile facilities are poor with a frequent lack of adequate space, health care services, and security, which renders the achievement of the rehabilitative goals of juvenile justice administration an elusive dream.

Crime Classification of Crime In Mexico, crimes are classiﬁed into serious offenses and nonserious offenses. Seriousness of crime can be determined by two alternative methods. First, it can be clearly codiﬁed in the criminal statute; second, it can also be determined by specifying a punishment beyond which a crime is considered as serious and below which a crime is deemed nonserious. For example, in Mexico City, offenses are codiﬁed as serious if they are punishable by a prison sentence of 5 years or longer.

Crime Statistics Criminal violence is rampant across the country. The U.S.-Mexico border region, including cities such as Tijuana, Ciudad Juarez, Nuevo Laredo, Nogales, and Matamoros, is infested with brutal warfare among drug cartels and between criminal organizations and the police. Once largely limited to urban areas, particularly Mexico City, skyrocketing violent crime rates have begun to spread to Mexico’s rural and resort areas where even beheadings have occurred. In the town of Juarez, just across the Rio Grande from El Paso, Texas, almost 500 women have disappeared, or their dead, mutilated bodies have been found, in the past 15 years. In its attempt to control violence, the government of Mexico has even mobilized military units to man checkpoints on highways and to conduct preventive patrols.

Occasional outbursts of politically motivated violence occur from time to time in the southern states of Chiapas, Guerrero, and Oaxaca. Ordinary streetcrime rates seemed to be highest in Mexico City, Tijuana, Ciudad Juarez, Nuevo Laredo, and Acapulco and the states of Sinaloa and Durango, with approximately 25 percent of all crimes occurring in the Federal District. Accurate crime statistics for Mexico are difficult to locate because crimes may not be reported to any of several public agencies (one government estimate is that 75 percent of crimes go unreported), the decentralized organization of the police has effectively fragmented the data-collection capability of the system, and there is no standard procedure for recording, categorizing, or disseminating crime data. However, the national legislature has recently made important efforts to provide more accurate and comprehensive crime data, including overhauling the previous data-collection procedures and partnering with several public and private institutions to collect more accurate information about crime and the criminal justice system of Mexico. According to the statistics published by the United Nations Office on Drugs and Crime, 166,397 defendants were brought before Mexico’s federal and state criminal courts in 2004. Of these, 146,894 (88.3%) defendants were convicted, and the remaining 19,503 (11.7%) people were acquitted. Of all convicted offenders, 5,567 (3.8%) were for homicide; 24,395 (16.6%) were for assault; 5,570 (3.8%) for rape; 51,824 (35.3%) for robbery; 10,962 (7.5%) for drug offenses; and 3,286 (2.2%) for fraud and embezzlement. Although there were only 440 people convicted of kidnapping, accounting for just 0.3 percent of all convicted offenders, kidnapping, including the kidnapping of foreigners, remains a hallmark of the deterioration of public safety as well as a source of deep public fear. So-called express kidnappings, which consist of attempts to obtain quick cash in exchange for the release of a hostage, have taken place in almost all of Mexico’s large cities and appear to be quite indiscriminate in their target selection. Although drug abuse appears to have remained relatively low (0.8% of the adult population had used cocaine, and 0.1% had consumed heroin in 2006,

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Mexico

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A Tijuana police officer detains a suspect as part of the “Safe Community” program in a neighborhood in east Tijuana, Mexico, July 15, 2008. (AP/Wide World Photos)

according to United Nations estimates), the amount of drugs processed and transported in or through Mexico to the United States remains high. Estimates vary, but the U.S. government estimates that Mexico supplies approximately 25 percent of all heroin used in the United States and between 50 and 80 percent of all marijuana. And due to the crackdown on Caribbean drug routes, at least half of all cocaine that enters the United States travels through Mexico: after being transported to Mexico from places such as Colombia, it is then shipped by vehicle and crosses into the United States, a process made somewhat easier by NAFTA and the additional tens of thousands of trucks that enter the United States each day. The United States and Mexico have launched numerous joint efforts to combat narco-trafficking, but substantive success has been elusive. Besides the relatively free ﬂow of drugs, Mexico’s drug gangs have become so powerful as to control

whole towns along the northern border where they operate with near immunity. Mexico’s drug gangs are also known to employ “Zetas,” former military commandos, trained in the School of the Americas, to protect drug shipments and eliminate competitors. The drug gangs have little or no fear of law enforcement and have even gunned down police chiefs in broad daylight.

Recent Reforms To combat both corruption and citizen mistrust, there have been important structural reforms in Mexican law enforcement and the judicial system at the federal, state, and local levels. As mentioned earlier, in 2002, the federal government of Mexico established the Federal Agency of Investigations (AFI) to replace the infamous Federal Judicial Police (PJF). Other more general reform attempts

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include the creation of a national system of public safety, joint U.S.-Mexico efforts to ﬁght organized crime, a national crusade against delinquency, and the creation of a federal secretary of pubic safety. At present, combating the drug trafficking along Mexico’s northern border has become a priority, so Mexico has even shown a willingness to utilize the military in what have traditionally been civilian police operations. In addition, starting on October 1, 2008, two states, Morelos and Chihuahua, have implemented major reforms aimed at improving street-level crime control, increasing investigative efficiency, and combating corruption. These states are to act as laboratories for what is expected to be a nationwide reorganization. Preventive policing and investigations will no longer be divided between agencies. Preventive police, like police in most of the Western world, not only will handle the patrol and ordermaintenance functions, but also will participate in the investigations and any additional police matters related to any crime to which they respond. Perhaps the most radical change in the history of Mexico’s legal system is taking place in the courts— with the help of the U.S. Agency for International Development (USAID) and federal and state prosecutors’ offices from different parts of the United States. The adjudication process in Morelos and Chihuahua will be transitioning from what was formally a completely written adjudicative process to an adversarial system with oral arguments and testimony based on the U.S. model. With a strong basis in the restorative justice model, this process is also expected to add a “speedy trial” element to what has been a notoriously slow process and to lead to a greater use of bail. Also, defendants will be considered “innocent until proven guilty,” and cases will now be heard by a three-judge panel rather than a solo judge. The belief is that this will help combat corruption because three judges will be harder to bribe than one. Jury trials have not been incorporated because of cost concerns. In March 2004, the federal government presented an initiative to Congress to improve the safety of the Mexican society as well as the fairness and efﬁciency of its criminal justice system. A series of

criminal procedure changes and a new federal criminal procedure code were proposed by the administration of President Fox. The goal was to create a criminal process that would be predominantly adversarial and oral, especially in its preliminary investigations and court proceedings. These federal reform efforts stalled during the Fox presidency, but his successor, President Calderon, passed the reform legislation in 2008, which has set a timetable of eight years for full implementation.

Finding of Guilt Rights of the Accused The Mexican Constitution (article 20) provides both substantive and procedural protections for the accused. Defendants have the right to a speedy and public trial and to call witnesses, to inspect all evidence available for defense, and to offer exculpatory evidence. The Constitution also protects the right to face one’s accuser, but with the limited exceptions of cases involving victims who are minors or the crimes of rape and kidnapping. For a confession to be legal, the accused must be over 18 years of age and have full knowledge of the criminal charges, the confession may not be coerced, and any confession must be made before a Public Ministry official or a judge with the assistance of the defendant’s attorney. In addition, a defendant must be informed of his rights at the beginning of the criminal process. Defendants have a right to counsel at each stage of the criminal proceedings, and if the defendant cannot afford an attorney, the state provides a public defender. A defendant’s detention may not be extended if he or she is incapable of providing restitution to the victim, and he or she may have any pretrial detention counted as “time served” and deducted from any subsequent jail or prison sentence. Mexico does not offer pretrial diversion programs per se, but in cases where crimes are minor, or the parties involved reach a settlement, or the victim concedes pardon for the transgression, preliminary investigations can be avoided, or the Public Ministry may settle cases when the facts are not considered sufficient to identify a crime. A case may also be

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Mexico

dismissed if the victim withdraws the complaint. In a procedure known as “overseeing the case,” the Public Ministry may encourage parties to ﬁnd an extralegal solution to the dispute. This procedure is utilized in cases where evidence is limited, or the voracity of the victim’s claim is suspect. No official statistics exist to measure the number of cases that are dismissed.

Criminal Procedure Investigation of criminal activity falls exclusively under the Public Ministry and the Procuraría (also sometimes referred to as a Procurador). During the initial inquiry, a complaint or other procedural requirement is needed to initiate an investigation. The ministerial police force, often called the judicial police, responds to initial complaints, conducts initial investigations, and controls crime scenes. Although judicial police are not supposed to take suspects’ depositions or make formal arrests without a judicial warrant—except in cases of crimes caught in commission—suspects are often arrested without a warrant, and judges tend to turn a blind eye to such oversights. Once in custody, the accused must appear in front of a judicial officer within 48 hours, or 96 hours if there is suspicion of drug activity. At this point, the accused are informed of their rights and the charges against them. Within 72 hours of arraignment, the magistrate must either release or remand the accused to custody. In some cases, the Public Ministry may request that a defendant be held for up to 30 days until the initial inquiry is complete and may request a subsequent 30-day extension. In drug cases, detention may be extended for up to 90 days. With few exceptions, suspects have a right to conditional/pretrial release. However, in cases where the accused has prior offenses and/or presents a danger to society, the Public Ministry may ask that release be denied. Judges are expected to weigh several factors in the decision, including seriousness of the crime, aggravating and mitigating circumstances, the defendant’s prior criminal record, and his likelihood of compensating damages to the victim. Upon accepting release, defendants agree to make restitution and pay trial expenses. There are no official statistics on how often

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conditional release is used, but the large numbers of individuals who cannot afford bail are considered a primary cause of Mexico’s overcrowded prisons. Mexico does not have a recognized plea bargain system, and article 14 of the Mexican Constitution protects citizens’ rights not to be deprived of life, liberty, or property without a court trial. However, in some cases where a defendant turns “state’s witness” (e.g., organized crime) and provides substantial assistance to the government, he can receive as much as a two-thirds reduction in his sentence. In all other cases, for there to be a conviction, a trial must be completed. The entire process from trial through appeals generally takes a year or more, and many individuals are held beyond the constitutional limits to their detention. It is the responsibility of the judge to determine proper sanctions for offenders. The judge takes into consideration a variety of circumstances to determine sanctions that include, but are not limited to, the defendant’s criminal record, the seriousness of the offense committed and the level of involvement by the defendant, damage caused to victims or society, circumstances under which the violation was committed and reaction afterward, and the offender’s biographics. The judge is also bound by law to follow the Mexican penal code, which stipulates mandatory minimum sentences for certain crimes. After the judge considers all these variables, a punishment or method of rehabilitation will be decided on.

Punishment Mexican law allows for the following punishment: incarceration, community treatment, suspension of rights, suspension or termination from job, forfeiture of illegal assets, and treatment under free conditions.

Death Penalty Prior to 2005, the death penalty was a legal sanction for serious crimes; however, it was rarely applied. These crimes include aggravated murder, arson, hostage taking, pirating, treason, and certain crimes committed by military officials. The last

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case of the death penalty for a civilian crime occurred in 1937. The last person executed was José Isaías Constante Laureano, in 1961. Constante was put to death by ﬁring squad for murdering a fellow soldier and his commander. At the time the death penalty was abolished, there were eight military members on death row. Although the death penalty has been abolished by constitutional amendment, recent surges in violent crime have led some to call for its reinstatement, and at least one survey by major political parties showed public opinion at 85 percent in favor. In fact, the high rate of crime and violence due to the illegal drug trade has the Mexican legislature considering ways to reinstate capital punishment.

Prison The criminal law provides a range of prison sentences for each crime punishable with incarceration. Sentences are usually short, in most cases not longer than seven years. The actual time that must be served is usually three-ﬁfths of the announced sentence, assuming good behavior. Those sentenced for less than ﬁve years may buy out further time in jail by payment of a bond. Correctional facilities are divided into prisons, at both the federal and state level, and jails. Jails house offenders prior to a trial and also those convicts serving time for less serious crimes. Mexico’s prisons are a function of the executive branch in Mexico’s government. Federal prisons hold offenders who have committed serious offenses. As of July 2000, there were 446 prisons in Mexico. There are three maximum-security prisons and one minimumsecurity prison, and the remaining facilities are considered medium-security. The three maximum-security prisons are all similar in design. The ﬁrst federal maximum-security prison was built in 1991 in Almoloya de Juarez. The second was built in 1993 in Puente Grande, and the third in 2000, located in Matamoros. The prisons at Almoloya de Juarez and Puente Grande have a capacity for over 700 inmates each. The majority of the inmates are between the ages of 30 and 34, come from low economic standing, and have

minimal education. Maximum-security inmates receive education at the basic through technical levels and can receive certiﬁcates for their achievements. Almoloya has special treatment and observational facilities. Almoloya also has a separate highsecurity wing for solitary conﬁnement to house more violent and dangerous inmates. Mexico’s minimum-security prison is a sharp contrast to the maximum-security prisons. There are no barbed-wire fences and very few guards. Instead, this institution is located on the Islas Marias, and the ocean serves as its boundaries. This federal penal colony opened in 1905 and has a capacity for 2,500 inmates, making it the largest correctional facility in Mexico. In this facility the inmates participate in rehabilitation services ranging from recreational activities to work. Inmates perform a variety of jobs, mainly in agriculture. The average inmate is between the ages of 35 and 39, comes from the middle economic class, has a moderate educational background, and is a ﬁrst-time offender. Inmates’ families are allowed to live on the island with the inmate. The facility provides training services for the families of inmates. Mexico also has one psychological treatment facility for convicts who have a permanent or temporary mental illness. This psychosocial rehabilitation center was built in 1994 and designed to hold 48 inmates. However, in 2000, the facility was holding 176 inmates. The typical inmate in this facility is between the ages of 30 and 34, is of low socioeconomic standing, is a chronic offender, and is serving an irrevocable sentence. The system was built to accommodate 121,635 inmates. The prison population stood at approximately 218,000 inmates in 2008. Mexico’s penitentiary system is facing a serious overcrowding problem. The overcrowding of the prison system has led to increased violence, privacy issues, and a poor diet for inmates. Of the total inmates, approximately 96 percent are male. There are more than 2,000 prison guards in the system. This is not enough guards to provide adequate supervision, and as a result, guards are often the target of violence. The prison system in Mexico aims to achieve rehabilitation. Under law, prisons must provide work,

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Mexico

training, and education for all their inmates. Inmates can even receive wages for their work. If inmates are exceeding expectations in their duty, it can lead to a reduced sentence time. Inmates are also given the right to education. Every prison must have a library. All inmates are given education in the following areas: ethics and civics, art, physical education, and hygienic responsibilities. In addition to receiving the opportunity to work and receive education, inmates are afforded some other rights. They are allowed guests and the option to use telephones and mail service. Guests include friends, family, authorities, chaplains, defense attorneys, and counselors. Families often bring in food to supplement the prison diet. As a result, visits are monitored to prevent the entrance of prohibited goods. More recently, inmates have been allowed conjugal visits. Wealthy inmates also have the opportunity to purchase certain comforts such as additional food, televisions, and sports equipment. It is not unheard of for a wealthy inmate to receive a rare air-conditioned cell. In many prisons, senior inmates have had considerable control over their environment and other inmates, displacing correctional authorities and creating general insecurity, leading to inmate deaths, often at the hands of other prisoners. Mexican authorities allow independent monitoring of prison conditions by human rights organizations. The International Committee of the Red Cross (ICRC), the National Human Rights Commission (CNDH), and state human rights commissions make frequent visits to detainees. In 2008, the CNDH made 240 prison visits: 97 in response to complaints, 43 in response to requests from local civic groups, and 100 in conjunction with the National Mechanism to Prevent Torture. Also, the CNDH opened 357 complaint cases following allegations of abuses of prison inmates, ultimately conﬁrming 126 of the complaints.

Extradition of Prison Inmates Prisoners are allowed to be transferred both to and from other countries. Mexico has entered into extradition treaties with the following countries: Argentina, Australia, Belize, Brazil, Canada, Chile,

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Colombia, Cuba, Dominican Republic, Ecuador, El Salvador, England, France, Greece, Guatemala, Honduras, Italy, Korea, the Netherlands, Nicaragua, Panama, Peru, Portugal, Spain, the United States, Uruguay, and Venezuela. As of 2001, there have been 223 prisoner transfers completed. One hundred twenty-seven of those transfers were Mexicans transferred from foreign countries. Fiftyfour of those transfers were foreigners transferred back to their home countries.

Juvenile Corrections In 1985, Mexico agreed to the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, better known as the Beijing Rules. These broad guidelines outline substantive social policy dedicated to promoting juvenile welfare and minimizing formal, state intervention. The hope is to avoid the harm often associated with the formal processing and punishment of juvenile offenders. Anyone between the ages of 11 and 18 is deﬁned as a youth and falls under speciﬁc guidelines of the Act for the Treatment of Minor Violators in the Federal District on Common Matters and for the Entire Republic in Federal Matters. This law was passed by Mexico’s Congress in 1991 and was designed to provide a more therapeutic approach to the rehabilitation by placing the juvenile offenders in a more administrative rather than legal process and stressing education, counseling, and job training. Success has been, at best, limited, and as late as 2005, juvenile offenders were still being placed in adult prisons. Remarkably, the Mexican legislature took the drastic step of changing the Constitution to remove the juvenile process from the executive to the judicial branch and required various due process guarantees and mandatory treatment. Anthony LaRose and Erin Maloney Further Reading The Advocates. (n.d.). “Mexico: General Information”: http://www.mnadvocates.org/Mexico. html. Jucios Orales: Por una Justicia Rápida y Transparente. (2008): http://www.forojuiciosorales.com/.

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Morris, Stephen D. (1999). “Corruption and the Mexican Political System: Continuity and Change.” Third World Quarterly 20(3): 623–643. Programa de Apoyo Para el Estado de México: http://www.proderecho.com/. Reames, Benjamin. (2008). “Paths to Fairness, Effectiveness, and Democratic Policing in Mexico.” In Comparative Policing the Struggle for Democratization, edited by M.R. Haverﬁeld and Ibrahim Cerrah, pp. 97–119. Thousand Oaks, CA: Sage Publications.

The chronic nature of the volcanic disaster and the challenges of building the new society created in its wake have generated a fragile socioeconomic climate and have affected every facet of life on this island, including the justice system. The system was plagued by the movement of the court seven times in three years. There have been challenges in securing records and gaps in personnel because of the migration of legal professionals and sometimes witnesses, which has led to serious delays in the hearing of cases.

Political Context

Montserrat Legal System: Common Murder: Low Prison: Low Death Penalty: No

Background Montserrat is one of the Leeward Islands in the Eastern Caribbean, lying 27 miles southwest of Antigua and 40 miles northwest of Guadeloupe. The island’s area of 102 square kilometers (39 square miles) is entirely volcanic and very mountainous. Named after a monastery in Spain by Christopher Columbus in 1493, the island became a British colony in 1632. Africans were brought into Montserrat by the mid-1600s as part of the trans-Atlantic slave trade. After a couple of short occupations by the French during the 17th century, it has been a British territory since 1783. Montserrat was a small but thriving open economy before its most recent series of volcanic eruptions beginning in 1995. The volcano destroyed approximately two-thirds of the island, including the capital of Plymouth and the W. H. Bramble Airport. The population has also changed signiﬁcantly. The two years of 2006 and 2007 show negative net migration ﬁgures of –379 and –177, respectively. The country is now totally reliant on aid from the United Kingdom.

The country is an internally self-governing overseas territory of the United Kingdom. The government consists of a governor appointed by the Crown, an Executive Council that has the general control and direction of government, and a Legislative Council of 11 seats. Nine members are popularly elected, and the attorney general and ﬁnancial secretary are ex-officio. The governor retains responsibility for internal security (including police), external affairs, defense, public service, and offshore ﬁnance. The government is formed from the political party with the largest number of elected members and led by a chief minister. Voting “at large” was introduced in 1996 when the volcanic eruption destroyed the majority of constituencies. In December 1989, Montserrat’s Constitution was consolidated into one document and came into force on February 13, 1990. A constitutional review process began in 1999 and is still continuing with a timetable of completion by 2010. The current review of the Constitution grapples with contentions about the deﬁnition of “Montserratian.” This is a sensitive matter given the dramatic dispersal of the population and the open-door policy of migration from CARICOM countries. The CARICOM is an organization of 15 independent Caribbean nations and 5 associated dependent territories. Montserrat is a full CARICOM member although it is still a dependent territory. CARICOM’s main purpose is to promote economic integration and cooperation among its members. It also devises and institutes special projects for the less-developed countries within its jurisdiction. It

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Montserrat

operates as a regional common market for many of its members. It also operates the Caribbean Court of Justice (CCJ), which serves as the ﬁnal court of appeal for many CARICOM members and also handles regional trade disputes. Montserrat issued an invitation to citizens of CARICOM to come to the island to help with its rebuilding after the 1995 volcanic eruption. However, the arrival into Montserrat of fairly large numbers of migrants from other Caribbean countries is new and has interesting implications for the way life is lived on the island, given that the pre-volcanic population operated as close knit, family-centered village enclaves. The post-eruption displacement of Montserratians who remained on the island from these traditional village communities into shelters and hastily constructed temporary housing adds to the intrigue about social interactions in the “new” Montserrat. There are also a small number of Montserratians returning from voluntary evacuation to the United Kingdom, and criminal deportees from the United States are being returned to the island.

Socioeconomic Context Only the northern section of the island is now inhabited. The government functions from Brades, which is in the Carr’s Bay/Little Bay vicinity on the northwest side of Montserrat. There are projections of possible renewed fortune from geothermal energy and the construction of a new town as replacement for the devastated commercial center. The island’s sustainable development plan of 2007 suggested signiﬁcant emphasis on ecotourism as a source of economic renewal. Development of the agricultural sector is also viewed as a key source of income, although it will be difficult because of the lack of suitable land for farming and the vulnerability of crops to volcanic emission of gas and ash falls. The economic growth rate for the three years from 2004 to 2006 was 5.82, 4.36, and 7.56 percent, respectively. Montserrat currency is the Eastern Caribbean dollar, and its per capita income for 2006 was EC$22,803 (approx. US$8,737). Housing is a major difficulty for people living in Montserrat, although there has been an intense

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commitment to the rebuilding of housing since the destruction of the vast majority of homes by the volcanic eruption. Pre-volcano housing was primarily privately owned and substantially built through selfhelp labor, but in the current situation, many people are renting accommodations that are perceived to be expensive. Notwithstanding, the government of Montserrat has been encouraging residents to purchase their homes through grants, loans, and other solutions. Some housing solutions involve settlements in typical social housing projects without adequate spaces for children and young people to play or for adult entertainment. Typically, the bulk of the migrant population lives on the margins of safety in proximity to the volcano, where housing is cheapest. The provision of social services in Montserrat is fairly modern given the economic limitations of the island. Education is free up to secondary school, and so are health services for children, vulnerable groups, and those over 60. There is a modest social welfare provision, which has been extended to a larger number of vulnerable people since the chronic volcanic situation. The government of Montserrat found it necessary to make this provision because a scarcity of land and housing without traditional vegetable garden space forced those who were reliant on subsistence agriculture to become dependent on welfare support. Those who are employed are also enduring hardships because many are burdened with paying rent for their current housing as well as paying a mortgage for properties that were abandoned in the areas affected by the volcano. Migrants to the island are believed to be in similar situations of socioeconomic distress because of low earnings in Montserrat, high living costs, and commitments to repatriate funds to family left in their countries of origin. Social welfare and community services are administered by a department within the Ministry of Health and Community Services, which all members of the community can access when in dire need. This department deals with juveniles, who are deﬁned as children 10 to 16, with 10 being the age of criminal responsibility. The Community Services Department is also the base for the one probation office providing services in Montserrat.

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Policing The Royal Montserrat Police Service is led by a commissioner who is responsible to the governor. The service has 77 members who have been recruited from a variety of countries within CARICOM, about 10 percent of whom are women. There are nine divisions within the service: general office and administration, training, immigration, marine, beat and patrol, traffic, family center, criminal investigation, and the Salem police station, which is a generic police station outpost. Community policing is the key approach of the Montserrat police force and has been found appropriate for the small, close-knit society.

Crime Crime Classification Montserrat’s criminal justice system emulates the English system where the nature and seriousness of the offense are the most signiﬁcant factors taken into consideration in criminal matters. All offenses are classiﬁed as triable only on indictments in the High Court, triable only summarily in the Magistrate Court, or triable either way. The decision on where (Magistrate or High Court) and how (summarily or indictment) depends on the nature or circumstances and the seriousness of the charge and whether the defendant pleads not guilty. Not-guilty pleas in most cases imply that the case needs to be proven and as such requires a court trial. Offenses are also classiﬁed by statute or legislation. Summary offenses are comparatively less serious crimes, such as motoring offenses and common assaults. All summary offenses are made by statute. Offenses triable only on indictments are very serious matters that include murder, rape, robbery, and wounding with intent. Some offenses can be triableeither-way and they include burglary, assault, and occasioning actual bodily harm and can include theft depending on whether the value of the item stolen is over EC$2,000 (approx. US$766).

Statistics available from the commissioner of the Royal Montserrat Police indicate that in general, crime levels are rising. All crimes including minor offenses rose from 1,088 in 2006 to 1,317 in 2007. This is a sharp rise given a relatively small population. Minor offenses including larceny, criminal damage other than arson, and nonpayment of ﬁnes and licenses make up more than 55 percent of the total crimes of the island. Serious crimes account for the other 45 percent. Assaults and domestic violence are among the most frequent crimes. Some examples of the numbers of crimes reported to police in 2007 are as follows: Assault Burglaries Dangerous drugs Domestic violence Grievous bodily harm Murder Rape and sexual offenses Theft Wounding

136 70 39 160 6 0 2 35 5

Laws protecting minors exist, but there is likely underreporting of offenses against minors. In particular, anecdotal evidence suggests that there is underreporting of sexual offenses involving young people. In some instances where reports have been made to the police by social agencies and where there have been investigations, these cases have come to naught because of the failure of parents to cooperate. Parents and their families sometimes claim that investigations and court hearings exacerbate the victimization for their child in such a small society. There are also claims in the popular media (Calypso) that there have been instances where parents make up the case or settle the situation in their own way, sometimes accepting money payoffs, particularly where the perpetrator is rich and powerful.

Finding of Guilt

Crime Statistics

Criminal Investigations

According to the British Foreign and Commonwealth Office, Montserrat has a low level of crime.

The police investigate all criminal matters in Montserrat. At the moment, there is no fraud squad,

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Montserrat

no ﬁnancial crime task force, no special branch or drug squad as found in other territories of a similar size. The police may seek the assistance of the Community Services Department (social services) when dealing with juveniles or domestic violence. Prosecutions are undertaken by a senior police officer, and the decision to prosecute is made by the police and endorsed by the magistrate. The Attorney General’s Office prosecutes serious summary matters in the Magistrate Court and all indictable matters in the Supreme Court. The Montserrat prosecution process was outlined by a superintendent of police in an interview. The Montserrat Constitution establishes that a person is deemed innocent until proven guilty before the courts. It is the duty of the prosecutor to prove his or her case in a criminal matter. On arrest, a person is given a copy of the charge(s) and informed of his or her rights to consult with a lawyer in private, to three meals a day, to writing materials, and so forth. Once charged, the individual is ﬁngerprinted and photographed, and a description is taken as well as conﬁrmation of the individual’s parents’ names or next of kin and nationality. After being processed by the police, the individual is taken before the Magistrate Court as soon as possible. The individual may also be granted police bail. A superintendent or a senior officer above that rank is allowed to grant bail with surety for that individual to appear at court at the next working day. On appearing before the magistrate, the charge is put to the individual, and he or she is asked to plea based on the nature of the offense. If the offense is summary, and the person pleas, then it is ﬁxed by the magistrate. If the offense is indictable, then the person is not called on to plea because this is a matter for the High Court. The prosecutor, who is a police officer, states whether he or she supports or objects to the granting of bail, and the magistrate makes the decision. The magistrate also states the sum of the bail and whether the individual needs sureties. When an individual is taken before the courts in a summary matter, and the individual pleads not guilty, there is a trial in which the prosecutor presents its case by calling witnesses. On the closing

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of the prosecution’s case, the magistrate informs the defendant of three options. The defendant may be remanded in the dock and say nothing, may take the stand and give sworn evidence, or may remain in the dock and give unsworn evidence. If the defendant is represented by counsel, at his or her own expense, the counsel lets the magistrate know which option will be taken. These options are also put to the individual even if he or she is unrepresented. If the defendant chooses to give unsworn evidence, then he or she testiﬁes without cross-examination. If the individual gives sworn evidence, then he or she is cross-examined by the prosecutor. If the defendant chooses to say nothing, then no questions can be asked. The defense is also allowed to present its case, if it has any witnesses. On completion, the prosecutor and the counsel address the magistrate about the case, and in the end, the magistrate makes a decision as to whether the person is guilty or not. When the individual is found guilty, the magistrate determines the sentence based on the speciﬁcation of the offense and the punishment as stated by statute or discretion. If ﬁned, then the person may have to pay the money forthwith or may be given a period of time, depending on the amount of money. If the individual is being incarcerated, he or she is taken to Her Majesty’s Prison. The magistrate may also discharge the offender without punishment. When the court thinks that the charge is proven, but believes, after considering the character, antecedents, age, health, or mental condition of the accused, or the trivial nature of the offense, or the extenuating circumstances in which the offense was committed, it is not expedient to inﬂict any punishment, the court may, without proceeding to conviction, make an order dismissing the charge.

Courts Montserrat’s legal system is based on the British legal system (English common law), with criminal cases being heard by the assizes and civil cases being heard by the High Court. The system is

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administered by the Eastern Caribbean Supreme Court, the Court of Summary Jurisdiction, and the Magistrate Court. In both criminal and civil cases, there is the right of appeal to the Court of Appeal with the ultimate right of appeal to the Privy Council in England. The Supreme Court Montserrat Circuit is a court of assizes and is part of the Eastern Caribbean Supreme Court (ECSC). The ECSC consists of 10 other Caribbean countries, and the judge assigned to Montserrat visits for criminal matters three times a year (March, July, and November). There is a backlog in criminal cases (some serious) because the judge sits for an average of only two weeks in each assizes. There is one magistrate on the island appointed by the governor to exercise the jurisdiction of the Magistrate Court after consultation with the chief justice. The magistrate is a trained lawyer. This court deals with all summary matters, all preliminary inquiries, and a number of civil, family, labor, license, and coroner matters. In Montserrat, there is no right to trial by jury in the Constitution. However, a jury system is part of the democratic process, and the jury is made up of a group of 12 Montserratians who are aged 21 to 65, who either own or have land in trust, and who earn at least EC$2,000 (approx. US$762) per annum. The latter is the absolute minimum earned even by those receiving social assistance. The only exceptions are people with criminal convictions.

There must be one assessor sitting with the magistrate for a decision to be made on a case. There is no provision in the law for sentencing juveniles, and there is no institution for juvenile offenders. The court ensures the involvement of a social worker and seeks a behavioral report from the school. The emphasis is on guidance. Assessors speak to the juvenile in private. The majority of juveniles are secondary school pupils and males. Assessors may also recommend the enforcement of curfews or that the child be supervised by a probation officer. There is an alternative system to court proceedings called a community settlement, which the police administer. It may involve parents, sometimes opting through the court to replace stolen items or pay for medical attention where there has been wounding. The emphasis here is to prevent the child from having a criminal record. The child does not have a voice in the process. There has been mounting concern in recent years about what should be done with repeat offenders. Sometimes they do not show up to court. It is assumed that the court does not exercise sufficient authority in relation to juveniles because of the absence of laws for sentencing. Assessors have observed that offenses are committed in the early mornings or at night (1–2:00 a.m.) when children should be under parental supervision; therefore, questions have been posed about the quantity and quality of parental supervision.

Juvenile Court

Rights of the Individual

The age of criminal responsibility is 10 years, and the deﬁnition of “juvenile” is given to children 10 to 16 years old. Children who are charged with adults, despite the availability of a Juvenile Court, appear in the High Court and are tried with adults. The Juvenile Court happens as often as there are cases. Two juvenile assessors (male and female) are appointed by the government for two years at a time. Assessors are chosen because they have a background in working with children and belong to the Christian Council, an association of various religious denominations dedicated to ecumenism and social justice.

The criminal justice process as laid out in the Montserrat Constitution establishes that a person is deemed innocent until proven guilty before the courts. It is the duty of the prosecution to prove its case in a criminal matter as laid down in the Criminal Procedure Code, Revised Edition, shown as law as of January 1, 2002. An individual is entitled to request bail. The amount of bail in any case is to be decided by the court, and any court may, in its discretion, accept a deposit of cash in lieu of giving security. When any person is apprehended without warrant between

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Montserrat

eight o’clock in the evening and ﬁve o’clock in the morning, such person is taken to a police station, and it is lawful for the police officer in charge to take bail by recognizance, with security, for the appearance of such person before the magistrate on a day to be mentioned in such recognizance to be dealt with according to law. Bail is not granted in cases of capital felony, accusation of treason, murder, or genocide, or in any charge of an offense punishable by life imprisonment. Bail may be refused in cases where the court is satisﬁed that there are substantial grounds for believing that the defendant, if released on bail, would fail to surrender to custody, commit an offense while on bail, or interfere with witnesses or otherwise obstruct the course of justice. Bail may also be refused if the offense is an indictable one, if it appears to the court that the person was on bail in criminal proceedings on the date of the offense, if the court is satisﬁed that the defendant should be kept in custody for his or her own protection, if a child or young person should be protected, or if it appears to the court that it could be impracticable to complete the inquiries without keeping the defendant in custody.

Punishment Types of Punishment The following kinds of punishment may be imposed by a court on persons convicted of offenses: imprisonment, ﬁne, payment of compensation to injured party, ﬁnding security to keep the peace and be of good behavior or to come up for judgment, probation under the Probation of Offenders Act, and any other punishment expressly provided by law. A magistrate can impose a custodial sentence of only up to two years, except where a person is charged with drug trafficking and elects to have his or her case tried by the magistrate, who can then impose a maximum sentence of 10 years’ imprisonment. Fines and imprisonment are the most common form of punishment in Montserrat. Capital punishment was last given in 1969 but was removed from the statutes in 1989. The last person sentenced to

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death was in 1985, and this sentence was later commuted to life in prison.

Legislation Both the Prison Act 1952 and the Prisons Ordinance Regulations make provision for all persons who are serving a sentence of 30 days or more to be granted automatic remission of one-third of their sentence on account of good conduct and industry. In addition, there are ﬁve other pieces of legislation that affect and inform punishment in Montserrat. The ﬁrst is Penal Code No. 12 of 1983, which provides for seven noncustodial sentences: ﬁnes, forfeiture, compensation, costs, bind-over, conditional discharge, and absolute discharge. A bind-over is a court order imposed by either a magistrate or a judge that requires a person to carry out some act. A person may be bound over to appear in court at a particular time if bail has been granted or, most commonly, be bound over not to commit some offense (for example, causing a breach of the peace). The second legislation is the Probation of Offenders Act, which empowers the court to impose probation orders up to a maximum of three years. In addition to placing the offender under supervision, the court may attach to the order any condition that the court regards as necessary to prevent the commission of further offenses. The power to impose a probation order exists whether or not a conviction has actually been recorded against the offender. Should the offender breach any condition of the order, then the court has the ultimate power to revoke the order and sentence afresh. The third statute, Juveniles Ordinance No. 20 of 1982, provides for sanctions such as a probation order, a care order, committing the juvenile into the care of any ﬁt person, and a parental responsibility order, which puts the onus for ensuring that the young person obeys the law on the adult parent(s). The fourth legislation, the Community Service Orders Act 1994, enables the court to order an offender to perform community service. The maximum number of hours that the court can order is determined on the basis of 32 hours in the month. Whether the order is made by the High Court or

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the Magistrate Court, the supervising court is the Magistrate Court. If the order is breached, the offender can be sentenced afresh. Under the Community Service Orders Regulation No. 50 of 1996, the community development officer is assigned the responsibility of soliciting from the head of each government department, charitable organization, or nongovernmental organization (NGO) a description of the work that they need to be done and that could suitably be performed under a community service order. Finally, the most recent legislation, the Parole Bill, was enacted in 2004. Prisoners can apply for parole when they have served one-year imprisonment or one-third of their sentence, whichever is more. The parole board hears applications for parole and makes recommendations to the superintendent of prisons. Persons serving a sentence of life imprisonment can apply for parole when they have served 15 years or more.

Noncustodial Penalties The introduction and broadening of the parameters of noncustodial punishment in Montserrat is not only recent, but the debates are at present most topical in the current jurisprudence. The only judge and the single magistrate on the island have registered their concern that the means to supervise and enforce community orders (as alternatives to custodial sentences) were unavailable and inadequately resourced. The lack of a probation officer speciﬁcally dedicated to working with offenders was seen as a very real disadvantage to an “alternatives to custody” approach to sentencing. In response to these concerns by the court, the Community Development/Social Services Department conﬁrmed that contact is maintained on a regular basis with potential work providers from within both the private and the public sector. Where community service orders have been made, the overwhelming majority were successfully completed. However, supervision by the Community Development Department in terms of counseling offenders and preparing reports for court hearings placed a real strain on the department’s resources. The

department stated that it did not have the personnel to dedicate any one person to that type of work.

Prison During the years of the most recent volcanic crisis (2003–2006), there was not a conventional prison service, and those sentenced to terms in excess of 12 months were accommodated in prisons in other Caribbean countries, namely the British Virgin Islands (BVI) and the Turks and Caicos Islands (TCI). There are 21 people presently imprisoned either on remand or serving sentences of imprisonment on the island. Seven are still serving those sentences in the TCI and two in the BVI. Those prisoners are serving long sentences. The new prison on the island was constructed in 2004 and is presently furnished to accommodate 52 inmates, 32 general males, 10 high-security males, 8 females, and 2 young offenders. It is the only penal institution in Montserrat. The current prison population is 13 persons, all male adults, of whom 7 are serving long-term sentences of ﬁve or more years. The average prison population has been 13 in recent years. Between 2006 and 2008, 14 persons were sent to prison, of which 11 were Montserratians, 2 Guyanese, and 1 Dominican. As of July 2008, the prison housed 11 convicted prisoners and 2 remanded inmates for a variety of criminal offenses. Age differentiation in the prison population shows that prisoners are mainly between 17 and 45 years. One juvenile was convicted of attempted murder in 2008, but due to a lack of a law for the sentencing of juvenile offenders and a facility to house them, a noncustodial sentence was imposed that included curfew and community supervision. Women in prison are a rarity in Montserrat society. As of 2009, it has been reported that within the last two years, there were ﬁve women charged with serious offenses who have spent short periods in prison on remand; one female was charged with murder was convicted of manslaughter; one was charged with attempted murder, but has not gone before the court as of this writing; another was charged with trafficking of cannabis on two occasions in the two years prior to 2009 and has spent

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brief periods in prison; another woman was charged with forgery and theft; another was charged with handling stolen goods; and, ﬁnally, another was charged with criminal damage. There is no special place for mentally ill persons. If they violate the criminal law, they are sent to prison under “Queen’s Pleasure.” There are two such prisoners presently in prison who have already served 12 years.

Prison Programs The Montserrat prison has no professionally run programs, for example, dealing with substance abuse or anger management, although the government employs a psychologist who provides counseling to at least one prisoner. The superintendent of prisons expressed that he is conscious that the lack of professionally led programs is undesirable and indicated in his view that a probation officer, who could assist professionally with the rehabilitation of prisoners in preparation for their release back into the community, is a priority. There is no facility for testing for drugs in Montserrat, either within the prison itself or as part of any community order. Abuse of Class A drugs is not presently seen as problem in Montserrat. Use of controlled drugs seems to be limited to cannabis. At Her Majesty’s Prison Montserrat, the general rule is that all inmates must be engaged in some form of work. This can include woodwork and craftmaking, agriculture, gardening, and block-making. Community work is also available to meet the requests from other government departments, needy agencies, and individuals in the community who need assistance of varying kind. Prisoners are allowed to undertake work release programs. This involves an inmate being allowed out of the prison to engage in paid work with a view to earning a small income and to enhance skill development. The terms and conditions of this program of employment vary based on the skills and abilities of the inmates concerned. Educational programs are run in the prison for inmates based on the assessed needs at the time. There is a great demand for educational programs because more than half of the inmate population is

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illiterate. Interested inmates are assessed, and speciﬁc programs are designed for them. This program relies totally on the goodwill of volunteers. Prisoners’ religious needs are met by two prison chaplains who conduct religious counseling in the prison and coordinate the religious activities in the prison. Before the volcanic crisis, a number of religious representatives would visit the prison and conduct religious counseling and services on a regular basis. The numbers have dwindled, and presently, there are two organizations that attend the prison to conduct counseling and religious services. They are the Adventist Church prison ministries group, who visit every Saturday afternoon, and the Men’s’ Fellowship of the Brade’s Pentecostal Church, who visit on Sunday afternoons. They both conduct services and Bible discussions with inmates. Prisoners receive medical treatment on a regular basis. When an inmate is admitted to prison, he or she undergoes a medical check by a medical officer, and a medical ﬁle is created on that inmate. In case of an emergency, the inmate would be taken to the casualty department of the single hospital on the island. Prisoners are escorted to see a doctor at either of the two local clinics (Cudjoe Head Clinic or John’s Clinic). Inmates can make a request to see their own private doctor at their expense. Incentives are used to reward and encourage inmates who work well and conform to the prison rules and regulations. The awarding of incentives is determined by the resources available, the deed that is done, the security category of the inmate, and the needs of the inmate. Some incentives that are employed allow prisoners to undertake and to receive payment for work (payments are made in keeping with prison procedures) and to receive extra letters from relatives. Visits to the prison are regulated under the Prison Act 2002, which provides ﬁrst for the maintenance and closing of prisons and second for the conﬁnement and treatment of prisoners. It also makes provision for a Prison Visiting Committee, constituted by the governor and consisting of justices of the peace in Montserrat and six other members of the local community. Appointments, duration, and manner of conduct and organization of this committee are

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all prescribed by the rules. For example, members are required to pay frequent visits to the prison and hear any complaints that may be made by the prisoners; to consider periodically the character, conduct, and prospects of each prisoner; and to report to the governor any matter that they consider expedient to report. Any member of the Visiting Committee may at any time enter the prison and have free access to every part of it and to every prisoner. Lystra Hagley-Dickinson Further Reading Allen, K. (2007). “Access to Justice.” An address delivered by Kenneth Allen QC to a Prison Visitors Conference for the British Overseas Territories, Brades, Montserrat, May 8. Barnes, V. C. (2001, June). “The Montserrat Volcanic Disaster: A Gender Analysis of Psychosocial Effects and Coping.” Journal of Eastern Caribbean Studies 26(2): 33–53. British Foreign and Commonwealth Office: http:// www.fco.gov.uk. Saunders, A. (2005). “The Administration of Justice in Montserrat and the Impact of the Volcanic Activity.” A public lecture delivered at Brades, Montserrat, Caribbean, at the invitation of the Montserrat Police Service during the annual Police Week Activities by the Honorable Mr. Justice Adrian Saunders, Judge of the Eastern Caribbean Court of Justice, November 3. Sullivan, Oris. (2007). “Prisoner Rights.” Presented at the Prison Visitors Conference for the British Overseas Territories, Brades, Montserrat. *The author acknowledges with thanks the major contribution of Dr. Clarice Barnes, who was instrumental in undertaking the local research and interviewing key local authorities for this essay.

Navajo Nation Legal System: Customary/Common Murder: High Death Penalty: Yes

Background With 180,462 residents in the 2000 census, the Navajo Nation is the largest Native American tribe in the United States. The reservation covers 27,000 square miles in the states of Arizona, New Mexico, and Utah. The Navajo Nation is akin to a federalist state or country. Though it is technically a “domestic dependent nation” of the United States, the tribe still maintains its sovereignty and has its own elected government officials who enact and execute tribal laws and policies. The Navajo Nation does not have a constitution, but it has a comprehensive Tribal Code that spans six printed volumes. The Navajo Nation has a three-branch government system. The executive branch is headed by a president and vice president, who are elected by popular vote and serve four-year terms. Since 1990, the legislative branch has been headed by the speaker of the Navajo Nation Council, who is chosen by the members of the Navajo Nation Council and who serves a two-year term. The current Navajo Nation Council consists of 88 delegates who are elected to four-year terms by registered Navajo voters. The Navajo Nation is divided into 110 chapters, or local levels of government similar in some respects to states or counties. Navajo Nation Council delegate representation is proportional to voting district population in the chapters. In addition to council delegate representation, the residents of each chapter also elect chapter officials, including a president, vice president, and secretary/treasurer, who work in cooperation with their council delegates. These chapter officials oversee local policy. Certiﬁed chapters enjoy a fair amount of autonomy and may enter into agreements with other chapters, the mainstream Navajo Nation government, the U.S. federal government, or individual counties or states. The chapter officials execute leases and sales of property, control land use, and may decide whether their chapter will collect taxes.

Courts The Navajo Nation judiciary consists of a Supreme Court with three full-time justices, district courts,

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Navajo Nation

family courts, and peacemaker courts/program in each of 10 judicial districts, two of which were just recently added. Because the judiciary is “required to incorporate traditional teachings” into their rulings, all judges must speak Navajo and English in addition to understanding Navajo culture, the Navajo clan system, and Navajo religion. Though bound by the conﬁnes of U.S. federal law, Navajo courts rely on tribal precedent and decisions from other jurisdictions in arriving at rulings. The judicial system may be classiﬁed as a common law model adapted to customary Navajo law. The Navajo Nation Supreme Court hears appeals from the district and family courts. The Supreme Court is the tribe’s highest judicial authority

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for both criminal and civil cases. The court relies on tribal and federal precedent as well as Diné Bi Beenahaz’áanii, a body of law composed of Navajo traditional, customary, natural, and common law ideas. Justices on the Navajo Nation Supreme Court are not required to have law degrees, and historically, at least one of the three members has lacked a formal legal education. The current Supreme Court consists of two women (Louise Grant and Eleanor Shirley) and Chief Justice Herb Yazzie. The courts of general jurisdiction are the district and family courts. As would be expected, the family courts hear cases related to domestic relations and children. The district courts hear criminal and civil cases. At ﬁrst deceptively simple, criminal and civil

Attorney Donovan D. Brown, senior acting chief prosecutor for the Navajo Nation, right, organizes his notes before a special session of the Navajo Nation Supreme Court, held at Harvard University in Cambridge, Massachusetts, to decide if the Navajo Nation has jurisdiction over Sioux activist Russell Means, February 6, 1999. Means, who lived on Navajo land for 10 years, claims the Navajo Nation court has no jurisdiction to prosecute him for allegedly beating his father-in-law in 1997 in Arizona’s Navajo Nation. (AP Photo/William B. Plowman) © 2011 ABC-Clio. All Rights Reserved.

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jurisdiction in the Navajo Nation is rather complex because it is intensely regulated by U.S. federal law. Jurisdiction depends on the type of crime and status of both alleged offender and victim. A third court system could be appropriately termed a court of voluntary jurisdiction. The peacemaker courts/program is a court-annexed restorative justice program that has attracted a lot of international interest over the past decade because it is considered both a forerunner and frontrunner in the restorative justice movement.

Policing The Bureau of Indian Affairs (BIA) is a federal agency founded in 1824 to manage the lands held in trust by tribes and to oversee the education of Native Americans. The agency is an important one that dominates relations between the U.S. federal government and individual tribes across the country. Much of tribal justice, from police to courts to corrections, is overseen and/or funded by the BIA, making that agency one of the most important federal agencies when discussing crime and punishment on reservations. The BIA coordinates a tribal police academy and a judicial training program in addition to working to improve tribal corrections systems and detention facilities. In addition to services provided by U.S. federal law enforcement officers, especially the officers with the BIA, law enforcement is provided by two tribal agencies: the Navajo Department of Public Safety (NDPS) and the Navajo Law Enforcement Rangers. In existence since 1872 in some fashion or the other, the Navajo police were at ﬁrst annexed to the U.S. military, which provided the ﬁrst official legal oversight for the Navajo Nation. In traditional times, police services were provided by local headmen or elders, who worked as peacemakers with victims and offenders to fashion restorative responses to crimes that satisﬁed both victims and society. The Navajo Department of Public Safety is the primary law enforcement agency serving the reservation. Controlled by the BIA until 1959, NDPS operates in seven districts and is headquartered in the tribal capital, Window Rock, Arizona. Their primary responsibilities include investigation of crimes

and general protection of the public. They engage in preventive patrols but seldom foray into what is termed “the backcountry” (i.e., the woodlands and plains areas of the Navajo Nation), performing most of their work in the many communities that dot the reservation. NDPS has a number of units/ teams, including patrol, traffic, K-9, tactical operations, dive team, internal affairs, and recruitment/ training. NDPS is the largest tribal police agency in the United States. According to the U.S. Department of Justice, in 2000, there were 321 full-time sworn officers or an average of 2 per 1,000 residents and 1 per 100 square miles. In 2006, there were 54 criminal investigators associated with the NDPS’s Criminal Investigations Department. Like many other tribal police agencies, NDPS operates under a 638 contract (named for Public Law 93-638), meaning the tribe receives funding from the BIA to operate its police force, but it is controlled by the tribe itself. Funds from the 638 contract are supplemented by grant monies and some funding from the tribe. The second Navajo law enforcement agency is the Navajo Rangers, part of the Navajo Nation Department of Resource Enforcement. The Rangers’ duties include enforcement of Navajo environmental laws; search and rescue; livestock inspection; settlement of livestock disputes; investigation of livestock thefts; and protection of archeological and paleontological sites, cultural artifacts, and minerals (e.g., oil and gas), including patrol of the backcountry to prevent depredation of those areas. The Rangers have the responsibility of investigating natural resource crimes and enforcing federal statutes that apply to the environment, forest, and ﬁsh and game regulation. The Rangers are the only tribal policing agency authorized to perform cultural lawenforcement duties (i.e., protection of cultural items such as traditional medicine bundles and cultural areas such as burial sites). The Rangers also serve as supplemental officers, augmenting the general crime ﬁghting efforts of NDPS. In 2007, there were 26 Rangers divided into three districts. Their headquarters are in Window Rock, Arizona, which is a short distance from the NDPS headquarters. The Rangers are funded by the tribal government. They have also been successful in obtaining competitive

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Navajo Nation

federal grants to enhance their provision of law enforcement services. In addition to the two tribally operated agencies, the Navajo Nation beneﬁts from the law enforcement provided by the Federal Bureau of Investigation (FBI) and the Bureau of Indian Affairs. Both of these federal agencies investigate crimes and enforce the law on the Navajo reservation. They have jurisdiction over federal crimes and any cases that are not under tribal jurisdiction because of the type of crime or status of the victim or offender, as discussed in the following section.

Crime Classification of Crimes Given its status as a domestic dependent nation, the Navajo Nation uses the same legal classiﬁcation for offenses as does the United States. Misdemeanors are those crimes for which an offender can be sentenced to a maximum of one year or less in jail. Felonies are more serious offenses and can result in longer terms of incarceration and other serious sanctions, including the death penalty. Full criminal responsibility attaches at age 18. The Navajo Nation, like other tribal governments in the United States, is in a unique position with reference to jurisdiction over crime. The Major Crimes Act has transferred jurisdiction over serious felonies from tribes to the federal government since its passage in 1885. In 1968, the Indian Civil Rights Act (ICRA) was enacted by Congress to transfer important guarantees of the Bill of Rights to criminal justice processes in tribal courts. It also states that tribal governments cannot impose sentences more severe than one year in jail and/or a ﬁne of $5,000. That constraint essentially means that tribes are limited to adjudicating misdemeanors. The situation is complicated further if the federal government declines to prosecute a case, leaving such actions to the tribe, which is forced to try sometimes serious offenses as misdemeanors (i.e., aggravated assaults as simple ones, rapes as minor sexual assaults, etc.). The status of the alleged offender and victim also matter in deciding whether a tribe has jurisdiction over an offense. Since the General Crimes Act (also

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known as the Indian Country Crimes Act) was enacted in 1817, Native Americans who commit certain serious crimes against non-Indians have been transferred out of the tribal courts and into the federal justice system. Tribal courts also do not have criminal jurisdiction over non-Indians. In fact, the only time tribal jurisdiction is fairly certain is when a Native American is alleged to have committed a misdemeanor crime against another Native American in Indian Country, which includes all tribal lands and allotments. The jurisdictional puzzle is made even more complex when one considers that the Navajo Nation has a region called the “checkerboard area” resulting from small noncontiguous pieces of the eastern part of the reservation being converted to private ownership, as well as the existence of public and railroad lands there. Depending on one’s precise location in the checkerboard area, one can be on tribal, state, or federal land. The cross-deputization of law enforcement officers has helped ensure that the maze’s confusion is not exploited by criminals who would otherwise escape apprehension if the wrong agency were to respond to a call for service.

Challenging Crimes Many crimes pose a challenge to the Navajo Nation, but drug and alcohol offenses pose a particular difficulty. Though the reservation is technically dry (meaning all forms of alcohol are illegal to possess, consume, or distribute), the prevalence of bootlegged alcohol keeps the social work, health, and justice systems quite busy. In addition to offenses directly tied to alcohol (e.g., possession and consumption), the substance is linked as an accelerant to the most common violent offense on the reservation, domestic violence, as well as other forms of offending. In fact, according to testimony provided to the U.S. Senate, approximately 60 percent of the U.S. Uniform Crime Reports Part 1 offenses on the reservation in 2003 involved offenders who had used alcohol. It has become popular for some chronic alcoholics who cannot obtain alcohol to mix water or fruit juice and liquid hairspray in a concoction locally referred to as “ocean.” Because it contains methyl

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alcohol and other toxic ingredients, ocean is highly dangerous and has been linked to central nervous system impairment. It is also popular among Navajo drinkers in Gallup, New Mexico, an off-reservation community near the reservation, because that city is dry on Sundays. More recently, drugs have become an issue for the Navajo Nation, with increased numbers of tribal members using methamphetamine and other illicit drugs. When compared to alcohol, however, drugs are far less common and were involved in only 2 percent of part 1 offenses in 2003.

rapes, 202 acts of child abuse, and 386 offenses of domestic violence. By far the most common non-part 1 offense is drunkenness. According to the Senate Committee on Indian Affairs, in 2003, there were 1,124 offenses of drug abuse/possession; 4,091 cases of driving while intoxicated (DWI); 3,598 violations of liquor laws; and 22,119 cases of drunkenness. Juveniles committed 384 of the drug abuse/possession offenses, 94 DWIs, 151 violations of liquor laws, and 637 acts of drunkenness.

Finding of Guilt Crime Statistics

Rights of the Accused

Given the tribe’s large size, the Navajo Nation courts are much busier than other tribal courts, disposing of more than 75,000 cases a year. More than half of the cases are civil matters, but there are still a signiﬁcant number of criminal cases dealt with in the Navajo Nation court system. According to the U.S. Department of Justice, there were 31,507 criminal cases and 46,876 civil cases ﬁled in 2001. According to 2006 court statistics, a total of 81,326 cases were disposed of in the Navajo Nation courts. Serious offending is relatively uncommon on the Navajo reservation. The vast majority of crimes in Indian Country would be classiﬁed as nonserious acts. Though much more research is needed to fully describe the nature and type of crimes committed on tribal lands, the few available studies have been consistent in their ﬁndings, revealing that the most common arrests are for drunkenness and other liquor violations. The most common part 1 offenses involve family violence (e.g., domestic violence and child abuse) and aggravated assault fueled by alcohol consumption. According to the Senate Committee on Indian Affairs, in 2003, there were 51 offenses of homicidemanslaughter; 121 forcible rapes; 2,554 offenses of child abuse; 12,253 offenses of domestic violence; 29 strong-arm robberies; 20 aggravated assaults with a ﬁrearm; 244 aggravated assaults with other weapons; and 6,250 other aggravated assaults. Over 40 percent of each of these offenses was alcoholrelated. Juveniles committed 33 of the forcible

The major rights of the accused in the Navajo Nation nearly mirror those provided to defendants in the mainstream United States. In 1958, the Navajo Nation adopted its own Bill of Rights, patterned on the U.S. model. Guarantees of the rights to due process, to trial by jury, to assistance of counsel, to freedom of religion and speech and press, to assembly and seek redress, and to bear arms were granted to defendants in the Navajo Nation in addition to rights against unreasonable searches and seizures, double jeopardy, self-incrimination, excessive bail, and cruel or unusual punishment. In 1968, the Indian Civil Rights Act (ICRA) was enacted by Congress to transfer important guarantees of the Bill of Rights to criminal justice processes in tribal courts, and the Navajo Nation was forced to adopt that legislation although its own Bill of Rights was already in place. In addition, the ICRA was less complete than the Navajo Nation Bill of Rights because it did not guarantee freedom of religion, the right to bear arms, or the assistance of counsel. Now defendants in the Navajo Nation get the rights guaranteed by both the ICRA and their own Bill of Rights. Defendants who face the specter of incarceration are provided with assistance from the public defenders office if they cannot afford an attorney on their own because of the tribe’s Policy on Appointment of Counsel and Indigency adopted in 1993. The public defender’s office is not well funded, however, and has only ﬁve full-time public defenders on staff. DNA—People’s Legal Services (Dinebeiina Nahiilna

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Navajo Nation

be ‘Agha’diit’aahii, “Attorneys working for the revitalization of the people”) is a nonproﬁt organization that provides free legal assistance to low-income individuals who need assistance in civil matters, including vehicle and property-repossession cases. DNA also provides aid to those who need help seeking a protection order from domestic violence. There are also a host of private attorneys who are affiliated with the Navajo Nation Bar Association (NNBA), a professional organization founded in 1978 to promote education and professionalism among attorneys who serve in the Navajo Nation courts. Native Americans are not required to have completed a law school education to join the NNBA but must pass a bar exam and have some form of education beyond high school (i.e., law school, a bachelor’s degree, paralegal or advocacy training, training offered by the NNBA, or completion of an apprenticeship program approved by the NNBA). Non-Indians who wish to affiliate with the NNBA must have a law degree before they are eligible to sit for the bar exam. Defendants who are transferred to the state or federal justice systems get whatever protections and rights that are available to those charged in the respective system (i.e., U.S. Bill of Rights, any rights accorded to those charged in a state court, right to public defender or assistance from a legal aid society, etc.).

Investigation and Prosecution Crimes that fall under the jurisdiction of the tribe are investigated by the Navajo Department of Public Safety (NDPS), the Navajo Department of Criminal Investigations (affiliated with NDPS), or another appropriate law enforcement agency (e.g., the Navajo Law Enforcement Rangers). Crimes that fall under the jurisdiction of the state or federal justice systems are investigated by the appropriate authorities. Cases transferred to the federal courts, for example, would be investigated by the Federal Bureau of Investigation or Bureau of Indian Affairs investigators, whereas those in the state courts could be investigated by state police or local sheriff’s department.

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Prosecution of cases that fall under tribal jurisdiction is carried out by the Navajo Nation Prosecutor’s Office, which employed 22 full-time prosecutors in 2002. The prosecutor’s offices are headed by the chief prosecutor and serve 10 districts mirroring the geographical district boundaries used by the courts.

Peacemaking Many cases are eligible to be referred by the prosecutor’s office to an alternative dispute resolution process known as peacemaking. The Peacemaker Court/Program was launched in 1982 as a modern version of the traditional form of dispute resolution employed in the Navajo Nation since prehistoric times. In the traditional form of peacemaking, a naat’áanii (headman or elder) would be asked to help the parties in a dispute come to a reasonable solution that both found acceptable. When what we would now call crimes occurred, the naat’áanii would help the victim and offender fashion a response that restored the victim and helped protect the community from future victimization. This traditional form of justice continued into the 1980s, when it was revitalized by the Navajo Nation Judicial Branch in a court-annexed program. In the modern version of peacemaking, victims of crime or those who seek redress in civil-type matters can ask a court liaison to appoint a peacemaker to help them restore peace in their relationships or lives. The peacemakers are chosen by their communities based on their character, problem-solving skills, and leadership abilities. The cases take between 2 and 12 hours to resolve because everyone who attends is allowed to speak until they no longer wish to speak. The parties may bring many family members or involved individuals to the session, or a requestee seeking redress to some harm the requestee feels he or she has wrongly experienced may simply ask a respondent (who could be termed the “defendant” in mainstream courts) to come participate in the session. The peacemakers sometimes tell traditional stories to help identify key issues in a nonthreatening way so that the parties may talk about their problems indirectly by instead talking

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about how characters in the stories should have acted. Some modern Christian peacemakers tell Bible stories for the same purpose. The peacemaker does not fashion a response for the parties but instead guides them toward deciding one on their own, using traditional teaching and knowledge to inform the parties and the process. Often, the parties will mutually decide on appropriate nályééh (restitution) for anyone harmed by the respondent and will design a response that also includes protection against future victimization (e.g., referral to a batterers’ or anger management program). Although peacemakers in olden days were typically given tangibles (e.g., a sheep) in addition to a meal for their time and assistance, their modern counterparts are paid a small stipend by the parties. Peacemaking was given a major boost in 2000, when the Navajo Nation Council enabled the transfer of most criminal cases into peacemaking as part of a move toward incorporating more traditional Navajo customs and cultural ideas into the modern justice system. There are currently 242 peacemakers registered with the court-annexed program and countless other individuals who still serve as naat’áanii for the traditional form of peacemaking. The Navajo Peacemaking Court/Program has been viewed as a model by other tribes and countries. The program has many international visitors every year who observe and document the system in action in hopes of bringing parts of the process back to adapt into their own court procedures. Recidivism has been found to be lower for those who go through peacemaking when compared to defendants processed in the mainstream courts.

Courts With reference to criminal cases, the vast majority of matters in the tribal courts result in guilty pleas. More than 90 percent of defendants plead guilty rather than contest their guilt. Traditional Navajos are likely to plead guilty because of cultural pressures to admit fault even if one is not guilty of the offense charged. The Navajo Nation Times, the tribal newspaper, sometimes runs stories educating Navajos about their rights to trial because the ideas

are foreign to traditional individuals. It is not uncommon for Navajo defendants to plead guilty but to add that they “didn’t do it” (the crime). Criminal cases that go to trial are heard in the district courts, which employed 15 full-time judges in 2002, although there are currently slots for 16 judges. Judges are appointed and must meet the speciﬁed qualiﬁcations. As of 2003, successful candidates for Navajo Nation judge must be at least 30 years of age, be a member of the Navajo Nation Bar Association, have no felony convictions, have no misdemeanor convictions in the ﬁve years prior to being considered for a judgeship, possess at least a two-year associate’s degree, have at least four years experience in a law-related position, possess knowledge of Navajo Nation courts and laws, speak both Navajo and English, have knowledge of Navajo culture and ceremonies, be in good mental health, possess a driver’s license, and not be addicted to drugs or alcohol. In addition, candidates must pass a written test and ethics screening process, possess management skills, and submit four references attesting to their good character. Candidates for the position of Supreme Court judge must have a four-year bachelor’s degree, and existing district court judges are given preference in selection for the high court. All judges, including those appointed to the Supreme Court, serve two-year probationary periods before being conﬁrmed to a lifetime appointment during good behavior. Newly appointed judges must attend training. In addition to the judges, the courts employ a number of commissioners who hear domestic violence and other routine cases and make recommendations to the court, which are typically signed into action by the judge overseeing the commissioner. Defendants whose charges could result in incarceration may elect to be tried by a jury of six of their peers. Native American juveniles on reservations face particularly problematic issues because of the onerous reality of the Federal Juvenile Delinquency Act (FJDA). Enacted in 1938 and woefully behind the times, the FJDA combines with the Major Crimes Act to order the transfer of Native American juveniles from their tribal justice system to the federal

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Navajo Nation

courts if they commit a felony. Under the FJDA, tribal youth aged 15 or older who commit serious crimes such as murder, rape, or robbery on tribal lands are transferred to the federal courts, as are youth aged 13 to 14 whose tribes consent to the transfer. But because the FJDA was designed for the most sophisticated and incorrigible youth, Native juveniles charged with relatively nonserious property crimes can ﬁnd themselves transferred to the federal system with its harsher sentences and its lack of good time, parole, and aftercare. In addition, because the sentences imposed under the FJDA are usually limited to ﬁve years, transferred youth are likely to be certiﬁed to the adult system, where they are twice as likely as their counterparts who retain their juvenile status to be sent to prison. Due to the FJDA and Major Crimes Act, nearly two-thirds (61 percent) of juveniles held in federal detention are Native American, according to the U.S. Bureau of Justice Statistics. Juveniles are adjudicated in the Navajo Nation justice system, and some are incarcerated in its two juvenile detention facilities. At midyear 2007, 16 youth were held in Navajo Nation juvenile facilities. Cases that do not fall under tribal jurisdiction are processed in the appropriate state or federal court and are subject to the rules of those systems with respect to rights and processes.

Punishment A wide range of sanctions are available in the Navajo Nation. In olden days, the typical sanctions were restorative in nature, with rare usage of the death penalty for those suspected of witchcraft. Such alleged offenders were often tossed off cliffs to their untimely deaths. Sometimes offenders would be asked to make symbolic restorative payments through donated labor, much like today’s community service sanctions. Those offenders may be asked to chop wood for the elderly or perform other important tasks for those who needed societal assistance. Just being known as a wrongdoer and having rumors told about oneself was enough of a sanction to keep most offenders in line. Trials in olden days were called ‘ahwiinít’í (“they talk about you”

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or “where they talk about you”) and were the cause of great shame because traditional Navajos did not like being talked about. After the introduction of courts by the U.S. federal government, Navajos were introduced to jail as a sanction. Their ﬁrst experience with Americanized courts and sanctions occurred during their years of captivity at Bosque Redondo, where the Navajos were rounded up and imprisoned between 1864 and 1868. One day a week was set up for court hearings, and that day became known as Ghol Di (also seen spelled as Gooldi) by the Navajos, who now refer to their courts as Dine Bi Ghol Di in honor of that ﬁrst name assigned to them long ago. Some historical accounts on the reservation note that the choice of the words Ghol Di was an attempt to say “Jail Day” because that sanction was nearly universally imposed on the bewildered Navajos who appeared in the court on a variety of cultural charges, such as practicing their religion or traditions. Others trace the name to a transliteration of Hwéeldi (“the place of suffering”), the name given by the Navajos to their place of captivity at Bosque Redondo. Either way, going to Ghol Di meant getting punished. The Navajo word for judge is ‘ánihwii’aahii—“he who issues punishment”—another phrase that betrays the Navajos’ feelings about the justice system that was imposed on them. Once a foreign sanction, now jail is quite commonly imposed by the tribal courts, though the terms tend to be quite short. The Navajo Nation operates six adult detention facilities and one juvenile facility. Three of the adult facilities are used for holding new arrestees, and the other half were designed to house inmates serving sentences. Navajo Nation defendants may be detained before trial, and the vast majority (89 percent) of those incarcerated at midyear 2007 were unconvicted individuals. The typical adult inmate serves eight days because the courts are forced to release inmates serving sentences to make room for newly sentenced offenders in their overcrowded system, and 8 percent of arrestees are not even able to be booked because of a shortage of jail space, so they are simply arrested and released. The tribe has space to hold 179 adults and 36 juveniles, but that includes space for both sentenced inmates and

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those awaiting trial. According to the Bureau of Justice Statistics, at midyear 2007, there were 212 adults and 24 juveniles held in Navajo Nation detention facilities, and two of the six adult facilities were operating above 150 percent capacity in June 2007. Offenders serving time in the Navajo Nation at midyear 2007 included assaulters of various types and those convicted of offenses involving drugs or alcohol. Seven percent were serving time for assault or domestic violence, 3 percent had been convicted of rape, and an additional 7 percent were convicted of other assault offenses, meaning that one-fourth of incarcerated offenders are in Navajo Nation jails for violent offenses. About one-tenth had been jailed for DUI/DWI (6 percent) or drug offenses (3 percent). The remaining inmates were there for other offenses, or their offenses were not reported on the midyear survey of inmates. Most of the offenders serving time in Navajo Nation jails are male. The vast majority (89 percent) of the adult inmates at midyear 2007 were male, as were more than half (56 percent) of the juvenile detainees. This is not surprising given the higher proportion of men involved in crime when compared to women. Due in part to the very limited jail space and a cultural distaste for incarceration for all but the worst offenders, intermediate sanctions are the most common sanction doled out in the tribal courts. Intermediate sanctions available in the Navajo Nation include ﬁnes, community service, counseling, and drug and alcohol treatment. Probation is also quite common, especially when linked with mandated counseling or treatment. According to court statistics, 6,948 individuals were on probation in the Navajo Nation in 2006. As mentioned previously, the Indian Civil Rights Act (ICRA) limits tribal courts to imposing sentences of only one year or less in jail and/or a ﬁne of US$5,000. That means that sanctions for even severe offenses such as murder, rape, serious burglary, or serious drug offenses would be one year in jail combined with a ﬁne. Though the federal justice system has exclusive jurisdiction over serious charges such as these, the rate at which the

federal system declines felony cases committed on tribal lands amounts to roughly two-thirds of all cases presented to the authorities. Federal prosecutors cite the reliability of witnesses being affected by their consumption of alcohol as one of the reasons they decline to pursue charges; however, many factors can affect their decision not to prosecute when they feel their chances of winning in court are uncertain. Unfortunately, the affected tribes have little recourse other than charging defendants with whatever misdemeanor charges they can assemble. In some cases, those who commit serious crimes, including murder, spend only a couple of months in a Navajo Nation jail. Tribes across the country, including the Navajo Nation, lament that they are unable to pursue felony charges against violent offenders when the federal government decides the case might not result in an automatic win.

Death Penalty Those Navajos alleged to have committed serious felonies and charged with a federal crime face lengthy prison sentences or the death penalty if they are convicted. Though the death penalty is an option for Native Americans processed in the federal courts for crimes committed in Indian Country, it is rarely sought. Tribes are given the option of “opting in” to the death penalty, which the Navajo Nation has not. The ﬁrst Native American to be sentenced to death in recent times was a Navajo double murderer, Lezmond Mitchell, who was sentenced to die in 2003. The prosecutor assigned to his case initially refused to seek the death penalty before being overruled by then attorney general John Ashcroft.

Prison Technically, prison is not an option for those sentenced in the tribal courts given that the these courts do not have jurisdiction over felonies and cannot impose sentences longer than one year in jail. Defendants can be and are jailed, however, as discussed earlier. Two percent of inmates in the Navajo Nation jails were being held on felonies at midyear 2004.

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Netherlands Antilles

Prison is an option for those sentenced in the state or federal courts. however, because both of those jurisdictions have authority to sentence offenders to more than one year in jail. Those processed in the federal system, including juveniles processed under the Federal Juvenile Delinquency Act, are quite likely to receive prison terms. Jon’a Meyer Further Reading Becker, B. N., and P. Spruhan. (1998–1999). “Proﬁle of the Law of the Navajo Nation.” Tribal Law Journal: http://tlj.unm.edu/tribal-lawjournal/articles/preview/navajo/index.php. Bureau of Indian Affairs: http://www.doi.gov/bia/. Lowery, D. L. (1993). “Developing a Tribal Common Law Jurisprudence: The Navajo Experience, 1969–1992.” American Indian Law Review 18: 379–438. Navajo Nation Judicial Branch. (1993). A Public Guide to the Courts of the Navajo Nation. Window Rock, AZ: Navajo Nation Judicial Branch. Nielsen, M. O., and J. W. Zion. (2005). Navajo Nation Peacemaking: Living Traditional Justice. Tucson: University of Arizona Press. Yazzie, R. (1994). “ ‘Life Comes from It’: Navajo Justice Concepts.” New Mexico Law Review 24: 175–190.

Netherlands Antilles Murder: Medium Prison Rate: High Death Penalty: No Corporal Punishment: No

Background The Netherlands Antilles consists of ﬁve islands located in the Caribbean Sea. They are divided into two groups. The Windward Islands are located in the north, and they include Saba, St. Eustatius, and St. Maarten. The Leeward Islands, which are in the

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south of the sea, include Bonaire and Curacao. The total breadth of the Antilles territory spans nearly 600 miles. Historically, the Arawacs inhabited the Leeward Islands, and Caribs inhabited the Windward Islands. After being settled by the Spanish in the 1400s, and then conquered by the Dutch West Indies Company, today many Dutch Antilleans report having a mixed racial/ethnic heritage. Over 85 percent of the 186,000 people who reside in the Antilles consider themselves mixed black, and the remainder of the population report their ethnicity as Latin American, white, and/or East Asian. Although Dutch is the official language, Papiamento, a local dialect derived from Spanish, Portuguese, Dutch, and English, is widely spoken. Many nationals also speak English and Spanish ﬂuently.

Political and Social Context The ﬁrst constitution of the Netherlands Antilles was adopted in 1865. It stated that the Antilles were a federated state associated with the Kingdom of the Netherlands. In 1954, a revision to the Constitution changed the way in which the islands were governed and created the opportunity for each island to have its own political relationship with the Netherlands. At this time, the islands of the Antilles, along with Aruba, gained their independence from the Netherlands. In 1986, Aruba seceded from the Antilles and formed closer ties with the Netherlands. The Antilles, on the other hand, headed toward a greater level of independence. In the 1990s, several conferences were held to further clarify the nature of the relationship between each island and the Netherlands. Nearly 90 percent of the people in the Antilles voted to permanently dissolve the official bonds between the islands and the Netherlands. As of July 2008, the Netherlands Antilles are still considered an autonomous nation of the Kingdom of the Netherlands. However, the relationship between the islands and the Netherlands is currently undergoing renegotiation, and the islands are expected to disband in 2010 and no longer be part of the Netherlands territories at all.

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Government and Judiciary Much of what occurs in the Antilles is subject to the jurisprudence of each individual island. Although there is an overarching government that supervises the Antilles and a heavy reliance on the Netherlands for ﬁnancial and military support, most legal and political issues are dealt with at the island level. Currently, the queen of the Netherlands oversees international issues facing the Antilles. Each island has a president who reports to the Kingdom of the Netherlands and oversees local issues. The queen appoints all judges in the Netherlands Antilles. These individuals have generally received their legal training in the Netherlands. They are often not Dutch Antilleans but rather relocated to the Antilles as a result of their appointment. Many have lived in the Antilles for only a limited time, thus resulting in limited knowledge and experience with the experiences of Antillean citizens.

Policing The organizational structure of the police in the Netherlands Antilles has historically been fraught with corruption and clouded by inefficient bureaucracy and complex arrangements of police duties and responsibilities. As a result of these problems, the legislature in the Netherlands passed the 1993 Police Act, which attempted to restructure the police. Prior to the enactment of the Police Act, police in the Netherlands Antilles were divided into two groups. The ﬁrst group, the municipal police force, was responsible for patrols, criminal investigations, vice, juvenile offenders, traffic affairs, immigration, and administrative issues. The second group, the national police, was responsible for providing law enforcement services to rural areas and special services to help ensure safety on the coast, on waterways, and at airports. After the passage of the Police Act, officers were assigned to different regions rather than to speciﬁc duties. This was intended to streamline the police organization, weed out corruption, and make the police more efficient in responding to criminal activity. Moreover, it set forth a direct chain of command

with officers reporting to local government officials rather than to the minister of defense or other highlevel officials. The Police Act also clariﬁed the roles and responsibilities on the islands for police from the Netherlands and the Antilles. Despite these organizational changes, in 2002, the Dutch government was concerned that the law enforcement system in the Netherlands Antilles was suffering from a shortage of personnel and lacked the necessary resources to adequately enforce the local law. With the help of the Netherlands, which provided most of the ﬁnancial resources, training, and equipment, police in the Netherlands Antilles have increased their effectiveness in crime control and reduced the amount of corruption within the police organization. The roles and responsibilities for police in the Netherlands Antilles are limited to domestic issues, whereas the Netherlands handles all international law enforcement. The local police are responsible for detective and investigational work for criminal cases. Police have the power to arrest a suspect, keep that person in police custody, and seize evidence or property. Senior police officers, who are appointed to act as auxiliaries to the court, can use more aggressive investigative approaches than their junior associates, such as coercion. The full spectrum of investigative techniques afforded to the police is more limited in the Netherlands Antilles than in many other countries. For example, there is limited surveillance authority because excessive surveillance is thought to infringe on individual privacy. Also, there is very limited use of force by officers in their investigations.

Crime Classification of Crimes Crimes in the Netherlands Antilles are classiﬁed by the legislature based on perceived seriousness and harm. Prohibited acts are classiﬁed as felonies or infractions (transgressions). Crimes that involve physical harm to another person are often classiﬁed as felonies. This includes murder, intentional homicide, or other violent acts such as assault. Additionally,

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Netherlands Antilles

some crimes relating to personal property may also be classiﬁed as felonies. Actions that are less serious in nature but still violate law may be considered a transgression. For example, individuals who violate traffic laws may be cited. Such transgressions are usually handled by an administrative court, where there is no judge or legal proceeding. Individuals are cited rather than expected to report to the authorities and pay a ﬁne. In most cases, there is no right to appeal the ﬁne or culpability. The classiﬁcation of crimes in the Netherlands Antilles signiﬁcantly impacts judicial procedure in so far as the type of offense ultimately determines the type of judge who will preside over a case and the court in which the case will be heard. For example, transgressions are tried in a different court from felonies, and a police judge or an appointed person hears the case rather than a criminal court judge. Individuals who are considered experts in the law may be appointed to serve on the judiciary regardless of their credentials as a lawyer or professional training.

DRUG OFFENSES Some drugs in the Netherlands Antilles are decriminalized for personal use; however, the sale and use of most substances is considered a serious criminal offense. The National Criminal Intelligence Service of the Netherlands determines which drugs should be classiﬁed as “soft” drugs versus “hard” drugs. Such determinations dictate criminal justice policy and enforcement of drug legislation. Currently, drugs such as heroin, cocaine, and amphetamines are classiﬁed as “hard” drugs, and marijuana and hashish are classiﬁed as “soft” drugs.

Crimes Challenging the Country Like many of the other islands in the Caribbean Sea, the Antilles have witnessed a signiﬁcant rise in the amount of drug-related crime over the past few decades. For example, the United Nations Office on Drugs and Crime reported that in 1991, only 590 kilos of cocaine were seized; in 2001, more than 1,043 kilos were seized; and in 2004, over 9,000 kilos were seized. In 2004, the Netherlands

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Antilles ranked eighth in the world for cocaine seizures and was among the world’s leaders with respect to the amount of drugs seized per capita. In addition to crimes involving the drug trade, the Netherlands Antilles are experiencing problems with human trafficking and illegal immigration. According to the United Nations Report on International Human Rights, the country has been receiving and exporting men, women, and children for sexual exploitation, domestic servitude, and forced labor to the countries’ construction and agricultural industries. This report speciﬁcally sited Curacao and St. Maarten as culprits in human trafﬁcking for the sex trade in Peru, Brazil, and Colombia. Furthermore, the report argued that more than 500 foreign women may be working as prostitutes, many against their will. Recent efforts in collaboration with the Kingdom of the Netherlands have attempted to curtail these abuses, the success of which has yet to be determined. The Netherlands Antilles provides a certain degree of latitude for individuals who are engaged in the sex industry. For example, all islands in the Antilles have legal brothels that are regulated by the government. The government issues permits for “dancers” that allow women to work in the facilities for up to three months. During their time as employees, women are subject to regular medical checkups. The brothels are limited in the number of workers they are allowed to have at any given time. However, a signiﬁcant amount of sex work occurs outside of the brothels and involves many of the women trafficked for the sex industry. Prostitutes can be found in local bars, discos, and clubs. These women, who work in unregulated facilities, do not have access to regular medical checks and are often subject to abuse, sexually transmitted diseases, and deplorable living conditions.

Crime Statistics Each island is responsible for tracking criminal events, victimizations, and arrests. Accordingly, the smaller islands with fewer resources are less proﬁcient in systematically collecting and disseminating data on criminal events. Unlike the smaller islands

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of Saba and St. Eustatius, which do not have publicly available data on crimes reported to the police, the islands of Bonaire, Curacao, and St. Maarten have been collecting data in earnest for the past few years. The most recent data available from the Central Bureau of Statistics Netherlands Antilles suggest that theft is the most widely reported crime. For example, in 2003, St. Maarten recorded 1,086 incidents of qualiﬁed theft, 397 of theft, and 165 of theft with violence. There are relatively few instances of homicide. In 2003, there were 2 homicide cases reported to the police on Bonaire and fewer than 20 cases reported on St. Maarten.

Finding of Guilt The criminal justice system in the Netherlands Antilles is modeled after the inquisitorial criminal procedures used in the Netherlands. Accordingly, judges in the criminal court play an active role in determining the facts of a case rather than acting as an impartial moderator between the state and the accused. A judge is free to ask questions of witnesses, and the accused and can also act as the driving force behind evidence collecting efforts. Judges also ultimately determine guilt or innocence.

Rights of the Accused In the Netherlands Antilles, individuals who are accused of a criminal offense are not afforded many of the rights that are often taken for granted in other countries. This includes the right to trial by jury, judicial expediency, and the option to plea to lesser charges. The incorporation of lay members of the community is generally left out of judicial procedure. An appointed judge decides all cases serious in nature. Moreover, the notion of a speedy trial can be hampered by the laborious pretrial process, which allows individuals to be held without trial for months at a time. The option to plea to lesser charge is determined by the police or judge and is not afforded to all offenders. Although ﬁnes are gaining popularity in their use, it is up to the state to determine when and how they will be applied.

Court-appointed attorneys are provided under very limited conditions and only at speciﬁc times in the judicial process. There is no right to courtappointed assistance in the pretrial phase of the investigation unless the individual has been deprived of liberty as a result of detention. In such cases, attorneys are provided when offenders are unable to secure assistance for themselves.

Criminal Investigation and Prosecution Criminal investigations are conducted by the police and at the will of the presiding judge. Cases can be investigated through traditional police practice where a complaint is levied. Investigations can also be conducted by the police in accordance with, and under the direction of, the presiding judge during the pretrial and trail phase of a case when questions remain unanswered or evidence is needed. Prosecutors are actors of the state, and they are the only actors who have the power to make a decision about dropping cases, settling cases out of court by means of transaction, or issuing a writ of summons. In general the amount of prosecutorial discretion has increased over the past decade but still remains largely regulated by the code of criminal procedure. In some cases, prosecutors decide not to take a case to trial but rather recommend the case be settled by transaction. In such cases, the accused may or may not admit to the charges, but rather than going through with a trial and having the charges on his or her court record, the accused agrees to a set of conditions laid out by the prosecutor. Most cases that are settled in this way require the individual to pay some predetermined ﬁne that corresponds to the criminal charge.

Pretrial Procedures Prior to a trial, the police have a signiﬁcant amount of latitude with respect to detaining suspects. For example, in cases where an individual is caught in the act of committing an offense, police have the ability to keep the suspect and question him or her for up to six hours. After the initial interrogation, seniorlevel police officers can make the determination to

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Netherlands Antilles

release the suspect, pending further investigation, or keep the suspect in police custody for an additional six days. After the six days of police custody have expired, the suspect can be further detained at the will of the presiding judge. This detention can last for several months; however, every 30 days, the suspect has the right to be heard by a judge. Additionally, the suspect has access to an attorney during this time and can challenge his or her detention prior to trial.

Criminal Responsibility To determine guilt, causation and culpability must be established. Causation suggests that the person who is accused of committing an offense or harm to another person actually participated in an event in which some foreseeable action could result in the harm of a person or property. More speciﬁcally, causation is not limited to one individual purposefully harming another, but also includes any individual behaving in such a way that there is a reasonable possibility that injury to someone could occur given the behavior of the accused. Culpability, or responsibility, is divided into two subgroups. First, culpability can be determined based on intent. Intent suggests that the accused meant to cause harm, violate the law, or act in a fashion that is likely to result in harm. The second form of culpability includes negligence. Conscious negligence is argued to have occurred when an individual takes a risk that is likely to result in harm but justiﬁes his or her actions to engage in such behavior based on faulty logic. Unconscious negligence is argued to have occurred when the offender acts thoughtlessly or was not aware that certain behaviors or actions can result in harm, but should have been. In some cases, the ﬁnding of guilt can be averted because the accused has provided a reasonable defense or an excuse. The law does not distinguish between a justiﬁcation under the law and an excuse. The result, when compelling evidence is provided, is the same—an acquittal. Some examples of justiﬁcations or defense strategies include self-defense, public obligation, and obeying the order of a competent authority.

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In contrast to a defense or justiﬁcation for committing an offense, some individuals opt to present the court with an excuse of culpability. This may include insanity, duress, and absence of blameworthiness. Insanity in the Dutch system is deﬁned as a mental state in which one cannot be found criminally culpable because of a mental disorder or mental disease. The excuse of duress can be used if the accused is found to have acted as a result of external pressures that created a situation in which he or she could not resist their actions. The excuse of absence of blameworthiness was derived from case law in the Netherlands and suggests that the accused did not know his or her actions were illegal. This excuse must be reasonable to the court but allows for the accused to be found inculpable due to ignorance of the facts or the law.

Age of Criminal Culpability Children who are not yet 12 years old are thought to be too young to be criminally responsible for their actions; however, they can be mandated to attend juvenile court on civil matters. There are special laws that pertain to children between the ages of 12 and 16. For juveniles between the ages of 16 and 18, juvenile law is still applicable; however, under some conditions, adult law can be applied. The decision to proceed in adult court and under adult law is subject to the circumstances of the case, the seriousness of the offense, and the character of the offender. These factors also come into play with individuals between the ages of 18 and 21. Offenders under age 21 may be tried in juvenile court if the offense is less serious in nature and if the characteristics of the offense and the offender are such that adult law would be inappropriate. The transfer of children to adult court is very rare.

Victims’ Rights The role of the victim under Dutch law and in the Netherlands Antilles is extremely limited. The only time the victim’s experience is taken into consideration is during the trial and then only if he or she is called as a witness. There is no right to speak at trial or to offer an impact statement to the judge as

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a means of swaying opinion in favor of one punishment or another. Victims also do not have the right to counsel or to appeal a court’s decision. Additionally, in criminal cases, victims have no right to privately pursue prosecution. The right to prosecute is solely a matter of state discretion. If, however, the state decides not to move forward with a prosecution, the victim can ﬁle an appeal to the court. Rarely are these appeals granted.

Punishment The criminal justice system classiﬁes penalties for adults as either punishments or measures. Punishments are designed to affect offenders and society at large through deterrence. A measure does not require that an individual be found guilty of an offense and is intended not to cause hardship to the accused, but rather to restore a sense of safety and security to society. The determination of imposing a punishment or a measure is generally left to the discretion of the presiding judge or senior investigating police officer. Ultimately, these decisions are made within the context of the recommendations found in the penal code and are speciﬁc to the court in which the case is decided.

Punishments The death penalty has not been used since 1950, and it has been illegal for all Dutch Antillean citizens, both civilian and military, since the 1980s. In the case of murder, the code suggests a punishment of life imprisonment, conﬁnement for up to 20 years, or a ﬁne of €45,000 (approx. US$57,355). In contrast, assault, which is considered to be a less serious offense, is deﬁned as a physical harm to another that is punishable by a term of imprisonment not to exceed two years or a ﬁne of €11,250 (approx. US$14,345). There are several different types of punishment that can be imposed on an individual who is found criminally responsible for his or her actions. These punishments generally include task penalties, community service, ﬁnes, and/or incarceration. In some

special cases, where offenders also have an underlying metal health problem or drug addiction, they may also be remanded to a treatment facility. As discussed before, there is a signiﬁcant reliance on ﬁnes as a central form of punishment in the Netherlands Antilles. However, there has been increasing interest in more creative sentencing practices, which include those focused on ways to rehabilitate offenders. Task penalties are a unique way in which the Dutch system tries to rehabilitate offenders while at the same time minimizing reliance on incarceration and detention. These types of punishments may include electronic monitoring or penitentiary programs, which are speciﬁc to the needs of the offender as determined by the courts. The notion of task penalties dates back to the 1970s, when a committee dedicated to alternative penal sections debated alternative systems of correction and advised the Dutch government on various ways to reduce crime and prison sentences while at the same time minimizing recidivism. In addition to task penalties, the court can also impose various forms of community service. These programs have tried to replace short-term detentions for nonviolent and nonserious offenders with activities that speciﬁcally relate to restoring the community and rehabilitating offenders. It is important to note that although the court can impose community service, legislation has been passed that states community service cannot be used as a replacement for a suspended prison sentences or ﬁne. In many cases, the courts have opted to use ﬁnes as a means of punishment rather than incarceration. This form of punishment considerably increased after the passage of the Financial Penalties Act. This speciﬁc form of legislation allowed judges to more liberally apply ﬁnes in cases where incarceration had been previously used.

Measures The goal of a measure is not to sanction the individual but rather to ensure community safety and security. There are several different kinds of measures that can be imposed, ranging from the seizure of

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Netherlands Antilles

one’s personal property to ﬁnes or state-mandated drug treatment or psychiatric care. The criminal code speciﬁes that objects that are thought to be harmful to individuals or the public can be removed from circulation without trial or arrest. For example, objects discovered during a police investigation that may relate to some kind of criminal activity or possession of which is illegal can be seized by the police regardless of whether there is enough evidence to try the person whose possessions are seized or whether they are found guilty by the court. Another measure that can be administered by the courts is the conﬁscation of money that was obtained through illegal activities. This measure, which is predominately used to punish individuals and corporations involved in organized or white-collar crime, targets the purse strings of those suspected of illegal activity. In such cases, individuals can be forced to pay the state treasury ﬁnes that equal the amount of money that is suspected to have been gained through illegal transactions. Although individuals and corporations do not have to be found guilty for these measures to be imposed, the court is responsible for assessing and estimating the amount of proﬁts earned through illegal endeavors to determine the amount of money that is to be paid back to the state treasury. Although the measures describe here arguably are intended to recoup the costs of criminal activity or protect the community from objects in circulation that can be harmful if not seized, other measures imposed by the court are directly intended to help the accused. For example, the court may impose a measure that is intended to force the accused to undergo treatment for psychiatric illnesses or drug addition.

Psychiatric Illness and Drug Treatment In the case where an individual is found not guilty because criminal culpability is lacking due to an underlying metal illness or deﬁcit, the court can require the accused be remanded to psychiatric treatment for up to one year. For the court to impose such a measure, it must be determined that the accused is a

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threat to himself or herself or to the community at large. This determination is not made by the judge per se, but rather requires an extensive investigation into the offender’s psychiatric state by at least two psychiatrists who are required to submit an evaluation to the court prior to sentencing. In addition to requiring the accused to undergo psychiatric treatment, the court also has the power to enact an entrustment order. This measure can be imposed for crimes that are more serious in nature and result in a more extensive hospitalization than speciﬁed in the psychiatric treatment order. Generally, the entrustment order is applied in cases where the accused is found to be responsible regardless of his or her mental handicap. Under the entrustment order, the accused can be remanded to hospital care at a state-run facility for a term of up to two years. In special cases, the court can extend the hospitalization beyond the two-year term limit when extraordinary conditions suggest this would be in the best interests of the accused and the community. In less severe circumstances than those described under the psychiatric hospital order and the entrustment order, individuals can be required to seek out and undergo outpatient hospital care. This measure is often imposed alongside other penalties, such as probation. The Dutch system provides judges with the power to force the accused into drug treatment. These treatment facilities are designed to provide long-term and intense drug treatment regimens to individuals with habitual problems related to drugs. Some of the services that are offered by state-run drug treatment faculties are counseling, nursing care, education, and employment training. Offenders who are sentenced to mandatory drug treatment have their daily activities monitored by officers of the court from the probation department who specialize in drug rehabilitation.

Juveniles Since 1995, the police, in addition to judges, have had the discretion to handle juvenile cases through transactions rather than traditional trials. In cases where juveniles are accused of engaging in relatively

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minor offenses including vandalism and shoplifting, police officers can require the accused to participate in crime prevention programs that are intended to curtail criminal activity in young people before it becomes more serious in nature. Ultimately, the goal of such penalties is to change the behaviors of the accused and have them understand the harm that was caused by their actions. The maximum length of a detention term for a juvenile is much lower than that which is speciﬁed in Dutch law for adults. For juveniles under the age of 16, the maximum term that can be imposed is 12 months. The term is doubled for those who are over the age of 16. Juveniles, in addition to being subject to alternative systems of justice and punishment, are also provided with alternative facilities for detention. In these facilities, the notion of rehabilitation is stressed even more than it is for adults. Juveniles are provided with the opportunity to engage in community service to repair the damage their actions caused, and they are also afforded educational opportunities and job training.

Prisons There are three institutions in the Netherlands Antilles that currently house 780 prisoners. Bon Futuro Prison is the largest prison in the Netherlands Antilles and can house up to 362 prisoners. Pointe Blanche is much smaller and can house only 130 inmates, and the third facility in Bonaire is even smaller, with only 51 spaces. All facilities are equipped to hold both male and female inmates. Females account for roughly 11 percent of the prison population. According to the International Centre for Prison Studies, Bon Futuro is at 172 percent capacity, and Point Blanch is at 108 percent. Bon Futuro has recently undergone extensive renovations in response to a recent visit from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. This committee described the newly renovated facility as having a large yard with open and shaded areas that is equipped with tables for the prisoners to congregate around. Moreover, the prison currently allows for the total out-of-cell time per day to

be more than eight hours. Access to equipment for exercise and sport on the yard is limited; however, there is a prison gym. Prior to the renovations, several complaints were brought forth by prisoners that resulted in the initial visit from European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. During this visit, shortcomings were noted by this committee, which resulted in a widespread effort to urge the government of the Netherlands Antilles to improve the “inhumane” conditions at Bon Futuro prison, as well as the cells located at the police stations on the islands of St. Maarten and Bonaire. Of central concern were the issues of overcrowding, sanitary conditions, quality of food, and outdated ventilation systems. Members of this committee also noted what appeared to be widespread corruption among police and other officials, as well as reports of mistreatment of prisoners by guards at Bon Futuro. In prior years, the committee had attempted to convince the government that there were reports of violence among prisoners, which included instances of sexual assault. These efforts initiated a government-led investigation, which resulted in ample evidence being found that suggested some of the prison guards on Curacao and St. Maarten regularly assisted inmates by facilitating drug and ﬁrearm smuggling. Additional evidence suggested that prison guards allowed violent breakouts to occur and ignored sexual assaults in the prisons. The results of the investigation empowered the Justice Minister to suspended 175 of the 202 guards and replace them with regular police. Assistance to implement the renovations was provided by the Dutch government, which earmarked money to build a new juvenile wing and a maximum-security facility and assisted with other improvements to Bon Futuro. Additionally, the Netherlands has also offered assistance with training prison guards. Jennifer L. Christian Further Reading Government of the Netherlands Antilles: http:// www.gov.an/ccg/home.nsf.

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Nicaragua

Tak, P. J. P. (2003). The Dutch Criminal Justice System: Organization and Operation. Den Haag: Boom Juridische Uitgevers. U.S. Department of State. (2010) Background Note: Netherlands Antilles: http://www.state. gov/r/pa/ei/bgn/22528.htm.

Nicaragua Legal System: Civil Murder: High Corruption: Medium Human Trafficking: Medium Prison Rate: Medium Death Penalty: No Corporal Punishment: No

Background After declaring independence from Spain in 1821, Nicaragua experienced decades of unrest as the United Kingdom and the United States struggled over control of a transit canal route across Nicaragua. What followed were frequent U.S. military interventions into Nicaragua and a tendency for Nicaraguan politicians to ask the United States to settle domestic disputes. To support President Adolfo Díaz, U.S. marines landed in Nicaragua in 1912. Shortly afterward, under the 1916 Bryan-Chamorro Treaty, Nicaragua became a protectorate of the United States. Opposition to U.S. intervention led to guerrilla warfare against the ensuing U.S.-supported military dictatorships, even after the U.S. marines withdrew in 1933. Anastasio Somoza and his family ruled Nicaragua from 1936 until 1979, when a massive popular insurrection, led by the Sandinista National Liberation Front, overthrew the Somoza dictatorship. The Sandinistas established a government based on mass organizations of workers and farmers, abolished the existing Constitution, and promulgated the Fundamental Statute of the Republic of Nicaragua, which created the basic governmental institutions of Nicaragua, and the Statute on the Rights and Guarantees of Nicaraguans, which extended

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equal protection and equal obligations of all Nicaraguans. This comprehensive scheme of civil liberties, economic rights, and privileges of citizenship was later incorporated into the new Constitution. In 1981, the U.S. government ended its economic aid to the Sandinista government and began to support the counterrevolutionary military forces, known as the Contras, in their war to overthrow the Sandinista government. In 1984, elections were held, and Sandinista Daniel Ortega won the presidency. The Contra war intensiﬁed for the next few years. In 1990, the Sandinista government was electorally defeated by a broad anti-Sandinista coalition when Violetta Barrios de Chamorro became president. The U.S. trade embargo was lifted, and the Contras stopped ﬁghting. Although Chamorro attempted to create a cooperative political environment, tense relations with the Sandinistas and business groups threatened to destabilize the government. Business groups felt that the pace of Chamorro’s economic reforms was too slow, whereas the Sandinistas were upset that their earlier achievements were being dismantled. Furthermore, widespread governmental corruption led to the disillusionment of Nicaraguans with their government and its institutions. In 1996, José Arnoldo Alemán Lacayo, leader of the conservative Liberal Alliance, was elected to office and was followed in 2001 by another Liberal Constitutionalist Party (PLC) member, Enrique Bolaños Geyer. Bolaños led an anticorruption campaign against Alemán, which resulted in Alemán’s conviction for embezzlement and other crimes. A power struggle erupted between the National Assembly’s Liberal party members, in alliance with the Sandinistas and President Bolaños. In 2006, Sandinista Daniel Ortega was again elected president. For nearly 30 years, Nicaragua has been in the midst of a complex process of political, economic, social, and legal transition. Almost 70 percent of Nicaragua’s 5.7 million people live in poverty, with the rural population being particularly vulnerable. Nicaragua’s economy and infrastructure, greatly damaged by the Contra war and later by Hurricane Mitch in 1998, are slowly recovering, but Nicaragua continues to experience widespread underemployment, extreme poverty, and severe income

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inequality. The gross domestic product adjusted for purchasing power parity was US$2,800, and the literacy rate was just over 67 percent in 2008. The Nicaraguan government is divided into three branches: executive, legislative, and judicial. The president leads the executive power and is both chief of state and head of government: he or she rules administratively through the Council of Ministers. The president is elected on the same ticket with the vice president by popular vote for a ﬁveyear term and can serve a second term as long as it is not consecutive. The legislative power is exercised by the 92-member unicameral National Assembly. Ninety members are popularly elected by proportional representation to serve ﬁve-year terms, one seat is reserved for the previous president, and one seat is for the runner-up in the previous presidential election. In addition to its legislative duties, this National Assembly also elects the 16 justices that form the Supreme Court of Justice; justices serve ﬁve-year terms.

Courts The single uniﬁed court structure, duties, and procedures remain largely unchanged from the 1894 Organic Law of the Courts and various decrees issued since the law has been enacted. The Organic Law established a judicial system that is composed of a Supreme Court, six courts of appeal, district courts, and local courts. The highest court is the Supreme Court of Justice, which has territorial jurisdiction over the entire country and subject matter jurisdiction over all issues except labor disputes. Recently, the Supreme Court has been expanded to include 16 justices who are elected by the National Assembly from recommendations by the president of the republic and members of the National Assembly in consultation with civil associations. Justices, who have functional immunity, serve for a ﬁve-year period and can be reelected. To serve as a Supreme Court justice, a candidate must have Nicaraguan nationality and be an attorney of good morals who has been in practice for at least 10 years or has served as an appellate court judge for ﬁve years. A judge must be at least 35 years

old but less than 75 years old and not have been suspended from legal practice. The candidate must be fully entitled to his or her political and civil rights and not be an active or recent member of the military. Finally, he or she must have lived in the country continuously for four years prior to the date of election, except if performing a diplomatic mission, working in an international agency, or completing a course of study abroad. The function of the Supreme Court of Justice is to administer justice, which includes resolving appeals from the district and local courts, the recourse of amparo for violation of the rights established in the Constitution and the Law of Amparo, the recourse of unconstitutionality of laws and governmental administrative functions, and international affairs. The Supreme Court’s Criminal Chamber consists of six justices who hear, process, and resolve all criminal matters under its jurisdiction. In 2005, the Supreme Court’s Criminal Chamber issued 121 rulings as compared to 44 in 2000, 39 in 2001, 43 in 2002, 42 in 2003, and 112 in 2004. Finally, the number of decisions on appeals for legal protection (amparo) issued by the Constitutional Court grew by 86 percent in 2005. Directly subordinate to the Supreme Court of Justice, the six courts of appeal have jurisdiction over a particular geographical region of the country. At least ﬁve magistrates in each court of appeals handle civil, labor, and criminal cases. The chief justice of the court of appeals is appointed by least two-thirds of the members of the court to serve a one-year term and may be reelected. Court of Appeals justices hear appeals from the district courts, recourses of amparo, and jurisdictional disputes between lower-court judges. Immediately below the courts of appeals are the district courts, which hear both criminal and civil cases. As of June 2006, there were 136 district courts: 31 in Managua, 23 in the central zone, 18 in the west, 13 in Las Segovias, 10 in the south, 13 in the north, 5 in the South Atlantic, and 7 in the North Atlantic. The district courts are divided by subject matter into single courts as well as civil, family, criminal, labor, and other special courts. District court judges, who are elected by the full Supreme

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Nicaragua

Court, preside over criminal trials and sentencing in departments and autonomous regions. District court judges hear criminal cases, criminal case appeals from the local courts, disciplinary actions, and administrative matters. The lowest courts are the local courts, which hear criminal cases and small commercial cases. Each municipality has at least one local court, with a single judge elected by the full Supreme Court. The 186 local courts are organized by subject matter, which include single courts, a civil court, a family court, a criminal court, and a labor court. These courts are the ﬁrst step in the criminal judicial process, but the judges do not conduct criminal trials and cannot sentence. Their role is a preliminary one. Historically, the Nicaraguan judicial system has been characterized by widespread corruption. Under the Somoza dictatorship, bribery was common, as were arbitrary arrests, house-to-house searches, and summary executions carried out by Somoza’s National Guard. Consequently, public conﬁdence in the judicial system was very weak. After the Sandinistas took power in July 1979, most of the judges who had been in office during the Somoza era ﬂed the country, leaving a manpower gap in the judicial system. Supporting the courts are the Attorney General’s Office, which represents the executive branch and government interests; the Public Ministry, an independent agency staffed with 260 prosecutors nationwide that investigates crimes and exercises criminal prosecution; the Public Defender’s Office; and the Human Rights Ombudsman. The entire legal system continues to be prone to political inﬂuence and corruption. Often a judge’s sympathies, pressure from political leaders, or acceptance of bribes inﬂuence his or her judicial ﬁndings. Inexperienced and undereducated lawyers and judges, passive prosecutors, an underfunded and understaffed Public Defender’s Office, and arcane legal codes create additional burdens to the system. To help combat these problems, in 2006, the judicial branch began several projects that included expanding the infrastructure of public defender’s offices, building infrastructure for implementing the criminal procedure code, and drafting a plan for sustainability and modernization of

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the public records system. Between 2002 and 2006, the budget of the Attorney General’s Office rose by 153 percent, whereas between 2004 and 2007, the budget for the court system and the Public Ministry (the Public Prosecutor’s Office) increased by 95 percent and 194 percent, respectively.

Crime Classification of Crime The current criminal code was passed in 1974 under the Somoza dictatorship and is substantially the same as the original 1879 criminal code, which divided punishable crimes into misdemeanors and felonies. In 2000, the National Assembly began writing a new penal code, but its approval has been delayed by extended political disagreements. Murders in Nicaragua are classiﬁed as homicides and assassinations, which are divided into completed acts, attempts, and blocked attempts. Further, homicides can be intentional, culpable, and culpable vehicular homicides. Parricides and infanticides and their attempts are separate crimes. Murder is punishable from 1 to 25 years, depending on the relationship between the victim and offender as well as the circumstances of the homicide. The murder of one’s parents, children, close ascendants, or close descendants (legal or common law) can result in 10 to 25 years in prison. If the victims are adoptive parents or children, the punishment is 6 to 14 years. If the offender kills his or her spouse in the heat of passion when surprised by adultery, the punishment is 2 to 5 years in prison. Deliberate, intentional homicide of a nonrelative is punishable by 3 to 6 years. Assassination, which is premeditated, cruel, murder for hire, by suffocation, arson or poison, with treachery, or in the course of a burglary, is punishable by 15 to 30 years. For murder of an unrelated child less than 7 years old or of an infant, the punishment is 15 to 30 years. No crime is punishable by more than 30 years in prison. Felony assault laws do not penalize the offender for his or her actions, but for the effects of those actions. The damage can be physically visible, such as a wound, or can be any alteration in health to the person. This includes mental humiliation or threats.

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The sentence imposed after conviction, which can range from one to six years, depends on the severity and location of the injury. The new law provides that the offender receive the maximum sentence if the injuries are a result of domestic violence. In August 1996, the National Assembly passed the Law on Aggression against Women, which is designed to establish a basis for prosecuting crimes against women. The Law to Prevent and Punish Domestic Violence, or article 230, was enacted as the result of a strategic alliance between politicians, government officials, community leaders, researchers, and legal and health professionals. To protect domestic violence victims, a judge can order the following: (1) prohibition or restriction of the presence of the aggressor within 100 meters from the victim’s home or workplace; (2) the ability of the victim to return home if forced to leave because of violence or intimidation; (3) medical, psychological, or psychiatric assistance for the victim; (4) rehabilitation for the aggressor; (5) biological, psychological, and social examination/assistance for any children involved; (6) compensation for any possible damages; (7) seizure of any weapons in the aggressor’s possession; and (8) prohibition on all forms of harassment, including electronic, that disturb the victim’s tranquility. Punishment for a domestic violence conviction ranges up to ﬁve years’ imprisonment. The law also allows for restraining orders when a woman fears for her safety. Although abortion has been illegal in Nicaragua, there has been an exception for therapeutic reasons if three doctors agreed that there was a risk to the woman’s life. In 2006, with support of Sandinista Daniel Ortega (who later became president), the law was amended to criminalize abortion even if the woman’s life is in danger. A woman who obtains an abortion faces up to 4 years in prison. During the new law’s ﬁrst 11 months, there were 82 documented deaths of women who had had illegal abortions. Although the health ministry issued protocols that doctors should respond to obstetric emergencies, including post-abortion care, many doctors and other health officials are frightened to administer such aid for fear of being prosecuted. Punishment for medical personnel who perform an abortion is 5 to 10 years in prison.

Prostitution is not illegal, but its promotion is banned, as is human trafficking, which carries a prison sentence of 4 to 10 years. Nicaragua is a source country for trafficking of women and children for sexual exploitation. In 1999, a National Forum against the Sexual and Commercial Exploitation of Children and Adolescents was established to publicly ﬁght for children’s rights. Violence against children is a signiﬁcant problem, with one of ﬁve boys and one of three girls being a sexual abuse victim. Ten percent of those victims are younger than 13 years old. Several public forums on child exploitation and human trafficking were held, and anti-trafficking publications were publicly distributed. Abandoning a minor child 7 years old or younger can result in 3 to 5 months’ conﬁnement. If the child dies as a consequence of abandonment, the sentence is 5 to 10 years in prison. People convicted of participating in a duel face 1 to 6 months’ conﬁnement if there are no injuries. If there is an injury, the punishment is 6 months to a year. Sexual assault and abuse, which includes marital rape, is punishable by 2 to 15 years’ imprisonment depending on the type of assault. If the sexual assault is aggravated, 10 years is added to the proscribed sentence. False imprisonment for up to 8 days is punishable with 1 to 6 months’ conﬁnement plus a ﬁne. If there is violence, coercion, or withholding of food, the sentence is 2 to 5 years. Kidnapping with violence, coercion, or withholding of food brings a 4- to 7-year sentence. Sequestering or kidnapping a woman or child under the age of 14 will add 1 to 2 years to the proscribed sentence. As for crimes against property, robbery sentences range from 9 months to 10 years depending on the value of the stolen property. If there is violence or intimidation during the robbery, the sentences range from 6 years for minor injuries to 30 years if the victim dies. Extortion carries a sentence of 2 months to 2 years, and identity theft/swindling and defrauding are punishable from 6 months to 6 years depending on the value lost. Arson and other destruction carry sentences of 3 to 8 years if there are no injuries and 10 to 21 years if a death occurs. If the destruction is to residential property, the sentence is doubled but cannot exceed 30 years.

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Nicaragua

There are also crimes against business interests, including defrauding creditors, usury, and crimes against the national economy, with sentences that range from 6 months to 10 years. Crimes against public transportation range from 9 months for causing deterioration to 6 years for causing an accident. Punishments for crimes against public health range from 3 to 10 years. If injuries or death occur, the sentence is increased to 4 to 12 years for injuries and 10 to 21 years if a death occurs.

Criminal Responsibility A person is exempt from criminal responsibility if any of the following are present: mental illness or serious alteration of consciousness with the inability to appreciate or determine the criminal nature of the act; 10 years old or younger; over 10 years old, but less than 15 years old if the act was without knowledge and intelligence; and acts in self-defense or defense of another person. The code also allows for mitigating circumstances of criminal responsibility and aggravating circumstances of criminal responsibility. Under the 1998 Law of the Child and Family, the Attorney General’s Office investigates crimes committed by and against juveniles.

Incidence of Crime Although Nicaragua is relatively safe, violent crime is increasing in the cities, with street crimes somewhat common. There is some gang activity, including robbery, assault, and stabbings, in poorer neighborhoods. According to the national police statistics, 108,930 crimes were committed in 2004. The crime rate increased from 1,731 crimes per 100,000 population in 2003 to 1,934 per 100,000 population in 2004. This was an increase of 19 percent from the previous year and 25 percent from 2000. Half of those crimes were property crimes, and 36 percent were crimes against individuals. Seventy-two percent of crimes against people were assaults, 4 percent were rapes, and 1.65 percent were homicides. Thirty percent of the property crimes were thefts, and 26 percent of property crimes were aggravated thefts, 10 percent of property crimes were robberies and violent thefts, and 4 percent of property crimes were fraud.

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Despite the increase in overall crime, murders declined by 4.5 percent from 2000 to 2002. In 2002, there were 554 murders, which is a rate of 9.7 per 100,000 population. For forcible rape, the rate was 25.23, and the assault rate was 452.2. The overall rate for crimes against individuals was 627.48. The property crime rate was 880.91; aggravated theft rate was 227.56; theft with intimidation was 80.89; robbery and violent theft rate was 85.72; and fraud rate was 39.41. There is a growing narcotics problem, especially the availability and use of cocaine. It is estimated that 0.9 percent of the population of ages 12 through 65 had consumed cocaine in 2006, and 1.1 percent had used cannabis during the same year. The larger problem, however, is drug trafficking. Because of Nicaragua’s open access to the Atlantic and Paciﬁc Oceans and the Pan American Highway, transnational drug trafficking syndicates have taken advantage of these infrastructures to transport illicit substances and illegal proceeds through the country via land, air, and maritime routes, which has effectively turned Nicaragua into a major transshipment nexus for South American cocaine and heroin heading for North America. A large quantity of narcotics is shipped by boat via Blueﬁelds, Puerto Cabezas, and the Corn Islands regions. Lack of resources and technical capabilities and corruption in law enforcement agencies notwithstanding, cooperation between the judiciary and military intelligence groups yielded a signiﬁcant growth in drug seizures and dismantlement of criminal groups in recent years. In 2008, the government of Nicaragua conﬁscated nearly 19.5 metric tons of cocaine and also conducted the ﬁrst seizure of pseudoephedrine, a chemical precursor for the manufacturing of methamphetamine, in the country.

Finding of Guilt Criminal Process The criminal process begins with the arrest by police. In 1979, a professional national police force replaced the National Guard. The national police force, under the control of the Ministry of Government, is responsible for internal security, but it shares this responsibility in rural areas with the army.

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The law prohibits arbitrary arrest and detention. Police must obtain a judicial warrant before detaining a suspect, and a prosecutor is required to accompany the police when the arrest is made. The police must then notify the detainee’s family members within 24 hours of the arrest. The suspect can be held for a maximum of 48 hours so that the police can collect evidence prior to bringing the detainee before a judge. The judge then orders the accused released or transferred to jail. After the ﬁrst 48 hours, the suspect has the right to bail, legal representation, and visits from family members. Because the laws regulating police practices have changed dramatically, actual police procedures often conﬂict with current law. Although the Constitution criminalizes torture, there is credible evidence that the police continue to beat and physically mistreat arrestees, often to obtain a confession. Further, the national police statistics indicated that approximately 21 percent of prisoners had not yet been convicted in 2006, compared with 16 percent in 2005. After the initial arrest, the criminal process shifts into the judicial system, which has its roots in the continental European civil law tradition. The 1998 Organic Law of Judicial Power and its reforms regulate the judicial system. Justice administration guarantees the principles of equality, legality, and protection of human rights. In December 2002, a new criminal procedure code was adopted. The former written, inquisitorial system was replaced with a more oral, public, adversarial model. Under the former inquisitorial system, the local court judge reviewed all the relevant evidence in the case and amassed a written record. After a thorough investigation was conducted, the judge made a determination as to whether a crime was committed and whether the defendant was the offender. If those determinations were made, the case went to trial, where the prosecutor and defense attorney presented written evidence prior to the judge determining guilt or innocence of the accused. The new adversarial process relies on prosecutors instead of judges and magistrates to ﬁle charges. The preliminary investigative stage is initiated either by a formal complaint from the victim or by the prosecutor’s order. The investigatory phase ends

with the charges being withdrawn, the charges being dropped for lack of evidence (temporarily or permanently), a decision not to prosecute, or formal charges being brought before the court. There are then pretrial proceedings to determine whether a trial is needed. A preliminary hearing must be held within 10 days to determine whether the case will go to trial or be dismissed. Following the pretrial stage is a public trial, and the defendant is presumed innocent until proven guilty. He or she has the right to a jury trial with 12 jurors, the right to a lawyer, and the right to confront and question witnesses. The judge presides while the attorneys present oral arguments to a jury. Although jury trials have been restored, the jury system has not proven effective, partly because prospective jurors evade jury duty, thus delaying trials. If convicted, defendants have the right to appeal. Finally, the sentencing takes place. If the defendant is unable to afford a lawyer, one will be appointed by the court free of charge. Prior to the 1998 Organic Law of Judicial Power, the presiding judge also appointed attorneys to represent indigent defendants pro bono, but many attorneys were able to pay a small ﬁne instead of representing these clients. In 1999, a Public Defender’s Office, which represents 70 percent of all defendants, was created to represent defendants who do not have the economic resources to hire private counsel. There are a total of 92 public defenders (13 in Managua), 61 percent of whom are women. In 2006, 6,883 defendants were represented, which was more than double the number represented two years earlier. The law allows the Public Defender’s Office to intervene at the request of any person, including the defendant, family member, friend, acquaintance, or any other person or official. However, the earlier system remains in effect in areas that do not have public defenders. Although the new system allows the accused enhanced access to the process, this radically different process may result in longer trial delays as the judicial system adjusts. Among the problems are staffing shortfalls for public defenders and prosecutors, who play a leading role in trials under the new system.

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Nicaragua

The standard for admissibility of evidence at trial is undergoing a transition in Nicaragua. Traditionally, the appraisal system was used. This system gave a speciﬁc value to each type of evidence. For example, documentary evidence was more valuable than testamentary evidence. In 1982, Nicaragua adopted the sana critica standard. Gradually, the criminal justice system is moving toward this evidentiary system, under which the judge uses logic to determine admissibility of evidence. Hearsay evidence is allowed as long as four responsible witnesses testify to the hearsay. Unlike common-law evidentiary rules that make predetermined judgments about which classes of evidence are not admissible, the sana critica standard permits the judge to make exclusionary decisions on a case-by-case basis. Although some illegally obtained evidence can be admitted into evidence, letters, documents, and other private papers seized illegally are not admissible. As the judicial process transforms, these evidentiary rules may change.

Alternative Dispute Resolution Nicaraguan law provides for three forms of alternative dispute resolution (ADR): negotiation, mediation, and arbitration. Under the 2002 code of criminal procedure, alternative dispute resolution is available for certain victims after the defendant has admitted guilt. ADR can provide mediation, the withdrawal of charges, a plea, a shortened procedure, and a stay of proceedings. However, mediation is limited to cases of negligence, misdemeanors, petty crimes, and breaking and entering.

Recourse of Amparu The system of amparo has its roots in the law of colonial Spain and was transported to Latin America in the 19th century. Traditionally, there are three interpretations of the meaning of amparo. Amparo is used as a remedy or means of challenging judicial decisions and to designate a type of injunction, which was usually used to protect real property rights. In addition, amparo is a procedural instrument for securing individual rights. This function, which comes from the complaint

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hearings of Aragon, was directly applied to the Spanish colonies, where amparo has been broadly expanded. The Constitution of 1950, the Regulatory Statute of 1950, and the Constitution of 1974 provided relief against all violations of fundamental individual rights by acts of authorities. The rights of personal liberty, habeas corpus, and challenge to unconstitutional statutes were all included in Nicaragua’s amparo. After the Sandinista Revolution, amparo was incorporated into the Fundamental Statute of the Republic of Nicaragua, the Statute on the Rights and Guarantees of Nicaraguans, and the 1987 Constitution. Amparo is relief, through judicial decision, against all acts of authorities affecting the fundamental rights of individuals, including the right of personal freedom. The goal of amparo is to maintain the effectiveness of rights and guarantees that are formally guaranteed in the Constitution. It is used when a person is detained or threatened with detention by an authority, when detained by an individual, and when not detained, but a sentence of imprisonment has been set. When a person is detained or threatened with detention by an authority, any citizen or resident of Nicaragua can appear before a court of appeals and petition for amparo for the detainee. The petition can be formally written, oral, by telegram, or by letter. The court then decides the facts, which include the name and official position of the detainer and the location of the detainee. If the petition for amparo is denied, it can be appealed to the Supreme Court of Justice. If it is granted, the court then prepares a Decree of Exhibition, which names an executor judge to investigate the facts. The executor judge can be any citizen but is usually a lawyer. He or she goes to the accused authority, who must answer immediately. The executor judge orders the authority to present the detainee and any documents or actions taken by the authority. There are several situations that may occur. The authority can say that the detainee is not under his or her charge. If the whereabouts of the detainee are unknown, the court orders the attorney general to investigate to determine his or her

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whereabouts. If the person is being detained by the police, he or she must appear before the police judge within 24 hours. The police judge then has seven days to investigate and go to the attorney general, who determines whether a case exists against the detainee. If the person is being detained by a criminal court judge, that judge has 10 days to go forward or to dismiss the case. If more than 10 days have passed, the executor judge can order the liberty of the detainee. If the judge does not obey, he or she can be tried for contempt of court. The executor judge makes a decision on the basis of what is found during the investigation. He or she then presents the ﬁndings to the court, which makes the ﬁnal determination. The court usually accepts the ﬁndings of the executor judge as true and rules on that basis. Under the new Nicaraguan Constitution, amparo used for individual freedom cannot be restricted during a state of emergency, except for crimes against the national security.

Punishment As of July 11, 2006, the country had 6,139 prisoners in its nine prisons and jails, which was an incarceration rate of 108 inmates per 100,000 inhabitants. This compares to 3,692 prisoners (including pretrial detainees) in 1996, a rate of 80 per 100,000 inhabitants, and 5,610 prisoners (including pretrial detainees) in 2001, or a rate of 98 per 100,000 inhabitants. Prison conditions are harsh. According to the government’s National Penitentiary System, the prison system is severely underfunded and understaffed. Prisons are overcrowded and lack adequate medical supplies and medical specialists. Forty-nine percent of prisoners sleep on concrete beds or mattresses directly on the ﬂoor. The quality of prison food remains poor, and malnutrition is a problem in police holding cells and local jails. As a result, many prisoners must rely on food, medicine, and medical

Alleged members of the Sinaloa drug cartel are transferred back to jail after appearing in court in Tipitapa, 18 miles north of Managua, Nicaragua, June 29, 2007. (AP Photo/Esteban Felix) © 2011 ABC-Clio. All Rights Reserved.

Panama

attention from visitors, religious groups, and charitable organizations. The Blueﬁelds prison, described as obsolete, deplorable, and inhumane by the general director of the prison system, has only four toilets and two showers for more than 100 prisoners in a prison built for 40 prisoners. Occasionally, prison authorities release prisoners if they can no longer feed them. Many of the jails and holding cells have deteriorated infrastructure, inadequate electric and sewage systems, and lack of potable water. Holding cells are often poorly ventilated, unhygienic, and overcrowded. Women make up 3.8 percent of the prison population. There are two all-female prisons. In addition to the women’s prison in Managua, a women’s prison opened for 60 prisoners in Estelí in March 2008. Elsewhere, women are guarded by female custodians in separate wings of male prisons. The women’s prison system and the Public Defender’s Office work together to ensure proper functioning of the women’s prisons.

Juvenile Inmates The juvenile prison population has been declining. The percent of prisoners who were juveniles between the ages of 15 and 18 declined from about 4 percent in 1999 to 2 percent in 2007. Although juveniles are usually held in separate wings from adult prisoners, a small detention facility for juveniles recently opened. It employs a psychologist, a social worker, and a sociologist. According to a recent survey by the Human Rights Ombudsman’s Office, the police did not inform more than 21 percent of the juveniles the reason for their detention at the time of their arrest, mistreated 47 percent of the juveniles, and held 48 percent of the detained juveniles for more than three days or more before seeing a judge. Half of the juveniles surveyed were not aware that they had been assigned a defense attorney, and 24 percent were incarcerated with adults. Jo-Ann Della Giustina Further Reading Blandino, Magda. (n.d.). Guide to Legal Research in Nicaragua. New York University Law Global

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Web site: http://www.nyulawglobal.org/globalex/ Nicaragua.htm. Justice Studies Center of the Americas. Report of Justice: Nicaragua. CEJA Web site: http:// www.cejamericas.org/reporte/muestra_pais. php?idioma=I NGLES&pais=NICARAGU&ti preport=REPORTE2&seccion=TASADELI. Maclure, Richard, and Melvin Sotelo. (2004). “Youth Gangs in Nicaragua: Gang Membership as Structured Individualization.” Journal of Youth Studies 7: 417–432. Rocha, Jose Luis. (2007) “Mapping the Labyrinth from Within: The Political Economy of Nicaraguan Youth Policy concerning Violence.” Bulletin of Latin American Research 26: 533–549.

Panama Legal System: Civil Murder: High Burglary: Medium Corruption: Medium Human Trafficking: Medium Prison Rate: High Death Penalty: No Corporal Punishment: No

Background The Republic of Panama is located in Central America, bordered by Colombia, Costa Rica, the Caribbean Sea, and the Paciﬁc Ocean. With a unitary, republican, and democratic form of government, the country is organized into 9 provinces that are further subdivided into 75 municipalities, 3 indigenous territories, and 620 townships. Panama is an isthmus that has a total area of 78,200 square kilometers. In 2009, it had a population of 3.4 million inhabitants and a life expectancy of 74 years for men and 80.2 for women. Mestizos of mixed African, Amerindian, and European ancestry represent the largest ethnic group (70 percent), followed by West Indians (14 percent), Caucasians (10 percent), and

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Amerindians (6 percent). Whereas Spanish is the official and dominant language, English is widely spoken by the West Indians and by many members of the upper middle class. Nearly 84 percent of the population profess the Roman Catholic faith. The urbanization rate is as high as 73 percent, with more than half the population living in the Panama CityColon metropolitan region. About 32 percent of Panamanians live in poverty, and 6.3 percent of the labor force was unemployed in 2003. The literacy rate surpasses 90 percent. Six-year primary education is mandated for all children.

History The ﬁrst indigenous residents of Panama were the Cuevas and the Coclé Amerindians. Unlike the empires of the Incas or the Mayan city-states, the Cuevas and the Coclé never organized themselves above the level of villages, which were headed by autocratic chieftains assisted by councils of elders. But these earliest tribes were destroyed by disease and ﬁghting when the Spanish arrived in the 1500s. Panama ﬁrst became known to Europeans in 1501 when Rodrigo de Bastidas landed there, but it was explored and settled by Christopher Columbus in 1502. In an expedition led by de Bastidas, Vasco Nunez de Balboa crossed the Central American isthmus and became the ﬁrst European to see the Paciﬁc Ocean. Panama was quickly transformed into the traffic circle and bazaar of Spain’s empire in the New World. Precious metals from South America were shipped to Panama City, transported across the isthmus, and loaded aboard ships for Spain. The isthmus remained under the Spanish imperial rule for three hundred years (1538–1821). Panama declared its independence from Spain in 1821 and joined the Great Colombia—a confederation composed of Colombia, Venezuela, Ecuador, and Panama. A presidential decree of 1825 provided that Spanish laws in force in the colonies up to 1808 would be a supplementary source of jurisprudence to the Colombian laws enacted by autocratic executive and subordinate legislatures in Bogota. The isthmus tried several times to secede from the union but failed in most of these attempts. A brief

independence was achieved between 1863 and 1885 when Panama declared itself the Sovereign State of the Isthmus, enacted a separate constitution, and elected its own assembly. The assembly audaciously replaced Spanish laws with an autonomous set of civil and administrative codes, which later inspired other Colombian states to follow suit. The use of the Spanish legal instruments did not end until the 1873 enactment of the national Colombian Civil Code, which ﬁnally abrogated the Spanish law along with all previously promulgated codes. The Panamanians’ aspiration to become an independent state was fulﬁlled by geographic destiny. A trans-isthmian canal had captivated public imagination since the beginning of Spanish colonization. Between 1880 and 1890, Ferdinand de Lesseps tried and failed to construct a sea-level canal on the site of the present Panama Canal. But the ambition of the French developer was inherited by the United States, which in 1903 prompted the independence of Panama and in 1904 forced the Hay/Bunau-Varilla Treaty on the newly formed republic. The bilateral accord gave de facto sovereign rights to the United States in a zone roughly 10 miles wide and 50 miles long, where a canal would eventually be built and administered by the United States in perpetuity. A common-law area subsisted in the Panama Canal Zone: courts within the zone applied U.S. federal laws until new treaties between the two countries abolished these practices in 1979. Between 1903 and 1968, Panama developed a constitutional democracy led by an oligarchy with strong business ties. The constitutions of 1941 and 1946 guaranteed universal social rights and created the explicit duties of the welfare state; these constitutional mandates were subsequently realized by the passing of the Labor and a Health Code as well as the enactment of a progressive tax code. Beginning in the 1950s, the Panamanian military began to revolt against the hegemony of the political establishment, and in 1968, the National Guard succeeded in removing the popular President Arnulfo Arias Madrid from power after numerous attempts. The commander of the National Guard, General Omar Torrijos, immediately formed a military government to replace the civilian regime. Torrijos

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suspended most constitutionally guaranteed freedoms, abrogated all political parties, and ﬁred most judicial civil servants. Through the new constitution in 1972, he created a single-party legislature and granted the head of the National Guard the exclusive authority to name cabinet ministers and Supreme Court justices. Although Torrijos’s rule was ruthless and corrupt, his magnetic personality, populist social programs, and nationalist stance against the United States secured broad public support for his regime. Torrijos’s death in 1981 changed the facade but not the essence of Panama’s political life. The 1983 constitutional reform, which abolished the most dictatorial clauses of the previous constitutional reform, continued to proscribe a dominant role for Panama Defense Forces in the political life of the country. By this time, General Manuel Noriega had emerged as the undisputed strongman in ﬁrm control of all state institutions. Noriega was not capable of maintaining a broad support base and suffered a devastating defeat in the presidential elections of May 1989, in which Panamanian voters overwhelmingly supported the opposition leader Guillermo Endara. Noriega swiftly annulled the outcome of the election and launched a new round of repression against dissenters. In December 1989, the U.S. military directly intervened in Panama to remove Noriega from power and to restore democratic institutions. The Electoral Tribunal quickly reinstated the results of the May 1989 election, and Endara was inaugurated as the new president in December 1989. Endara created a new police force entrusted with the mission of conducting law enforcement under the principles of democracy and the rule of law. Whereas visible improvement in human rights was achieved by this criminal justice reform, much less satisfactory was its impact on crime control. Subsequent administrations of Ernesto Perez Balladares and Mireya Moscoso were marred by allegations of widespread corruption, and in 2004, Martin Torrijos, son of the former military dictator, won the presidency on a platform of a zero tolerance for corruption. New anticorruption legislation was passed to improve the transparency of government,

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and a National Anti-Corruption Council integrating ranking officials and civic ﬁgures was formed. The number of political appointees decreased, and the percentage of technocrats increased in Torrijos’s government. Despite these systemic efforts, corruption remains a severe problem in the Panamanian political life.

Government Panama is a representative democracy with three branches of government: executive and legislative branches elected by direct vote for ﬁve-year terms and an independently appointed judiciary. Presidential and legislative elections are universal and mandatory for all citizens 18 years and older. Presidential elections do not require a simple majority, and Panama’s last three presidents were elected with the support of only 30 to 40 percent of voters. Weak popular mandates have seriously undermined government effectiveness. The president is both head of state and head of government and appoints cabinet ministers and the directors of several regulatory entities at his or her discretion. Since the fall of Noriega, and the end of the 21-year military dictatorship, Panama has successfully completed four peaceful transfers of power to opposing political factions. Several executive bodies play an important role in the administration of criminal justice, including the Ministry of Government and Justice manages the Public Force, which is responsible for national defense and public safety, and the Directorate of Corrections, which administers all penitentiaries and penal issues. The legislative branch consists of a 74-member unicameral National Assembly. It enacts laws and hears cases during impeachment proceedings. Although Panama’s political arena is dominated by two major parties, the National Assembly is elected by proportional representation in ﬁxed electoral districts, which allows the representation of many smaller parties, many of which are propelled by personal charisma of their leaders more than political beliefs or ideals. The judicial power is headed by a nine-member Supreme Court and covers all district tribunals and

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municipal courts. Supreme Court justices jointly arbitrate constitutional litigations; groups of three justices form four chambers: Civil, Criminal, Contentious-Administrative, and General Affairs. The Supreme Court is also responsible for constitutional review of legislations and policies: With the presence of the national attorney general or the solicitor general, the plenary hears and rules on the constitutionality of the form and/or substance of decrees, laws, resolutions, agreements, and other acts that are brought before the court by any citizen or citizen group. Decisions or rulings by the court cannot be appealed. The nine justices are appointed by the consensus of the cabinet and conﬁrmed by the National Assembly. Justices serve for 10 years and elect their president every two years. There are currently also ﬁve Chamber secretaries, 12 administrative offices, an Internal Auditing Service, and a Judicial and Informatics Academy. An autonomous Electoral Tribunal supervises voter registration, the election process, and the activities of political parties. The rest of the judicial branch is composed of superior courts, with 38 judges and 10 court secretaries distributed at the district level, the circuit courts and municipal courts, and the public defender’s offices in each province.

Crime Classification of Crimes The criminal code of the Republic of Panama classiﬁes breach of public order, harm to public security, violation of public trust, indecency, injury of person, and damage of property as felonies (delitos) or misdemeanors (faltas), depending on the seriousness of the offense. Despite the clear differentiation deﬁned between felonious and misdemeanor offenses, the handling of convicted offenders allows great ﬂexibility. Punishments also are applied on convicted offenders according to the seriousness of the crime, but in virtually all cases, the code ascertains maximum and minimum sentences within which a judge exercises his or her discretion to dispense a punishment that ﬁts the crime. In assaults against state agents, much harsher sentences are made available.

Crime Statistics In 2006, Panama recorded a national average of 11.04 homicides per 100,000 population, according to the United Office of Drugs and Crime 2005–2006 survey. Violence in Panama is mainly an urban problem with large cities suffering a homicide rate (29.90 per 100,000) nearly three times as high as the national average. Yet the most alarming development in Panama’s public safety is the recently observed steep upward trend in most crime categories. Between 2001 and 2005, the overall crime rate increased by 83.85 percent; excluding rape, whose dramatic growth in official statistics appeared to be driven by a steady change in victims’ reporting behavior, drug offenses and major theft reported the greatest jump during the ﬁve-year period, by 50.32 percent and 69.50 percent, respectively, according to the United Nations survey. The homicide rate remained stable, whereas dramatic drops were seen for robbery and major assaults. These longitudinal patterns suggest that there is a pressing need to ﬁnd effective strategies to curb the rise of drug-related and property offenses. As of 2006, the number of crimes per 100,000 population recorded by police were as follows: Drug Auto theft Major theft Robbery Rape Major assault Homicide

85.82 18.83 545.33 38.14 24.09 36.29 11.04

Drug Problem Panama functions as a major transit country in the global distribution of illicit drugs. Its strategic geographic location and developed port infrastructures facilitate transshipment of cocaine and heroin from the Andean countries to the United States and Europe. Criminal syndicates take advantage of Panama’s rapidly expanding international hub airport of Tocumen, the containerized seaports, the Pan-American Highway, numerous unguarded airﬁelds, and unprotected and exposed shorelines on both the Atlantic and the Paciﬁc to smuggle drugs

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and weapons, which has not shown signs of abatement. Drug trafficking is most out of control between the secluded and lawless Darien province and Colombia. The ﬂow of cocaine and heroin has contributed to increasing domestic drug abuse. About 0.2 percent of Panama’s adult population abuse opiates, including heroin, and 1.2 percent abuse cocaine, according to the United Nations Office on Drugs and Crime 2008 World Drug Report. Panama does not produce signiﬁcant amounts of drugs or precursor chemicals. Although only limited volumes of cannabis are cultivated locally, a staggering 4 percent of adult Panamanians consume cannabis. Other drugs that are being sold and used in the country include amphetamines (0.4 percent) and Ecstasy (0.6 percent). Although the recent Torrijos regime actively cooperated with the United States on security and law enforcement issues, its collaboration with regional neighbors in drug control was perceived as less vigorous. In 2007, Panamanian law enforcement seized 60 metric tons of cocaine—the largest conﬁscation of illicit drugs in recent history. Panama is a signatory of the 1988 United Nations Drug Convention, which entails the responsibility of criminalizing the possession of psychoactive substances and participating in the international regime of control.

Human Trafficking Panama is a source, transit, and destination country for women and children trafficked for the purpose of commercial sexual exploitation, according to the U.S. Department of State’s Trafficking in Persons Report 2008. Domestic demand for sex workers drives the ﬂow of modern slavery and involves most victims: Girls and boys are traded within the Panamanian territory into the sex trade. Other women are exported to Jamaica and Europe to cater strong demands for Panamanian prostitutes, whereas children and youths from rural areas may be trafficked internally to large cities and sold as very efficient labor. Colombian, Dominican, and other Central American victims are trafficked into Panama. Some Colombian women enter Panama with the intention to ﬁnd employment in Panama’s legalized sex

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industry through the country’s alternadora visa program. The alternadora visa legally permits foreign women to participate in and contribute to Panama’s booming sex economy. Nevertheless, some Colombian women who hold alternadora visas are deceived by criminal organizations as to the true nature of employment and later become victims of involuntary servitude and forced prostitution. Human suffering from sex and labor trafficking will not decline in Panama unless authorities intensify law enforcement efforts against major trafﬁckers and decide to terminate the alternadora visa program. More cross-border collaboration with Colombia and Central American neighbors will also be needed to strengthen assistance to and protection for foreign trafficking victims and to devise an effective empowerment strategy to prevent vulnerable women and at-risk youth from becoming new victims.

Finding of Guilt Criminal Procedure A gradual progression from the inquisitorial system to a mixed criminal procedure system with clear elements borrowed from the adversarial tradition is currently underway. The Panamanian procedural code supports a two-phase criminal adjudication process: the ﬁrst stage encompasses a summary proceedings stage for preliminary investigation, which is mainly written, and the second stage consists of an oral trial that is public or plenary. The preliminary investigation is initiated and conducted by prosecutors, who produce and submit a written report known as a vista ﬁscal at the end of their summary investigation. In the vista, the prosecutor may request an order to prosecute the accused or ask for a ﬁnal or conditional stay of proceedings, as appropriate. If the prosecutorial inquiry is complete and conclusive, the process advances to the intermediate stage, and the court proceeds to a decision on the merits of the case. At this point, and at no other time, the court may broaden the scope of the investigation. An indictment may follow the prosecutorial presentation of charges and their call to trial to signal the beginning of the criminal trial. During the

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indictment, the courts may also formally request the collection of speciﬁc evidence or testimony deemed essential to the legal battle. Trial hearings are oral and public; during these hearings, the judge is authorized to direct the debate and examine the parties involved. To conclude the trial, the judge will close the discussion and issue a formal statement. If the defendant is convicted, sentence is then handed down. Both the accused and the prosecutor have the right to appeal. A trial by jury is available to defendants in serious public safety cases such as those involving deaths caused by public hazards, or those involving deaths resulting from sabotaged transportation or communications systems. Juror service is compulsory and uncompensated. The defendant can waive the right to trial by jury.

Rights of the Accused The Panamanian Constitution provides that arrests must be carried out with a warrant issued by the appropriate authorities and that suspects are to be brought before a judge within 24 hours. In theory, defendants can be detained during the pretrial period for only an acceptable length of time, which is deﬁned as up to two months for the preliminary investigation and up to four months for the follow-up investigation phase, depending on the number of suspects. All defendants enjoy the right to appeal. These constitutional guarantees are generally safeguarded by the criminal justice system in practice, with the exception of pretrial detention. According to 2002 statistics, about 55 percent of the prison population was made up of pretrial detainees, and the average period of pretrial custody was 12 months. In fact, pretrial detention in excess of the maximum sentence for the alleged crime was common. Yet no complaints about systematic violation of human rights in the administration of justice have been made by major international watchdogs such as Amnesty International and Human Rights Watch in recent years, and Freedom House has ranked Panama as one of the Central American countries most successful in promoting

political freedoms and protecting civil rights among the citizenry. According to a 2006 Inter-American Development Bank survey, 46 percent of Panamanians believe that the justice system protects citizens’ rights but fails to punish criminals.

Juvenile Justice Youths under 18 years of age are considered juvenile and processed by separate juvenile courts. Juvenile offenders who are convicted by a court are cared for in a special system that provides protection and education and attempts to rehabilitate minors before they come of age. Institutionalization is seen as the intervention of the last resort, and the progress of institutionalized children is regularly reviewed by a juvenile judge. When juvenile offenders reach the age of majority at 18 years, the sentence imposed by the juvenile court is terminated. If they are to remain in detention for special reasons, they will be transferred to special institutions, still under the supervision of the juvenile justice system.

Punishment Types of Punishment Typically, sentences or sanctions for convicted offenses carry upper and lower limits in which the judiciary has discretion. However, regardless of prison sentence, labor is a requirement. With regard to punishment, the most severe penalty an individual may receive is a 20-year sentence. Neither capital punishment nor corporal punishment is utilized. Reclusion is a severe sanction in which the sentence may range from 30 days to 20 years, whereas the simple sentence, prision, ranges from 30 days to 18 years. Parole is determined based on the seriousness of the offense; offenders sentenced to reclusion are paroleeligible after serving approximately three quarters of the sentence. and prision offenders are eligible after serving two-thirds. Hence, both reclusion and prision are sentences received for felony offenses. Misdemeanor offenses may receive a sanction of arresto, in which the sentence is typically less than 18 months and may be served within a local holding

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facility. Offenders who commit offenses that do not require custodial detention include conﬁnamiento. With this sanction, the offender is limited in his or her physical movement. The offender may be required to remain in the place of residence and may also be required to stay away from the physical location in which the offense or offenses occurred. The length of conﬁnamiento is typically left to judicial discretion. Multas are sanctions that require some payment to the criminal justice or judicial system. Multas may be a single sanction, or it may be used in combination with reclusion, prision, or arresto. An offender may receive arresto for failure to pay multas. Within the Panamanian criminal court system, offenders who are deemed ﬁt to remain in the community may receive a sanction of condena condicional. Condena condicional is a suspended sentence in which an offender is allowed to remain in the community with certain, ﬁxed conditions. Typically, this sanction may be used for ﬁrst-time offenders. Additionally, offenders who commit serious felony offenses are generally not eligible for this sanction as a matter of public safety. Some conditions of condena condicional may include reporting changes in life situations to the court (change in address, marriage, employment); the offender may be required to visit the court, or criminal justice personnel may conduct site visits to monitor offender whereabouts and behavior. If an offender violates a condition of condena condicional, the suspended sentence may be imposed.

Prisons The modern Panamanian prison system was initiated in 1940 with the creation of the Directorate of Corrections. In 1942, Panama reorganized its prison management following recommendations by experts from the U.S. Federal Bureau of Prisons who were surveying prisons in the United States and elsewhere. The key new practice conceived in this encounter with American officials was the classiﬁcation of inmates by age, offense, gender, and mental health status and the matching of inmate proﬁles with institutional specializations of correctional facilities.

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Currently, each provincial capital has a prison where both pretrial detainees and sentenced offenders are housed. Oftentimes, hardened criminals are mixed with ﬁrst-time offenders, a practice that encourages abuse and undermines the goal of rehabilitation. Prisoners are afforded training and programming to better equip them to reenter into society to avoid recidivism. The prison system purports to reject physical and emotional abuse of prisoners. Female prisoners are housed separately from male prisoners. Female correctional facilities are typically operated by nuns with a focus on discipline and humaneness; they tend to deliver much better care and services than male facilities. Likewise, juveniles are housed separately from adults and provided with educational and counseling in segregated units or facilities to nurture their human capital and to ameliorate the effect of stigmatization. Between 2000 and 2006, Panama’s prison population grew by an average of 5 percent a year, according to the Justice Studies Center of the Americas. In total, the entire prison population increased by 37 percent during the six-year period. By 2006, Panamanian prisons were operating at 138 percent of their functional capacity. Women represented 6.8 percent of all inmates in 2006, and 41 percent of the entire population have been convicted of a crime,; the remaining 59 percent are awaiting sentencing. These ﬁgures suggest that the overstretched pretrial detention remains unsolved. Inmate populations as of 2006 were 10,849 males and 791 females. Traqina Emeka and Hung-En Sung Further Reading Meditz, Sandra, and Dennis M. Hanratty, eds. (1987). Panama: A Country Study. Washington, DC: GPO for the Library of Congress. Pearcy, Thomas L. (2006). The History of Central America. Westport, CT: Greenwood Press. Rico, J. M. (1979). “Crime and Criminal Justice in the Caribbean.” Revue Interrnationale de Criminologie et de Police Technique 32: 345–356.

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Paraguay Legal System: Civil Murder: High Burglary: High Corruption: High Human Trafficking: Medium Prison Rate: Medium Death Penalty: No Corporal Punishment: No

Background Paraguay, located in the interior of South America, is approximately 407,000 square kilometers, with a population of about 6 million people, 95 percent of whom self-identify as mestizo (Spanish and Native American) decent. This heritage makes Paraguay the most racially and culturally homogeneous state in Latin America. Guaraní, the language of the indigenous people, is more commonly spoken, but most governmental and business transactions are conducted in Spanish. The government itself is nominally democratic with elected officials serving in a system of divided powers. Paraguay has a long history of political problems exacerbated by despotic rulers, entrenched corruption, economic frailty, and complex international issues. In the modern era, Paraguay has sought to strengthen its global position through a series of alliances, both with immediate neighbors and throughout the hemisphere. Today, Paraguay is a member of the Tri-Border Area (TBA), along with its neighbors Argentina to the southwest and Brazil to the east (Cavallaro et al. 2003). Paraguay also holds membership in the United Nations (UN), the Organization of American States (OAS), and the Latin American Integration Association, and is a signatory of the 1947 Inter-American Treaty of Reciprocal Assistance (Rio Treaty) (Cavallaro et al. 2003). Paraguay is strongly shaped by its colonial legacy, but its human history extends much further than the Spanish Entrada. Guaraní-speaking indigenous tribes were the land’s earliest inhabitants. As a matter of fact, Guaraní remains the most widely used

language in Paraguay today, after Spanish. Unlike many of the other South American colonies, Paraguay had little gold or silver, making it less attractive to the Spanish Crown. From 1608 until their expulsion from the Spanish dominions in 1767, the Jesuits maintained an extensive establishment in the south and east of Paraguay. In 1811, Paraguay revolted against Spanish rule and became one of the ﬁrst independent states in Latin America. Paraguay has long been ruled by dictators, but none was more inﬂuential than General Alfredo Stroessner. Stroessner took control of Paraguay on May 4, 1954, when he deposed President Federico Chaves. Stroessner retained control until a 1989 military coup led by General Andres Rodriguez removed him from power. Given the brutal and secretive machinations of the Stroessner government, it is difficult to speak with much authority on the subject of criminal justice in Paraguay before 1990. As the following sections illustrate, matters have generally improved, but a number of major hurdles remain before the administration of justice in Paraguay can be characterized as broadly fair, humane, or modern. Moreover, in those cases where information is missing, it is often difficult to tell whether the gap exists because of benign neglect in reporting or willful opacity. Although one hopes that the bleak conditions of the Stroessner regime are a thing of the past, a 2003 assessment from the Paraguayan Attorney General’s Office is hardly encouraging. In their article appearing in the International Review of Penal Law, M. Rika and M. Miyamae state, “Values have been inverted. The honest is considered a fool and the majority of public servants wish to attain positions of direction to take advantage, not to serve citizenship” (p. 527), and they report the assistant attorney general’s observation that corruption is not only accepted by the public but expected: “A public servant that performs his functions honestly is generally an exception and is considered a fool by the majority of the citizens.”

Government and Court Structure The “highly centralized” Paraguayan government underwent fundamental change with the 1992

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adoption of a new constitution. Among the most signiﬁcant changes is a division of governmental powers between the concurrently elected bicameral Congress (80-member Chamber of Deputies and a 45-member Senate) and the office of the president. Members of Congress are elected through a system of proportional representation. The deputies are elected by individual department and the senators through national election. Each of the 17 departments is also headed by an elected governor. In general terms, the Paraguayan judiciary bears a strong resemblance to French and Argentine court systems. The highest judicial body in Paraguay is the ﬁve-member Supreme Court. This court has both appellate and original jurisdiction. In Paraguay, there are four appellate tribunals: civil/commercial, criminal, labor, and juvenile. The nation also has special courts for civil, criminal, and commercial cases. Many less serious cases may be resolved by a localized system of justices of the peace. There is also a military court system speciﬁc to the armed forces. Each district in Paraguay has a judge appointed by the central government. These courts are intended to function as lower courts of original jurisdiction. Federal judges and magistrates are appointed by the president for a ﬁve-year term. These terms coincide with the presidential term, such that the Supreme Court judges and lesser tribunals are always named by the sitting executive. All Supreme Court appointments are subject to the approval of the Council of State. As per the 1992 Constitution, selection of judges is done by an independent body working with both the Congress and the executive branches. The U.S. Agency for International Development (USAID) reports that substantial efforts are being made to combat corruption throughout the Paraguayan government. With particular regard to the judiciary, the USAID notes, “A Judicial Code of Ethics was approved and is being implemented by the Supreme Court. Selection criteria, exams and a computerized registry for judges, prosecutors and public defenders have been developed and are also being implemented.” Lending an internal perspective to the reforms, the assistant attorney general concludes, “It is possible to say that many mistakes

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have been made, but in global analysis, results are quite positive and encouraging” according to the Rika and Miyamae report. According to the Organization of American States Commission on Human Rights report on Paraguay (2001), among the promising changes is the legislative change from an “inquisitorial” criminal procedure, wherein the judge sought evidence and issued rulings on it, to the current “accusatory” process, in which the Public Ministry is assigned the function of collecting the evidence and formulating the indictment, and the judge is limited to judging.

Crime Crime Statistics As an extension of the difficulties noted previously, reliable crime statistics are extremely difficult to obtain for Paraguay because police agencies did not compile comprehensive statistics during the Stroessner regime. Despite the fact that Paraguayan justice agencies are now beginning to collect data, there is still no coordinated data collection system in place. As such, the best available information about crime in the region comes from international nongovernmental initiatives such as the Pan American Health Organization (PAHO) and the International Crime Victim Survey (ICVS). Homicide rates are considered by many to be the best available proxy for violence in a country. Murders are typically the most reported crimes, and as such, they can provide the most reliable measure of violence. The homicide rate in Paraguay has seen a modest increase since 1996, though 2006 did see a substantial drop in the police rate and the total number of reported homicides (13.7 compared to a high of 19.4 in 2004). The ICVS can be considered another relatively reliable measure of crime statistics. The United Nations has collected data continuously since 1989, and more than 80 countries have taken part in the survey. It should be noted, however, that these victimization rates are for major cities of the country, not for the country overall. Paraguay ranks the highest in burglary rates, with 8.2 percent of those surveyed reporting their victimization. Car thefts and thefts from

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vehicles were low at 2 percent 8 eight percent, respectively. Rates of robbery in Paraguay were 6.7 percent, sexual assault was relatively low at 2.7 percent, assault with force was the lowest at 1.1 percent, and assault without force was also low at 2.0 percent. Although published statistics are difficult to obtain for Paraguay, reported and resolved crimes were published in the Reporte sobre la Justicia en las Américas 2004–2005. The raw numbers for select crimes reported in 2002 show that breaking and entering makes up the single largest category of reported crimes, with 1,977 reported. The reported number of murders (890) is substantially lower than the number estimated by PAHO (1,198). This helps to underscore the difficulty in obtaining reliable information. Differences in the homicide rate notwithstanding, the raw data reveal approximately 655 reported vehicular homicides, 289 reported rapes, 10 abductions, 175 assaults, and 1,612 reports of persons causing intentional harm. Though a relatively infrequent occurrence, abduction/kidnapping is perceived by many, both within Paraguay and outside of the country, to be a signiﬁcant problem. One high-proﬁle 2005 case involved the kidnapping and murder of Cecilia Cubas, daughter of former Paraguayan president Raul Cubas. Public outcry from the case was so strong that Congress increased the penalty for kidnapping to a maximum of 30 years. According to a report published in ABC, a Paraguayan newspaper, recently the governments of Switzerland and Italy warned their citizens against traveling to Paraguay, in part because of kidnapping fears. The U.S. State Department has recognized the increase in kidnapping incidents, but the Bureau of Consular Affairs maintains that kidnapping targets are primarily wealthy members of the Paraguayan business community and their families.

Finding of Guilt Criminal Procedure The criminal adjudication process begins with the prosecutorial preliminary investigation in which it is determined whether there exists sufficient evidence to press charges against a suspect and to put

the person on trial. The investigation may be triggered by a complaint by a citizen to the police or prosecutor, or by a complaint made directly by the victim before the supervisory judge ( juez penal de garantías). The national police and the judicial police serve as the collaborators of the Public Prosecutor’s Office, and the national police work closely in this stage of the criminal process. Next, the supervisory judge examines the substance and legality of the investigative procedures in an oral and public hearing. At this stage, the processing of the case may end in a withdrawal of charge, plea bargain, conditional stay of proceedings, protective measures, or dismissal of charges. The trial is oral and public and encompasses preparation, corroboration and deliberation, and sentencing. The trial judge decides on the outcome by ruling on the innocence or guilt of the defendant and the sentence to be applied. The accused has the right to challenge and appeal the ruling. The courts enforce the sentence through criminal enforcement judges ( jueces penales de ejecución) who have the responsibility of ensuring the execution of the sentences as well as the protection of the constitutional rights of the sentenced offender.

Guarantee of Rights and Criminal Process Article 17 of the Paraguayan Constitution clearly delineates a number of procedural rights afforded to all individuals involved in processes where criminal sanction is possible. Among the statutory guarantees are the following: the right to be presumed innocent, the right to a public trial, protection against double jeopardy, the right to have counsel, the right to a public defender for indigent defendants, the right to notiﬁcation of charges, the right to review evidence, and the right to indemniﬁcation in the case of governmental errors. That said, those things that are codiﬁed and those that are practiced appear to markedly diverge. Cavallaro and his co-researchers cite a particularly telling observation made by Paraguayan Attorney General Ruben Candia: “The presumption of innocence has been imported into Paraguay like some small Chinese shoes that have been put on our big feet, which obviously do not ﬁt. This model was

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imported and ‘forced’ upon us . . . [it] does not ﬁt our conduct and culture.” The Paraguayan Constitution also provides protections against cruel and degrading punishments (e.g., torture). Here, too, there appears to be a strong disconnect between the theoretical and the practical construction of justice. According to the U.S. Department of State, several citizens have been killed needlessly either in the midst of a police action or while in police custody. The U.S. Department of State outlined two such examples in its 2007 Human Rights Report for Paraguay. In the ﬁrst of these, police allegedly killed six suspected kidnappers during a police raid in Minga Guazu, Alto Parana Department. The second speaks to a more generalized corruption and abuse of power: “Members of the National Commission for Citizen Security (CONASEG), which coordinates the public security efforts of government ministries, agencies, and civil groups, have been accused of killings, robberies, assaults, and protecting traffickers. Several members were under investigation . . . none had been prosecuted by year’s end.” These reports strongly echo the sentiments of Paraguay’s Attorney General Candia that many so-called foreign ideas about criminal justice simply do not mesh with Paraguayan sensibilities. As if the preceding account of judicial problems were not sufficiently grim, the Paraguayan court system is also notoriously overburdened. In an effort to relieve the congestion, the judicial branch established a special Mediation Office that aids parties in settling their case outside of court (Reporte sobre la Justicia en las Américas 2004–2005). The Mediation Office employs six professional mediators and nine private mediators, as well as a coordinator and an assistant coordinator (Reporte sobre la Justicia en las Américas 2004–2005). To date, it is unknown whether mediation is widely used as an alternative to court because the program is still in its infancy.

National Police As of 2005, Paraguay’s national police force had a total of 13,567 officers, or 223.5 per 100,000 inhabitants (Reporte sobre la Justicia en las Américas 2004–2005). The police are organized under the

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police command (comando), which is responsible for supervision, planning, coordination, oversight, and resource allocation; general departments (direcciones generales), and departments (direcciones). The comandante de la policía nacional is appointed by the president and has the rank of general commissioner (comisario general comandante). The national police force is composed of four general departments, including the Department of Order and Security, the Department of Police Institutes and Training, the Department of Logistics, and the Department of Police Services (Reporte sobre la Justicia en las Américas 2004–2005). According to a report by the Policía Nacional del Paraguay, Paraguayan police officers undergo formal training at the national police academy, the Instituto Superior de Educación Policial (ISEPOL). Unlike at the police academies in the United States, students of the ISEPOL may participate in a variety of curricular tracks leading to both undergraduate and advanced degrees. Programs vary in length from one to three years. The role of the national police in Paraguay has changed considerably with the newly revised criminal code. The police no longer have the sole authority to conduct criminal investigations. That duty has been assigned instead to prosecutors, with the police serving a largely ancillary role. Given that the police function as an autonomous agency apart from their investigative functions, this new restructuring has caused some obvious strain between the police and prosecutors. Enmity with the prosecutors aside, the police in Paraguay face measurable challenges. Chief among these are a steadily declining public conﬁdence combined with a public reluctance to enlist their help and an outright fear of the police. Beyond these concerns, the police at an organizational level appear plagued with numerous implacable problems. As documented by multiple sources, including the U.S. Department of State Country Reports on Human Rights Practices, the police in Paraguay have a long-standing tradition of brutality and excess that exists in the context of an organizational culture that is resistant, if not impervious, to change.

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Despite signiﬁcant changes in Paraguayan laws and leadership, the U.S. Department of State Country Reports on Human Rights Practices document the ongoing police practice of using torture for the purposes of extracting confessions, punishing escapes, and general intimidation. During visits to multiple police departments throughout Paraguay, the special rapporteur on torture and other cruel, inhumane, and degrading treatment or punishment from the United Nations notes that torture is still widely practiced by the police, particularly when an individual is ﬁrst taken into police custody. The special rapporteur recounts that police in Ciudad del Este use a variety of torture techniques. including “beating, stripping detainees naked, placing plastic bags over their heads and squeezing their testicles.”

Punishment Types of Punishment According the Library of Congress country study of Paraguay, various punishments are available for criminal offenses, including incarceration, conﬁscation of property and land, exile, and disqualiﬁcation. Inmates are incarcerated in jails or prisons, depending on the level of their infraction, and those inmates serving terms in jails often perform involuntary labor as part of their sentence. Disqualiﬁcation can entail the loss of public office or involve the stripping of some rights of citizenship, such as the right to vote or receive pension beneﬁts. The death penalty was abolished in 1967, and according to the advocacy group Global Initiative to End All Corporal Punishment of Children, corporal punishment is prohibited by law both as a criminal punishment and as a sanction inside prisons. All this said, one is again confronted with the fact that those things mandated by law and those things that actually occur are routinely, often violently different. As evidence of this divergence, it is notable that capital punishment was banned during the height of the Stroessner regime. Even today, there appears to be little in the way of meaningful oversight regarding consistent or equitable distribution of criminal sanctions at any level of government. As such, to even attempt many of the most general descriptions regarding “typical sentences” or a schedule of penalties is at best a dubious task. One

area, however, that does provide relatively more reliable insight (due in large measure to external observation) is the Paraguayan correctional system.

Prisons In his article appearing in Human Rights Quarterly, M. Ungar notes that correctional populations have steadily increased in Paraguay and that the prison population has been growing since 1995. According to the International Centre for Prison Studies, the majority of those currently incarcerated (69.2%) are pretrial detainees. Female prisoners make up a small minority of those currently incarcerated (5.1%), juveniles account for less than 1 percent of correctional populations, and 5.7 percent of the prison population is made up of foreign prisoners. Pretrial detainees account for the majority of those held in correctional institutions because alternatives to detention, namely bail, have been extremely limited by the criminal code. Case-processing time has further exacerbated the overcrowding of most Paraguayan prison institutions. Article 136 of the criminal procedural code extends the time limitation on case proceedings from three years to a maximum of four. This change was implemented to give officials more time to investigate and prosecute cases, but the practical effect has been to further stretch the capacity of the prison system beyond that which it is capable of holding. According to Freedomhouse.org, Paraguayan law further contributes to the pretrial detention problem because it is legal to hold those accused of crimes without a trial until the minimum sentence has been served, a practice that, according to the U.S. Department of State, is quite common. The U.S. Department of State notes that there are 20 correctional institutions in Paraguay, which have the capacity to hold approximately 2,863 inmates. Tacumbú Prison in Asunción is the largest prison with an official capacity of about 900 inmates. This institution is horriﬁcally overcrowded, currently holding about 3,000 inmates. According to the International Centre for Prison Studies, the total occupancy of the Paraguayan correctional system as of 2003 was vastly overcrowded at 178.5 percent. Given that the Paraguayan correctional system operates at almost twice its designed capacity,

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Inmates at Tacumbú Prison in Asuncion, Paraguay, February 15, 2010. Judges in Paraguay are demanding the closure of the notoriously overcrowded prison where six men share cells for two, and suspects awaiting trial must survive among convicted drug traffickers and murderers. The prison holds 3,100 people in a space meant for 1,200. (AP Photo/Jorge Saenz)

the prisons have failed to adhere to most international standards of incarceration. According to the U.S. Department of State Human Rights Report, all prisoners held in the Paraguayan system suffer from overcrowding, unsanitary living conditions, and mistreatment. The report noted that inmates in the maximum-security wing of the Ciudad del Este Regional Penitentiary suffered from overcrowded conditions and lacked light, ventilation, and basic hygiene. This wing is referred to as the “black hole,” and the chances of an inmate contracting tuberculosis because of the conditions are quite high. During a visit to several prisons in Paraguay, Manfred Nowak, the special rapporteur on torture and other cruel, inhumane, and degrading treatment or punishment from the United Nations, noted a number of problems in the majority

of Paraguay’s prisons. In both old and new prison facilities, essentials such as food, health care, and leisure and rehabilitation activities are largely absent. This leaves most inmates in the unenviable position of having to rely on family members to provide these basic services or, in the case of poor inmates with no family, doing without. For those inmates with ﬁnancial means, it is possible to pay prison staff for basic necessities. The failure of authorities to provide for inmates and the low salaries paid to prison staff have led to corruption that is endemic in the entire prison system. Additional problems stem from a lack of security in most prisons. For example, the 3,000 prisoners held in the Tacumbú facility are watched by no more that 40 guards, well below the 120 that the UN standards recommend.

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Consistently horrid prison conditions have prompted inmates to riot on numerous occasions. BBC news reported in 2000 that 2 juvenile inmates were killed and 30 injured in a ﬁre during a protest over food. Another BBC news report in 2001 noted that 25 inmates were killed and more than 250 were injured at the Ciudad del Este facility when inmates started a ﬁre to protest the shooting of an inmate. Laurie Gould and Matthew Pate Further Reading Cavallaro, James, Jacob Kopas, Yucan Lam, Tomothy Mayhle, and Soledad Villagra de Biedermann. (2008). Security in Paraguay: Analysis and Responses in Comparative Perspective. Cambridge, MA: Harvard University Press. Jaenike, William F. (2008). Black Robes in Paraguay. Minneapolis, MN: Kirk House Publishers. Lopez, Abalberto. (2005). The Colonial History of Paraguay: The Revolt of the Comuneros, 1721– 1735. New York: Transaction Publishers. McSherry, J. Patrice. (2005). Predatory States: Operation Condor and Covert War in Latin America. Lanham, MD: Rowman & Littleﬁeld Publishers. Saeger, James Schoﬁeld. (2007). Francisco Solano López and the Ruination of Paraguay. London: Rowman & Littleﬁeld Publishers.

Peru Legal System: Civil Murder: Medium Burglary: High Corruption: Medium Human Trafficking: Medium Prison Rate: Medium Death Penalty: No Corporal Punishment: Yes

between Colombia, Ecuador, Brazil, Chile, and the Paciﬁc Ocean. The Peruvian territory comprises three very different geographic regions: the coast; the Andean zone, or sierra; and the jungle, or Amazon. Peru has a multiethnic and multicultural population of 28,220,764 people. Although the official language of the country is Spanish, part of the population living in the Andean and Amazon regions speak Quechua and other indigenous languages. The Peruvian criminal justice system is composed of a single and independent Judicial Power integrated by all levels of courts, the Public Ministry that oversees the Public Defense and the National Penitentiary Institute, and the Peruvian National Police under the Ministry of the Interior. The judicial apparatus is organized around the Constitutional Tribunal, the highest interpreting body of the Constitution, and the Academy of the Magistrate, the autonomous body responsible for the formation and improvement of judges and prosecutors. As mandated by the Constitution, the public defender is responsible for protecting the constitutional and fundamental rights of the people and for supervising public services for the citizenry, including justice services. Prior to its formal independence from Spain in 1821, Peru was an important colony and viceroyalty of Spain. Spain’s inﬂuence on the country is evident its history and culture and in the Peruvian penal justice system. Like other Latin American nations, the Peruvian criminal justice system has been strongly inﬂuenced by the continental model and the European inquisitorial model, in a historic rather than modern version. In Peru, the Prosecutorial Public Ministry, autonomous from the Judicial Power, was only recently created in 1979 and did not become effective until 1981.

Legal System

Background Peru is a South American country with a territorial extension of 1,285,215.60 square kilometers located

Like many other countries in the Latin American region, Peru’s criminal justice system is experiencing a shift from a mixed inquisitorial model to an accusatorial and adversarial system. Beginning in 2006, Peru began a gradual implementation of a new penal procedural code based on the central

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Peru

principles of oral litigation and equality between parties (prosecution and defense) before an impartial judge, public and oral proceedings, speedy legal processing, decongestion of the penal system, and the increased visibility of the victim throughout the penal process. The new penal procedural code has been adopted by a growing number of judicial districts of the country and will be implemented in the capital city of Lima by 2013. As of December 2008, the new criminal justice code was in use in 5 out of the 29 judicial districts of the country (Huaura, La Libertad, Moquegua, Tacna, and Arequipa). The Peruvian criminal justice system has been operating in a democratic and republican structure that has survived repeated challenges from dictatorships, authoritarian tendencies of popularly elected administrations, and organized political violence. In the 1980s and early 1990s, economic and social crises gave birth to and nurtured two subversive groups that violently confronted the state: Sendero Luminoso and the Túpac Amaru Revolutionary Movement (or MRTA). The prolonged violence left thousands of victims among civilians, members of the armed forces, and members of the subversive groups. In 1992, the brutal civil strife and the deep distrust of the government were used as a justiﬁcation for a self coup by then president Alberto Fujimori, who shut down Congress, suspended the Constitution, and purged the judiciary with widespread popular and military support. The measure led to the limitation of individual guarantees and established special summary penal procedures for dealing with crimes regarded as terrorism and offenses against the state. Sumarieda (speedy penal processes without the guarantee of impartiality or the exercise of the right to a defense) became the general rule regulating criminal justice processes. Beginning in the mid-1990s, activity by terrorist groups was signiﬁcantly reduced and became limited to distant regions in the Peruvian jungle. Peru also began to reenter the international community and to rekindle the largely dormant economy. The ensuing economic growth triggered a lasting revitalization. Currently, Peru is recognized as one of the nations with the largest projections of growth in the region. Poverty and extreme poverty, concentrated

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in rural areas, were reduced to 39.3 percent and 13.7 percent, respectively, in 2007. There are still signs of weakness in the judicial branch and public safety organs of the Peruvian state. Public distrust of the justice system has surpassed 80 percent, popular anger is directed at the delays in civil and criminal proceedings, formalism of the process, unpredictability of judicial decisions, corruption of judicial officials, and lack of coverage and coordination mechanisms in rural and Amazonian zones. According to the regional survey Latinbarometer 2007, conﬁdence in the judicial power and the police hovered at 30 percent and 39 percent, respectively; and a 2008 survey of the Pontiﬁca Universidad Catolica de Peru found that only 17 percent of the respondents reported conﬁdence in the legal system. Insecurity, coupled with negative portrayals by the mass media and recurrent prison riots, is another crisis that fuels public perceptions of an utterly inefficient criminal justice system. In 2008, the Peruvian prisons were utilized at 169.1 percent of their designed capacity, a ﬁgure that represents an increase of more than 80 percent from 2002 (137.8%). Positive results in terms of speediness of the process, transparency, respect for the right to legal counsel, decongestion of the judicial system, and reduction in the number of persons detained without a sentence have been reported in those districts where the new penal procedural code has been put into effect. Given these encouraging preliminary outcomes, much hope is placed in the consolidation of the new criminal processing and the subsequent emergence of a new legal culture.

Crime Classification of Crimes The current Peruvian penal code has been in effect since 1991. Illegal behaviors in Peru are classiﬁed into delitos (crimes) and faltas (misdemeanor). Delitos are serious crimes such as homicide, robbery, theft, or crimes against sexual liberty, and faltas are illicit acts that are less grave in nature, such as attempts against customs or tranquility of the neighborhood. Sanctions for delitos include deprivation

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of liberty among others, and faltas are punished with ﬁnes and community service. Crimes in Peru are classiﬁed and denominated according to the public good the law seeks to protect. Major categories of punishable crimes include crimes against life, crimes against body and health, crimes against honor, crimes against liberties, crimes against the estate, crimes against trust and good faith in business, crimes against public safety, crimes against the environment, and crimes against humanity, among others. The seriousness of a crime and its punishment can be aggravated by special circumstances during the commission of the offense. For example, simple homicide is considered grave when the perpetrator is a close relative of the victim (father, mother, or spouse) or if it is effected with cruelty or for reward. Crimes against property (such as robbery and theft) are considered grave when they are committed by organized groups or when violence is employed against persons or properties. Crimes against sexual liberty are aggravated when they are committed with the use of weapons; committed against children, adolescents, or persons with physical or mental disability; or perpetrated by the parents or siblings of the victim. When crimes present aggravating circumstances, sanctions that involve the privation of liberty can be increased to a life sentence (e.g., in the case of rape of a child under the age of 10 and property crimes that result in death or serious injury to the victim). In Peru, the death penalty is not practiced, but sentences can run consecutively to a maximum of 35 years. As of 2006, recidivism and chronic offending can be taken into account as aggravating circumstances at sentencing.

Juvenile Criminal Responsibility In Peru, the legal age of 18 determines penal procedures and sanctions applicable to those accused of a crime. Persons under the age of 18 are processed by a special procedural and sentencing system typiﬁed in the Code for Children and Adolescents, whereas those who are adults are subject to the penal code. When a child above the age of 14 commits a penal infraction, socio-educative sanctions are applied;

these include reprimand or warning, assisted liberty, community service, restricted liberty, and admission to a treatment facility. If the child is under the age of 14, measures of protection (i.e., care in child’s own home, participation in support programs, incorporation into a substitute family, and admission to a special protection facility) are applied. Judges, prosecutors, and defense attorneys specializing in family matters are involved in the penal proceedings against children and adolescents. Adolescents can be detained only by judicial order or if they are caught in the commission of a crime. All processes against adolescent transgressors are realized with intervention of the family prosecutor and the defense. If the infraction committed is not serious, it is typical that the judge commits the adolescent to the custody of his or her parents. In the case of serious crimes (e.g., rape or armed robbery), judges can subject the adolescent to preventive detention in a juvenile center for rehabilitation, operating under the Judicial Power. To sentence a minor, the judge must take into account the seriousness of the reported acts, the damage caused, the degree of the adolescent’s responsibility, and a report provided by a multidisciplinary team composed of a psychologist, a doctor, and a social worker.

Penal Processes for Drug Offenses In Peru, drug crimes are punished with a sentence of 5 to 35 years of imprisonment, depending on the seriousness of a crime. The most severe sentences are mandated when a person forces another person, whether by violence or threat, to cultivate cocaine, poppy, and marijuana plants. Harsh sentences are also handed to leaders of organized groups dedicated to drug trafficking. Sentences are also severe when drugs are sold to minors or when the offender is a member of an organization dedicated to this crime. In Peru, the cultivation, fabrication, commerce, and trafficking of illicit drugs are prohibited by law. Importing and exporting illicit chemical precursors are also sanctioned. Possession of drugs for personal use is not punishable, as long as consumption of the drug takes place immediately and the amount of the drug possessed does not exceed 5 grams of basic

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Peru

cocaine paste, 2 grams of cocaine hydrochlorate, 8 grams of marijuana, or 2 grams of derivatives. Because of Peru’s geographic location in a region with a dense Amazonian jungle and various harbors with access to the Paciﬁc Ocean, cases of illicit crop cultivation and trafficking of illicit drugs abound; these psychoactive goods are commercialized mainly through harbors and airports. The most common sanctions in these cases are preventive incarceration and deprivation of freedom. As of December 2008, there were 11,386 persons incarcerated for illicit drug traffic: 9,334 men and 2,052 women, both citizens and foreign nationals. Of this number, 1,876 had been sentenced, and 9,510 had only been accused of the crime.

Crime Statistics The main sources for criminal statistics in Peru are the police statistics. The police periodically publish statistics on their Web site (http://www.pnp.gob.pe). The Public Ministry and the Judicial Power also publish statistics regarding judicial processes for committed crimes. Statistics gathered by the Peruvian National Police show than in 2007 there were more than 144,000 reported crimes, with robbery, theft, and injuries reported most frequently. Detailed statistics follow. In 2007, 2,934 homicides were reported, which represents a rate of 10.4 homicides per 100,000 persons. There were 7,223 reported sexual violations, representing a rate of 26 violations per 100,000 persons. A total of 41,606 robberies were reported in 2007, which translates into a rate of 147 robberies per 100,000 persons. This ﬁgure is added to 45,228 thefts (without violence), which represent a rate of 160 thefts per 100,000 persons. In 2007, the Peruvian National Police executed 12,040 interventions connected to drug crimes: 3,719 police interventions for illicit traffic, 1,583 for commercialization, and 6,738 for consumption. During this same year, 721 drug couriers, both Peruvian citizens and foreign nationals whose objective was to transport drugs to other countries, were detained. Peru is a country with vast rural regions. The most frequently occurring crimes in these zones are theft of animals and crimes relating to property of

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land and family crimes (domestic violence, failure to provide food). The Constitution of Peru provides protection for indigenous or rural justice so long as it does not violate fundamental rights. In urban zones, the crimes with the highest incidence of occurrence are robbery and theft (such as robbery of cellular phones in the street and in homes).

Finding of Guilt Rights of the Accused The new penal procedural code considers the right to the presumption of innocence and equality of means to both parties throughout the entire penal process. It dictates the right to a defense beginning at police investigation. The accused has the right to rely on an attorney of his or her choice in all police actions, detention, and penal processes. The principal rights of the accused are the following: a. The right to know all charges against them; and in case of detention, the reason for this measure must be expressed, and the accused must be presented with the order of detention. b. The right to assign a person or institution to be contacted and informed of their detention. This communication must take place immediately after apprehension. c. The right to have a defense attorney beginning with the early stages of investigation. d. The right to withhold a statement, and if the accused choose to provide a statement, they have the right to have their defense attorney present during the statement and in all activities that require the defense’s presence. e. The right against coercive or intimidating measures and the right against methods and techniques that can alter free will or to suffer any restriction not authorized by law. f. The right to be examined by a legist doctor or by any other health care professional when health conditions require this.

Judicial Organization The new penal procedural code establishes the following jurisdictional penal organs. First are the

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courts of preparatory investigation, responsible for hearing issues raised by parties in the preparatory investigation phase, such as deciding on preventive measures that can be applied to the accused during this phase (preventive detention). These courts are also responsible for proceedings regarding anticipated evidence and management of the intermediate phase and execution of sentences. Second are the courts of decision that can be either collegiate or unipersonal. Collegiate courts are composed of three judges responsible for crimes punishable with a prison term over six years. The unipersonal courts are responsible for judging other minor crimes. Both the unipersonal and collegiate courts are responsible for directing the judgment phase and for resolving incidences of crime assigned to them respectively. In addition, unipersonal courts must be familiar with prison beneﬁts and sentence appeals from the peace courts (community or local courts). Unlike Bolivia, Nicaragua and some provinces in Argentina, Peru does not make use of a jury system.

The Penal Process The new penal process is divided into three phases. The ﬁrst stage involves preparatory investigation headed by the prosecutor, with the objective of gathering elements of conviction to allow the prosecutor to decide whether to charge the accused with a crime. This stage gives the accused an opportunity to prepare a defense, demanding that fundamental rights are respected. This phase is subject to the control of the judge of preparatory investigation. The second stage is the intermediate phase directed by the judge of preparatory investigation who hears requests by prosecutors or any other parties in regard to suspension of the cause. Judgment or sentencing constitutes the concluding stage, directed by the unipersonal penal judge or the collegiate tribunal composed of three judges, who have the responsibility of reviewing evidence of the accusation while respecting the exercise of defense and contradiction, with the purpose of making a sound judicial decision.

Penal Prosecution and Early Termination of the Judicial Process In Peru, penal prosecution of a crime is the responsibility of the prosecutors under the Public Ministry. Prosecutors have a broad discretion and can apply early termination to decongest the often backlogged system. In regard to discretional faculties, the new procedural penal code establishes that prosecutors can choose not to prosecute accusations or complaints if the acts are not considered crimes or if the charges have a small possibility of leading to a successful conviction in court. In regard to early termination, prosecutors can apply the “principle opportunity” and reparative agreements. The principle opportunity refers to the prosecutor’s abstention of penal action (1) when the accused has been greatly affected by the consequences of the crime, so long as it does not involve a serious crime; (2) when dealing with crimes that do not seriously affect the public interest; or (3) when extenuating circumstances exist and no public interest is seriously compromised. The application of the principle opportunity requires reparation of damages and harm caused or a reparatory agreement between the accused and the victim when the conditions 1 and 2 exist. The reparatory agreement is proposed by the prosecutor, on his or her own or by request of the accused or the victim, and is appropriate in minor injuries, simple theft, theft of cattle, and common illicit appropriation, among other crimes. Unlike other Latin American countries, in Peru, the principle opportunity can be used by prosecutors even after criminal proceedings have begun (but before a formal accusation is presented). A hearing before the judge of preparatory investigation is held in the presence of the accused and the victim, and the judge will then decide on terminating the legal process.

Negotiated Terminations and Mechanisms of Procedural Simplification With regard to negotiated terminations, the new penal procedural code establishes three possibilities: immediate process, anticipated termination,

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Peru

and anticipated conclusion. The immediate process is applicable when the accused has been caught in the commission of the crime and has been detained, when the accused has confessed to the commission of a crime, or when elements of conviction gathered during investigation and previous interrogations of the accused evidence that the accused committed crime. This process is solicited by the prosecutor from the judge of preparatory investigation, who then decides if the requirement exists for immediate process. If immediate process is granted, the prosecutor forms the accusation or charges, which are then sent to the penal tribunal (collegiate or unipersonal) by the judge of preparatory investigation so that the tribunal can dictate the criminal procedure process and summon the accused to trial. Anticipated termination occurs when an agreement exists between the prosecutor and the accused about the sentence and civil reparations and any other consequences of the crime. Anticipated termination must occur before a formal accusation is ﬁled by the prosecutor. If necessary, a private audience will convene where the judge will explain to the defendant the agreement reached, the consequences of the agreement, and the limitations presented by arguing responsibility. Anticipated conclusion occurs during the trial audience, after the accused has been informed of his or her rights. The judge will ask the accused if he or she admits to being the author or a participant of the crime in question, and whether the accused accepts responsibility for the civil reparations that are a consequence of the crime. If the accused, after consulting with his or her defense attorney, responds affirmatively, the judge will declare anticipated conclusion of the trial and will proceed to sentencing. The sentence is in this case a product of the agreement reached by all parties, unless the judge believes that no crime was committed or that the accused is innocent.

Public Defense The public defender, operating under the Ministry of Justice, is responsible for providing free legal

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counsel to those accused of a crime. The public defender employs attorneys specialized in the new penal procedural code, who are available 24 hours a day to attend to the needs of those detained or urgent cases. Public defenders go to police precincts and participate in audiences. In August 2008, the public defender had 637 attorneys, which represents a rate of 2.3 public defenders per 100,000 persons.

Preventive Detention One measure of procedural coercion is preventive detention. The new penal procedural code mandates that preventive detention should be mandated only in exceptional cases, when the following requirements are met: (a) well-founded and grave elements of conviction exist that lead to a reasonable belief that the accused can be linked to the crime as a perpetrator or participant; (b) the sanction warranted by the crime is more than four years of incarceration; (c) there is reasonable belief that the accused, according to his or her history and other circumstances of the case, will attempt to elude justice (ﬂight risk) or obstruct the investigation into the truth (danger of obstruction). One of the most serious problems plaguing the Peruvian justice system is the high level of persons who are incarcerated without being sentenced. Traditionally, preventive detention has been the most frequent cautionary measure taken by judges. To address this problem, the new code dictates that preventive detention should not be used for more than 9 months. In complicated cases, the limit of preventive detention is no more than 18 months. Under the new procedural code, preventive detention is decided in oral public audiences where the parties (prosecutor and defense) can debate this measure. In the judicial districts where the new code is already in use, the application of preventive detention has been reduced in a signiﬁcant manner, and the number of sentenced prisoners has also increased. It is projected that this reform will produce important positive results in Peru’s new procedural system.

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Punishment Types of Criminal Sanctions Sanctions in Peru are classiﬁed as (a) deprivation of liberty (temporary: minimum 2 days and maximum 35 years; life term); (b) sanctions of restricted liberty (exile for citizens and expulsion from the country for foreign nationals); (c) sanctions that limit rights (community service, limitation to days off, disqualiﬁcation) and; (d) ﬁnes (money that must be paid to the Peruvian state, based on days-ﬁne). Despite the diverse possibilities in sentencing, the most frequently used sanction is deprivation of liberty. However, it is usual for judges to suspend this sentence for crimes that are less serious in nature, stipulating certain conditions (periodically signing in a judicial notebook, not frequenting speciﬁc locations, keeping a distance from the victim, and not leaving the country). In rural areas, it is common that community leaders apply their own justice, with sanctions such as public apologies or labor on the victim’s territory. However, there are times when these authorities are excessive, and corporal punishment is applied to persons suspected of committing crimes, especially with suspected robbers. In these cases, the police must intervene and rescue the accused. In cases of homicide, rape, and aggravated robbery, privation of liberty is common. Homicide is sanctioned with a prison term of 6 to 20 years. Rape is sanctioned with a prison term of 6 years to life. Sanctions for injuries are from 2 years to 15 years depending on the gravity of the crime (aggravating circumstances include domestic or familial violence).

Prisons According to the Instituto Nacional Penitenciario (INPE), in December 2008, the Peruvian prison population ﬁgured at 44,060 inmates with an incarceration rate of 156 inmates per 100,000 people. Of the total number of inmates, 41,122 (93%) were men, and 2,938 (7%) were women. Of the total number of inmates, 28,522 (65%) were processed, and 15,538 (35%) were sentenced. At the national

level, there are 81 penitentiaries. There are special penal institutions for prime offenders (such as the penal institution “San Jorge” in Lima), but in reality, overcrowding makes real separation of inmates difficult, especially in the capital city of Lima where overcrowding in prison reaches 225 percent. Prison work is voluntary and paid. All prisoners have the right to work. Work is considered beneﬁcial for the rehabilitation and reentry of inmates and can be used to shorten the length of stay: two days of work reduce one day from the sentence. Education is another activity that is considered part of penitentiary treatment and can lead to a reduction of a sentence. For every two days of treatment, one day is reduced from the sentence. Inmates have access to basic education, secondary education, and through long-distance learning and correspondence, a postsecondary education. All inmates have the rights to receive visits from family members and attorneys, to receive conjugal visits (priority given to spouses), and to spend time in the yard. The correctional institution arranges these visits according to the infrastructure of the prison and the number of inmates. Hours of recreation or of yard time are based on classiﬁcation of the inmate (dangerous inmates, low risk inmates, etc.). The new penal procedural code establishes that foreign nationals sentenced to prison in Peru can serve their sentence in their native country. Peruvian citizens convicted of crimes abroad can choose to serve their time in Peru. For this exchange to occur, there must be an existing agreement between the countries involved. The decision belongs to the central government. In February 2008, the Peruvian government began coordinating with embassies of different countries for the purpose of having convicted persons serve their time in their native countries, especially foreign nationals sentenced for illicit drug traffic. Nataly Ponce Chauca Further Reading Instituto Nacional Penitenciario: http://www.inpe. gob.pe. NGO Justicia Viva: http://www.idl.org.pe.

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Puerto Rico

Poder Judicial: http://www.pj.gob.pe. Policía Nacional del Perú: http://www.pnp.gob.pe/. Ponce Chauca, Nataly. La Reforma Procesal Penal en Perú. Avances y Desafíos a partir de las experiencias de Huaura y La Libertad. Centro de Estudios de Justicia de las Américas: http:// www.cejamericas.org.

Puerto Rico Legal System: Civil/Common Murder: High Corruption: Low Prison Rate: High Death Penalty: No Corporal Punishment: No

Background The Spanish-American treaty of 1898 ceded the island of Puerto Rico to the United States. The current judicial system in Puerto Rico, organized under the Puerto Rican Department of Justice, has its origins in the 1899 Executive Order 12, issued under the military regime established by the U.S. Congress. The Department of Justice, under the jurisdiction of the military governor, administered the prisons and jails and supervised the judges and the judicial system in general. The military governor also appointed the head of the insular police, whose main function was to maintain law and order. After the abolition of the military regime in 1900, Puerto Rico was governed under two different constitutional laws passed by the U.S. Congress. The Foraker Act of 1900 provided for a governor appointed by the U.S. president, a legislative branch, and a judicial branch. In addition, the Foraker Act allowed Puerto Ricans to send a delegate to the U.S. Congress to voice the concerns of the Puerto Rican people, but without the right to vote in legislative matters. The Jones-Shafroth Act of 1917 granted U.S. citizenship to residents of the island and contained a Bill of Rights that was modeled after the U.S. Constitution. Under both acts, the federally

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appointed governor retained control over the police, the Puerto Rican Supreme Court, and the Department of Justice. Moreover, the U.S. Congress had legislative authority over Puerto Rico, and the decisions of the Puerto Rican Supreme Court were subject to review by the U.S. Court of Appeals for the First Circuit. For many years, Puerto Rican and American politicians debated the political and constitutional status of the island. In response to the increasing demand for political participation by the Puerto Rican people, in 1947, the U.S. Congress passed legislation authorizing the popular election of the governor, and Luis Munoz Marin became the ﬁrst popularly elected governor of Puerto Rico. In 1950, under pressure from the United Nations, the U.S. Congress passed Public Law 600, which provided for the drafting of a constitution by the Puerto Rican people. Two years later, the U.S. Congress and the president approved the Constitution of the Commonwealth of Puerto Rico.

Justice System The current Department of Justice was officially created as an executive branch subject to the authority of the legislative branch. The department is responsible for providing legal advice to the governor, the legislative branch, municipalities, and the heads of government agencies. The department also represents the government in civil and criminal cases, investigates and prosecutes accused people, and promotes public safety. In 1956, the Puerto Rican legislature created the current Puerto Rican police department under the same name, whose main functions were to protect the public, maintain public order, protect private property, and ﬁght crime. Although the police department remained under the authority of the governor, the Puerto Rican legislature created the position of police superintendent, who was nominated and appointed by the governor with the consent of the Puerto Rican Senate. In 1967, the Puerto Rican legislature created the Agency for Criminal Investigations, a highly specialized and scientiﬁcally oriented agency whose main functions included investigating high-proﬁle

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cases, white-collar crimes, homicides, and robberies. Until 1969, the Puerto Rico Department of Revenues was in charge of investigating and prosecuting drug trafficking and drug dealing cases; however, in 1969, the Puerto Rican legislature transferred this task to the Puerto Rico police department. In addition to the local judicial system, the U.S. federal judicial system operates in Puerto Rico. Federal law enforcement agencies such as the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) enforce federal laws. This dual system of justice has produced great social and political tension in Puerto Rico. In 1978, in what is commonly known as “The Cerro Maravilla Incident,” two pro-independence activists were killed during an ambush operation conducted by the local police force. The preliminary investigations conducted by the Puerto Rico Department of Justice, the U.S. Justice Department’s Civil Rights Division, and the FBI concluded that despite the inconsistencies in the police officers’ testimonies, they acted in self-defense. After seven years of investigation, in 1984, 10 officers were indicted and found guilty of perjury, destruction of evidence, and obstruction of justice; 4 of the 10 were convicted of second-degree murder. In 1992, Drew S. Days III, former chief of the U.S. Department of Justice’s Civil Rights Division, publicly admitted that the FBI had acted negligently and unprofessionally during the investigation of the case. More recently, the September 23, 2005, killing of Filiberto Ojeda Ríos, a leftist leader of the proindependence group Los Macheteros, by FBI agents in Puerto Rico prompted some Puerto Rican people to question the political relationships between Puerto Rico and the United States. While awaiting trial for his alleged involvement in the Wells Fargo 1983 robbery in Hartford, Connecticut, where 7.2 million dollars were stolen, Filiberto Ojeda Ríos cut off the electronic ankle monitor and became a fugitive. In July 1992, Ojeda was tried in absentia in Connecticut and found guilty on 14 counts related to the Wells Fargo robbery, ﬁned $600,000, and sentenced to 55 years in prison. After years of investigation, the FBI located Ojeda Ríos, and on

September 23, 2005, without informing the Puerto Rican government and law enforcement authorities, an FBI’s sniper observer team from Quantico, Virginia, traveled to Puerto Rico and captured and killed Ojeda Ríos. The Office of the Inspector General (OIG) conducted an investigation to determine the facts and circumstances of the shooting incident and concluded that the three shots ﬁred by the FBI agent at Ojeda Ríos through the kitchen window did not violate the Deadly Force Policy. Further, the OIG concluded that the decision not to notify Puerto Rico officials of the operation was justiﬁed and reasonable because of concerns about leaks that could compromise the operation. Proindependence leaders labeled the FBI operation a political assassination and a manifestation of the oppressive colonial system imposed by the federal government in Puerto Rico since 1898. In addition to this political tension, the U.S. war on drugs has created tension between Puerto Rico’s local law enforcement agents and federal agents regarding the role of the local government in this effort. Since 1994, Puerto Rico has been designated a High Intensity Drug Trafficking Area (HIDTA) by the DEA. Federal agents believe that Puerto Rico is very attractive to drug traffickers because of its geographical location, being only 450 miles from the South American coast, and its strong economy and high level of transient visitors, given that about 2,000,000 cruise ship passengers and more than 9,000,000 tourists visit annually. Of the drugs smuggled through Puerto Rico, the DEA has estimated that Puerto Rico’s drug consumption is about 30 percent of the drugs transshipped and that less than 1 percent of the cocaine smuggled to the continental United States in 2006 traveled through Puerto Rico. Given the island’s political relationship with the United States, Puerto Rico has played an important role in the coordination and implementation of federal anti–drug trafficking policies in Latin America and the Caribbean. However, the success of the war against drugs in Puerto Rico and the region has been the subject of great debate and controversy. For example, in 2002, Asa Hutchinson, the chief administrator of the DEA, accused DEA agents

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Puerto Rico

working in San Juan of misreporting their drug seizure and arrest ﬁgures.

Crime Classification of Crimes The Puerto Rico penal code sets the age of criminal responsibility at 18 except in those cases deﬁned under the code for minors. There also is a lack of criminal responsibility in cases of insanity and involuntary intoxication. Article 16 of the Puerto Rican criminal code classiﬁes crimes as either felonies or misdemeanors. The punishment for felonies is a prison term, and the punishments for misdemeanors may include both ﬁnes and prison. A typical prison sentence is 99 years for ﬁrst-degree murder; 9–15 years for second-degree murder or rape; 3–8 years for robbery, voluntary manslaughter, aggravated burglary, or money laundering; and 6 months to 3 years for negligent homicide, performing or soliciting an abortion, aggravated battery, child abandonment, or identity theft. Misdemeanors such as child neglect, prostitution, simple burglary, or vandalism typically result in a ﬁne of $5,000 or incarceration up to 90 days. Based on the federal schedule for controlled substances, the government of Puerto Rico has classiﬁed controlled substances into ﬁve schedules. Schedule I includes any opiates, opium derivatives, and hallucinogenic substances that have a high potential for abuse, have not been accepted for medical use in the United States, and are unsafe for use under medical supervision (e.g., heroin, codeine, morphine, marijuana, peyote). Schedule II comprises those substances that have a currently accepted medical use in the United States or a currently accepted medical use with severe restrictions. However, the abuse of the drug or other substances may lead to severe psychological or physical dependence. These drugs are produced directly or indirectly by extraction from substances of vegetable origin, by chemical synthesis, or by a combination of extraction and chemical synthesis (e.g., opium derivatives, opium poppy and poppy straw, coca leaves). Schedule III includes any material, compound, mixture, or preparation that contains any quantity of substances

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having a stimulant or depressant effect on the nervous system (e.g., amphetamine, methamphetamine, codeine). Schedule IV drugs have a low potential for abuse relative to Schedule III drugs, are accepted for medical use in the United States, and produce limited physical or psychological dependence (e.g., barbital, chloral hydrate, phenobarbital). Schedule V drugs have a low potential for abuse relative to Schedule IV drugs, have a medical use, produce limited physical or psychological dependence relative to drugs in Schedule IV, and have a limited amount of narcotic drugs mixed with non-narcotic active medicinal ingredients. Under Puerto Rico’s penal code, it is illegal to knowingly or intentionally manufacture, distribute, dispense, transport, or conceal a controlled or adulterated substance. The penalty for violation of the laws regarding Schedules I and II narcotic drugs is imprisonment for a ﬁxed term of 20 years, which can be increased to 30 years if there are aggravating factors and reduced to 10 years if there are mitigating factors. If the person has one or more prior drug convictions, the sentence increases to 35 years in prison. Violation of the laws governing Schedule I drugs, non-narcotic, carries a sentence of imprisonment for a ﬁxed term of 12 years—20 years if there are aggravating factors and 5 years if there are mitigating factors. Having a prior drug conviction increases the imprisonment term to 25 years. In the case of violation of the laws regarding Schedule III drugs, the penalty is a ﬁxed term of imprisonment of 7 years, with a maximum of 10 years if there are aggravating factors and a reduced sentence of 5 years if there are mitigating factors. Having a prior drug conviction increases the incarceration term to 15 years. Violation of the laws regarding Schedule IV drugs nets a prison sentence of 3 years, with a maximum of 5 years for aggravating factors and a minimum of 2 years in case of mitigating factors. A prior drug conviction will increase the sentence to 6 years. Violation of the laws regarding Schedule V drugs carries a ﬁxed sentence of 2 years, with a maximum of three years and a minimum of 1 year, and having a prior drug conviction will double this sentence. Finally, if a person transfers or administers, induces, aids, or conspires to induce a minor to

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use a controlled substance, the punishment is up to twice the penalties provided under the penal code.

Crime Statistics Over the past few decades, Puerto Rico’s image as the “Enchanted Island” has been overshadowed by violent crime. The Puerto Rico Police Department, in accordance with the standards established by the National Incident-Based Reporting System (NIBRS), collects data regarding offenses reported to the police. In 1992, the violent crime rate peaked at about 900 offenses per 100,000 residents and then began a steady decline, reaching 227 offenses per 100,000 residents in 2006. The property crime peaked in 1985 at about 2,779 offenses per 100,000 residents followed by a steady decline thereafter, reaching 1,354 per 100,000 in 2006. The burglary rate followed a similar pattern, reaching its peak in 1985 with 1,205 burglaries per 100,000 residents, but declining to 424 per 100,000 in 2006. From 1989 through 1994, the murder rate increased sharply, peaking in 1994 with 27 murders per 100,000 residents. Puerto Rico’s 2006 murder rate of about 18.8 per 100,000 residents is almost four times that of the United States as a whole, which has 5.7 murders per 100,000 residents. Finally, the rape rate has been steadily declining since 1977, when it reached 26 rapes per 100,000 residents, and was down to 3 per 100,000 in 2006. Geographically, the rape rate is higher in the central and southern municipalities of Villalba (13.4 per 100,000 residents), Ponce (10.5 per 100,000 residents), Yauco (8.3 per 100,000 residents), Peñuelas (6.9 per 100,000 residents), and Salinas (6.2 per 100,000 residents). Overall, violent crime is relatively higher in urban areas, particularly in the metropolitan area of San Juan (i.e., San Juan, Bayamón, Guaynabo, Cataño, Carolina, and Trujillo Alto) and some of its adjacent municipalities. The San Juan metropolitan area accounted for 49 percent of murders, 62 percent of robberies, 43 percent of forcible rapes, and 40 percent of burglaries in 2007. However, the adjacent municipalities of Loíza and Río Grande showed relatively high murder rates, 97.3 and 53.5 per 100,000, respectively.

The DEA has estimated that about 80 percent of homicides in Puerto Rico are related to drugs. A 2005 survey by the Office of National Drug Control Policy, U.S. Sentencing Commission, of 6,017 adult convicts incarcerated under the jurisdiction of the Puerto Rico Department of Corrections and Rehabilitation indicates that 63 percent (3,819) of the respondents had a drug-related problem. Among incarcerated juvenile offenders, 46.8 percent of the 250 surveyed reported having a drug-related problem. At the federal level, the Office of National Drug Control Policy and the U.S. Sentencing Commission have reported that in 2006, 51 percent of the 567 federally sentenced defendants in Puerto Rico had committed drug offenses, and 57 percent (167 defendants) of these involved powder cocaine, particularly cocaine trafficking.

Finding of Guilt The Bill of Rights of the Constitution of the Commonwealth of Puerto Rico protects against illegal searches and seizures, prohibits the death penalty, and guarantees due process and equal protection under the law, the right to speedy and public trial, jury trial, the right against self-incrimination, the right be informed of the charges, the right to crossexamine witnesses, the right to have assistance of counsel, the right to be presumed innocent, and the right to reasonable bail. The Puerto Rican Bill of Rights also limits incarceration prior to trial to no more than six months. In 1995, the government of Puerto Rico created the Office of Pretrial Services to protect the constitutional right of the defendant to pretrial release and to reduce the effect of social and economic inequality in the criminal justice system. The pretrial release program offers the following options: release in custody of a third party, release on personal recognizance, conditional release, and release on deferred bail. The Legal Assistance Society provides legal representation to indigent defendants in criminal cases. During the 2006–2007 ﬁscal year, the Legal Assistance Society handled 12,451 cases; in 22.3 percent of the cases, the courts found no probable cause, and in 13.6 percent of the cases, the charges were dismissed. Puerto Rican defendants

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Puerto Rico

also are covered under the Bill of Rights of the U.S. Constitution, and indigent defendants qualify for the services of the Federal Public Defender for the District of Puerto Rico. According to the federal judiciary, in 2007, 50 percent of the 1,603 criminal cases handled by the federal courts in Puerto Rico were plea bargained, and only 7.4 percent were dismissed. About 82 percent (1,204) of the convicted offenders received an incarceration sentence. The Puerto Rican judicial system consists of three court levels. The highest level is the Supreme Court of Puerto Rico, whose members are appointed by the governor with the advice and consent of the Senate. This is the court of last resort and is composed of a chief justice and six associate justices who sit together as a panel of no fewer than three justices in San Juan. The composition of the Supreme Court can be changed only by law upon request by the Supreme Court. Members of the Supreme Court are required to be citizens of the United States and of Puerto Rico, to have been admitted to the practice of law in Puerto Rico at least 10 years prior to their appointments, and to have resided in Puerto Rico at least 5 years immediately prior thereto. The Supreme Court may hear, in the ﬁrst instance, petitions for habeas corpus, mandamus, injunction, and any other causes and proceedings as determined by law. The second level is the Court of Appeals, and it has the authority to review cases decided by the Court of First Instance. This court is located in San Juan and consists of a panel of three to seven judges appointed by the president of the Puerto Rico Supreme Court. The third level is the Court of First Instance, and it consists of 253 superior and 85 municipal judges appointed by the governor with the consent of the Senate. The Superior Court judges serve a 12-year term, and the municipal judges serve a term of 8 years. This court holds its meetings in San Juan, Bayamón, Arecibo, Aguadilla, Mayagüez, Ponce, Guayama, Humacao, Caguas, Aibonito, Utuado, Carolina, and Fajardo, and it is authorized to hear any type of civil or criminal case and cases involving violation of municipal ordinances. In addition to these courts, there are eight drug-court programs in Puerto Rico that provide

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rehabilitation services to drug users and abusers who have been charged with nonviolent offenses related to their drug dependency. The drug courts handle cases involving possession of a controlled substance with intent to distribute, simple possession of a controlled substance and drug paraphernalia, theft, burglary, forgery, and illegal possession of autos and auto parts. The Puerto Rican juvenile justice system operates under the 1986 Puerto Rico Minors’ Act. The system’s mission includes providing for the care, protection, development, habilitation, and rehabilitation of minors and promoting public safety. Accused juveniles have the right to a fair and impartial trial and due process of law, to have contact with their relatives at all times, and to obtain legal counsel in the presentation of their defense. Juveniles between 15 and 18 years of age who are charged with ﬁrstdegree murder or who have been previously charged with a felony as an adult are tried as adults. According to police statistics, from 1990 through 2005, the rate of police intervention with juveniles under the age of 18 for robbery and burglary steadily declined. For example, the number of police-juvenile contacts per 100,000 juveniles was 120.7 in 1990 but declined to 20.5 in 2005. On the other hand, police-juvenile contacts for rape and murder increased during the late 1990s, but they have declined in recent years. For example, the police-juvenile contact rate for rape was 3.9 in 1990, 7.8 in 1996, and 0.9 in 2005.

Punishment Types of Punishment Puerto Rico’s penal code provides the following penalties: imprisonment, therapeutic commitment, house arrest, ﬁne, suspension or revocation of license, restitution, probation, and community service. First-degree murder carries a prison sentence of 99 years, manslaughter carries a sentence of no less than 3 years and no more than 8 years in prison, and involuntary manslaughter incarceration has a sentence of between 6 months and 3 years in prison. When involuntary manslaughter is committed by a person driving a motor vehicle under the inﬂuence of alcohol or

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a controlled substance, the sentence is imprisonment for a ﬁxed term of 1 year. Rape carries a sentence of 8 to 15 years in prison. If the offender is under the age of 18 and the victim is under the age of 16, and the offender is tried as an adult, the presumptive sentence is between 3 years and 8 years in prison.

Prisons According to the Puerto Rico Department of Corrections, there are 30 correctional institutions in Puerto Rico. The total number of prisoners in Puerto Rico in 2007 was 12,334 (11,949 in prison and 385 inmates in treatment and medical centers). More than 50 percent of the prison inmate population consists of relatively young inmates (52 percent are less than 30 years of age); 66 percent are recidivists; 67 percent have a

sentence of more than ﬁve years in prison ; 80 percent were unemployed at the time of the offense; 90 percent use alcohol or illegal drugs frequently. The incarceration rate peaked in 1998 with 624 inmates per 100,000 residents over the age of 18 and has since declined to an incarceration rate of about 500 in 2006. The two largest correctional institutions in Puerto Rico are the Correctional Complex of Ponce, with about 8,000 inmates housed in 20 facilities, and the Bayamon Correctional Complex, with 3,939 inmates (2006). In addition, the Metropolitan Detention Center (MDC) in Guaynabo is a federal detention center that holds approximately 1,500 male and female inmates. There were also about 18,000 probationers and parolees in 2007, with an estimated annual probation and parole revocation rate of about 7 percent, or 1,275 revocations.

Watched by a prison guard, Puerto Rican detainee Juan Martinez Cruz sits handcuffed in an interview room at Las Cucharas Penitentiary, in Ponce, Puerto Rico, June 1, 2006. Martinez is accused of killing a man in a Philadelphia bar in 2000. His lawyers are fighting extradition to Philadelphia in the Puerto Rican Supreme Court on the grounds that he could face capital punishment, which is illegal in Puerto Rico. (AP Photo/Brennan Linsley) © 2011 ABC-Clio. All Rights Reserved.

Puerto Rico

The Administration of Juvenile Institutions (AJI) is responsible for the direct operation of nine male juvenile centers and a female center with an average annual population of 800 and 70 offenders, respectively. In 2007, approximately 2,471 juveniles received services from the AJI, including mental health services (1,460) and vocational education (2,123). This represents a 48 percent increase from 1997 (1,660 offenders). Of the 250 incarcerated juveniles tried as adults in 2005, 99 percent were male, 98 percent committed their offense in urban areas, 99 percent were drug users, and 20 percent were serving time for murder. The visiting rules and regulations in adult institutions provide for a maximum of six persons at a time. Upon being admitted at a correctional institution, the inmate submits a list of names of the people he or she wants to be included in the list of visitors. Children under the age of 12 do not count as visitors as long as they do not occupy a seat and if they are on the lap of a visiting adult; any visitor in a wheelchair counts as one of the six authorized visitors. The inmate has the right to change the list of visitors every four months. An inmate’s close friend who wants to be included in the inmate’s list must not be listed on the visiting list in another institution. Visitors who are not part of the list of the inmate’s immediate family and who have prior criminal records have to provide evidence that three years have elapsed since the date of their last conviction. Inmates sentenced to less than 15 years in prison may receive credit for good behavior of up to 12 days per month, and those sentenced to 15 years or more may get a credit for 13 days per month. These incarceration privileges do not apply to those sentenced to 99 years or more; they do not qualify for sentence reduction for good behavior. In addition, inmates receive credit for time served while waiting for trial and for participating in institutional work or educational programs. Regardless of the length or type of inmates’ prison terms, the Puerto Rico Electoral Law grants the right to vote to adult inmates. In 1991, the government created the Employment and Training Enterprises Corporation, which is responsible for providing training, entrepreneurial development, and employment experiences for the adult and juvenile correctional clientele in the

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production of office furniture, pillows, beds, and mattresses. The corporation’s main function is to coordinate activities with public agencies, corporations, municipalities, and for-proﬁt or nonproﬁt public or private persons or entities, by contracts or collaborative efforts, that would help improve the participants’ employment and self-employment skills. According to the Puerto Rico Department of Correction, in 2007, the corporation employed 1,405 correctional clients and sold about 3.8 million dollars in products to governmental agencies and the general public. To help alleviate prison crowding and to promote the rehabilitation of the offenders, the Puerto Rico Administration of Corrections provides diversion services and reintegration programs such as the Social Adaptation Homes (halfway houses) and the ticket of leave (pases extendidos) for educational or medical purposes. Those convicted of murder, rape, incest, sodomy, child sexual abuse, or repeat drug offenders are excluded from these programs. In 2004, legislators amended the Puerto Rico Organic Law of the Administration of Corrections (Law 116) to the effect that some qualiﬁed incarcerated inmates are required to serve at least 20 percent of the prison sentence imposed before they can beneﬁt from these post-release services. By increasing the time served from 10 percent to 20 percent, the government expected to reduce offenders’ recidivism and promote public safety. To facilitate the reintegration of incarcerated offenders into the community, the Department of Corrections offers job fairs, provides letters of recommendation for employment, and assists inmates in ﬁnding housing and medical services. The Puerto Rico law of extradition makes the governor responsible for arranging the arrest and delivery of any person who resides on the island and who has been charged in another state with any crime. Similarly, the governor may request the extradition to Puerto Rico of any person who has been charged with any crime in Puerto Rico and who is imprisoned or awaiting trial in another state. In 2002, the governor of Pennsylvania requested the arrest and extradition of Juan Martínez Cruz, who at the time was living in Puerto Rico, on charges of murder and illegal possession of weapons. Upon his arrest, the Court of First Instance denied the extradition to

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Pennsylvania on the grounds that it would be unconstitutional to extradite the accused to Pennsylvania if he faced a possible death sentence because the death penalty is prohibited by the Constitution of Puerto Rico. The Appeal Court affirmed the lower court’s decision. However, in 2006 in The People of Puerto Rico v. Juan Martinez Cruz, the Puerto Rico Supreme Court reversed the appeal court decision against the extradition of Juan Martinez Cruz because it imposed limits on the use of the death penalty by the government of Pennsylvania and made the island a potential sanctuary for criminals trying to escape the death penalty in the United States. Alfredo Montalvo-Barbot Further Reading Centro de Estudios de Justicia de Las Americas: http://www.cejamericas.org/. Departamento de Corrección y Rehabilitación de Puerto Rico: http://ac.gobierno.pr/correccion/. Malavet-Vega, Pedro. (2007). El Sistema de Justicia Criminal en Puerto Rico. Ponce, PR: Ediciones Lorena. Policía de Puerto Rico: http://www.gobierno.pr/ PoliciaPR/Estadisticas/.

descent. Although English is the official language of the federation, inhabitants of St. Kitts and Nevis commonly use a Creole language. Tourism is the greatest source of revenue of the federation.

History Christopher Columbus landed on St. Kitts in 1493 on his second voyage to the region and named the island St. Christopher after his patron saint, which was later shortened to St. Kitts. Christopher Columbus also discovered Nevis on his second voyage, which he named Nevis because of its resemblance to a snowcapped mountain called Nuestra Senora de las Nieves in Spanish, meaning “Our Lady of the Snows.” The Treaty of Paris awarded both islands to Britain in 1783. The two islands, along with Anguilla, were incorporated into a single British dependency. They became part of the West Indies Federation from 1958 to 1962. After two rebellions in 1967 and 1969, Anguilla seceded from St. Kitts and Nevis and became a separate British dependency. The government of St. Kitts and Nevis attained full independence on September 19, 1983. It became a member of the British Commonwealth and Organization of the Eastern Caribbean States (OECS) and the Caribbean Community and Common Market (CARICOM).

Saint Kitts and Nevis Political Structure Legal System: Common Murder: High Prison Rate: High Death Penalty: Yes Corporal Punishment: Yes

Background The islands of St. Kitts and Nevis are located in the Leeward Islands in the Caribbean, approximately 225 nautical miles southeast of Puerto Rico. The two islands have a landmass of 269 square kilometers and a coastline of 135 kilometers. As of July 2006, the population on both islands was estimated to be 42,696 (31,515 on St. Kitts and 11,181 on Nevis). The majority of residents are of African

The federal Parliament is the highest decisionmaking institution in the country. It is located in St. Kitts, although Nevis operates under a local government and has some degree of autonomy. Queen Elizabeth II is the head of the state, and she is represented by a governor-general, whose powers are largely ceremonial. The governor-general acts on the advice of the prime minister and the cabinet and also appoints three senators, two on recommendation of the prime minister and one on the recommendation of the leader of the opposition. The Constitution gives Nevis the right to secede from the federation, and its attempts in 1996 and 2004 to secede failed on both occasions. Some Nevisians believe that Nevis would be better off politically if it took full responsibility for its own affairs. In

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Saint Kitts and Nevis

addition, some Nevisians believe that St. Kitts disproportionally receives most of the economic resources. For example, St. Kitts is the headquarters for many of the businesses in Nevis; cargo entering Nevis is taxed in St. Kitts; and most importantly, most of the economic development takes place in St. Kitts.

Criminal Offenses Crime has become a major problem for the government of St. Kitts and Nevis. In 2007, the Royal St. Christopher and Nevis Police Force recorded 222 crimes against the person, 53 against morality, 1,457 against property, and 120 against lawful authority, for a total of 1,852 crimes committed in that year. In 2007, there were 16 murders, but only 7 were solved. The federation also reported a reduction of 9 percent in the number of crimes committed between 2006 and 2007. Between 2003 and 2007, property crimes constituted 79 percent of all crimes, offenses against person were 11 percent, and offenses against morality were 3 percent. Among major crimes, break-ins and larcenies are the most frequent. In 2007, the following numbers of crimes were reported to the police: Breakings Larcenies Robberies Woundings Malicious damage/arson Firearms and drugs Other

735 407 119 162 115 115 147

Homicide According to the Royal St. Christopher and Nevis Police Force, there were 5 murders in 2002, 10 in 2003, 11 in 2004, 8 in 2005, 17 in 2006, and 16 in 2007. Although crime was down in St. Kitts and Nevis for the ﬁrst six months of 2008 as compared to the same period in 2007, there were already 13 murders in St. Kitts during those 2008 months, sparking a public outcry against gun violence in the country. Even though the number of murders for each year is relatively small, the rate of murder based on population size may be relatively high in comparison to many developed countries. Based on

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the number of murders for the ﬁrst six months of 2008, St. Kitts and Nevis would have a murder rate of 30.4 per 100,000 people.

Sexual Offenses In St. Kitts and Nevis, many sexual offenses, including rape, incest, and unlawful carnal knowledge, require actual sexual intercourse as the material element of the offense. Sexual intercourse is also limited to vaginal penetration by a penis. Several of the sexual offenses apply only to acts committed by men against females and exclude intercourse that is initiated by a woman or a man with young boys. The offenses of rape and unlawful carnal knowledge are, therefore, currently gender-speciﬁc and offer no protection to boys and young men. Regarding child sexual abuse, the criminal provisions that prohibit unlawful carnal knowledge impose a maximum penalty of ﬁve years’ imprisonment for a child under the age 16 but above the age of 14. There is a sanction of life imprisonment for unlawful carnal knowledge of a girl under the age of 14. Rape is an underreported crime everywhere in the world, and high rates of rape reﬂect a very serious problem. According to the Royal St. Christopher and Nevis Police Force, 6 rapes were reported in 2003, 9 in 2004, 11 in 2005, 10 in 2006, and 7 in 2007. It is interesting to note that the offense of rape in St. Kitts and Nevis carries a harsher penalty (up to life imprisonment) than the offense of unlawful carnal knowledge of a girl under the age of 16 but above the age of 14. This clearly indicates a disparity in the punishment for these two offenses. The government has passed a series of laws, including the Law Reform Act, that provide stiffer penalties for rape, incest, sodomy, indecent assault, or any offense involving children. The act also prohibits reporting information that could identify the defendants in sexual offense cases, which is especially signiﬁcant in a small society such as St. Kitts and Nevis where people tend to know each other. According to the United Nations Children’s Fund, sexual offenses in St. Kitts and Nevis account for almost one-third of all cases that were prosecuted in the courts between September 2006 and September 2007.

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A behavioral surveillance survey conducted by the country’s chief medical officer and reported in the Sun St. Kitts Nevis in June 2008 revealed that many children studied in 2005–2006 were introduced to sex as early as age 10. The study, which was conducted among 980 youths aged 15 to 24 years, indicated that the perpetrator was often an adult male acquaintance of the family. The police data also indicated that twice as many girls under the age of 16 in comparison to females over the age of 16 years were the victims of sexual offenses. Many of the perpetrators were high-proﬁle individuals. The Department of Probation and Child Protection Services, as the de facto child protection agency in St. Kitts and Nevis, also collects statistical information on this subject. The United Nation’s Children’s Fund reported that there were 136 cases of child abuse in 2006. Of these, 62 percent were neglect, 20 percent physical abuse, 8 percent sexual abuse, and 10 percent other types of child abuse. However, the data reﬂect only those cases that the agency received and investigated. Given the poor state of reporting by other agencies to the department, there is no centralized data collection, and this, in turn, undermines any accurate assessment of the true extent of child abuse in the federation. The Probation and Child Welfare Board Act of 1994 mandates that certain individuals have a duty to report child abuse cases. Mandatory reporting of child abuse is, therefore, expressly enshrined in the legislation. The provision, however, does not expressly require parents or guardians to report, nor does it address the sanctions to be imposed if there is a failure to report. In addition, the legislation also imposed a limitation period on the prosecution of cases involving unlawful carnal knowledge of girls between 14 and 16. The unlawful conduct must be prosecuted within 12 months after the commission of the offense.

Illegal Drugs Like many countries in the Caribbean, the islands of St. Kitts and Nevis have become transshipment sites for cocaine from South America to the United States. According to the International Narcotics

Control Strategy Report for 2007, drugs are transferred out of St. Kitts and Nevis primarily by small sailboats, ﬁshing boats, and go-fast boats bound for Puerto Rico and the U.S. Virgin Islands. The trafﬁcking organizations, which operate in St. Kitts and Nevis, are linked directly to South American trafﬁckers, some of whom reportedly are residing in St. Kitts. Marijuana is grown locally for consumption and for export. The government officials of St. Kitts and Nevis reported that they seized 29 grams of cocaine and approximately 7.5 kilograms of marijuana and made 105 arrests from January through October 2007. The officials also claimed that they eradicated approximately 6,243 marijuana plants in 2005; 31,000 in 2006; and 161,500 in 2007. According to the government, this ﬁgure does not represent an increase in cultivation, but rather an increase in eradication efforts. The government of St. Kitts and Nevis has made attempts to control the ﬂow of illegal drugs in it territories. In 1996, it developed a ﬁve-year master plan for drug control, which was reﬁned in November 2000. Also in 2000, it passed the National Council on Drug Abuse Prevention Act (NCDAPA), which provides for the prevention and abatement of the misuse and abuse of drugs, the rehabilitation of victims of misuse and abuse of drugs, and a centralized coordination of antidrug activities in St. Kitts and Nevis. The government also established the National Council on Drug Abuse Prevention unit (based on the NCDAPA). This unit is responsible for coordinating demand reduction and drug-related statistical data. It engages in the InterAmerican Uniform Drug Use Data System (SIDUC) and the Uniform Statistical System on Control of the Supply Area (CICDAT). The government also has a drug squad, but its effectiveness is affected by lack of resources. The government has also ratiﬁed the Convention against Transnational Organized Crime and the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials. The most recent amendment to the Firearms Act of 1967 was completed in 2003. National laws, which

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Saint Kitts and Nevis

require that ﬁrearms be marked at time of manufacture and on importation, have been enacted. Drugdemand reduction programs, such as D.A.R.E., Operation Future, and the National Drug Council, are available to schools and society in general. The Florida Association of Volunteer Agencies/ Caribbean Action (FAVA/CA), supported by the State Departments Bureau of International Narcotics and Law Enforcement (INL), carried out in 2002–2003 a successful demand reduction and prevention sustainability program in St. Kitts. There are, however, no drug rehabilitation clinics in the federation, and persons seeking such treatment have to be sent to St. Lucia.

Juvenile Delinquency and Youth Crime Juvenile delinquency is an emerging problem in St. Kitts and Nevis. In 1990, juveniles committed only 1.2 percent of the total number of offenses in St. Kitts and Nevis, but by 1998, this had increased to 17 percent. Juvenile delinquency decreased between 2003 and 2004 but increased signiﬁcantly between 2004 and 2005. According to the police, the most common offenses were crimes against property, with 54 percent in 2003, 66 percent in 2004, 66 percent in 2005, 64 percent in 2005, and 52 percent in 2007. The National Drug Council on Drug Abuse Prevention conducted a national drug survey in secondary schools to determine the prevalence of substance use/abuse among students from levels 8 (average 13 years), 10 (average 15 years), and 12 (average 17 years) throughout the two islands. A total of 1,927 students participated in the survey; 410 (21.3 percent) attended schools on Nevis, and 1,517 (78.7 percent) attended schools on St. Kitts. The results showed that the lifetime prevalence of alcohol, cigarettes, and marijuana was 72 percent, 22 percent, and 17 percent, respectively, and the prevalence of use at the time of the survey was 28 percent, 3 percent, and 4 percent, respectively. The use of alcohol was also more prevalent among the male students than among their female student counterparts, with 78 percent versus 70 percent, respectively. Cigarette usage was 31 percent among males and 16 percent

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among females, and marijuana usage was 23 percent among males and 12 percent among females. Overall, the lifetime prevalence of tranquilizer (3 percent), solvent (3 percent), and cocaine (0.5 percent) use was low. In 2002, a National Youth Tobacco Survey was conducted throughout the federation to assess smoking, exposure to environmental ( secondhand) tobacco smoke, knowledge and attitudes, and other factors that make school children susceptible to tobacco use. The questionnaires were self-administered to 1,756 students, and 1,000 (56.9 percent) participated. Both female (57 percent) and male (43 percent) students, ranging in age from 11 to 17 years, participated. Most of the respondents were from Forms 1 to 4 (age 13 and 15 years). Generally, both boys and girls started experimenting with tobacco at 10 or 11 years old. The security minister of St. Kitts and Nevis, the Honorable Dwyer Astaphan, stated recently that youth gangs and youth-gang violence are major threats to national security in St. Kitts and Nevis and that the causes for youth involvement in gangs and violence needs to be examined. He further pointed out that he had several meetings with youths, including on television and radio, to help the community to understand the impact of the problem. He blamed the gang problem on men who father children but do not take care of them. Moreover, he argued that the problem of crime in St. Kitts and Nevis is related to the closure of the sugar care industry. According to the Honorable Astaphan, the youth gangs in St. Kitts and Nevis are well organized. They sell drugs; are involved in prostitution, extortion, and contract killing; and recruit children eight to nine years old. He pointed out that the strategies to combat this problem are based on aggressive intelligence-gathering and aggressive problemsolving. He also reported that the federation had implemented a number of programs to promote a structured social setting to assist gang members and certain categories of people with their self-esteem and job acquisition. The minister stressed that the local police would enforce curfews for people less than 16 years because there is no need for them to

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be in bars and nightclubs where liquor is sold given that the drinking age is 18 years.

Domestic/Family Violence By far the greatest problem affecting women in St. Kitts and Nevis is the growing number of women who end up dead because of domestic and relationship-related violence. In addition, it is estimated that less than 10 percent of domestic violence incidents are reported to the authorities, and surveys suggest that one in three women have been victims of domestic violence. To address the issue of domestic violence, the government has made an attempt to assist women ﬂeeing from violence by providing “safe homes,” but the period of stay is limited. Often, the very women whom the safe homes are trying to protect refuse to testify against their spouses/partners. This refusal stems from fear of further abuse and the reliance of these women on their abusive partners for maintenance and shelter. Although free legal advice is available, many women are unaware of this service, but there is no legal aid. Because of the small size of the islands, it is very difficult to institute a shelter for women because it may be difficult to maintain anonymity. In 2000, the St. Kitts and Nevis government passed the Domestic Violence Legislation, which criminalizes physical harm, psychological suffering, incest, indecent assault, and rape, but which does not address spousal rape. It provides for penalties of up to EC$13,500 (approx US$5,152) or six months in prison. Penalties include imprisonment for life for statutory rape or incest with someone under 16 and up to 20 years’ imprisonment for incest with a person 16 or older. Although many women were reluctant to ﬁle complaints or pursue them in the courts, the Ministry of Gender Affairs reported 25 cases of domestic violence during 2007. However, there were no prosecutions or convictions for domestic violence during 2007. Special measures have been taken to raise awareness and inform law enforcement officials of the issue of domestic violence. The Ministry of Gender Affairs has offered counseling for victims of abuse and conducted training on domestic violence and gender violence for police officers, officials of ﬁre

departments, nurses, school guidance counselors, and other government employees. In addition, the ministry’s permanent secretary has participated in a weekly radio program to discuss gender issues, including domestic violence. Zero Tolerance and Life Free of Violence campaigns have been launched, and a Women’s Empowerment Conference was held for victims of domestic abuse, as well as abuse counselors. Law enforcement officers have also made positive changes in the treatment of victims of sexual assault. St. Kitts and Nevis is presently contemplating the establishment of a Family Court, speciﬁcally to deal with family matters.

Responses to Crime The government of St. Kitts and Nevis has recognized the seriousness of crime and violence and is exploring policy responses at the national level to address the problem. The approach in both islands has been between law enforcement and preventive measures, with the majority of government programs falling into the ﬁrst category. The government has developed a zero-tolerance approach to crime. This approach allows law enforcement officers, who might otherwise exercise their discretion in making subjective judgments regarding the severity of a given offense, to impose a predetermined punishment. The zero-tolerance approach includes ongoing patrols in areas known for high criminal activity, the maintenance of high police presence in vulnerable areas, and random stops and searches. The St. Kitts and Nevis federal cabinet has recently pledged the necessary ﬁnancial support for more anticrime initiatives. The federation is also planning to implement a closed circuit television program, where a number of cameras would be erected in some sensitive areas so that people will understand that what they do will be seen. There are also plans to establish a forensic lab in the federation so that it could service the Northeastern Caribbean and end dependence on Barbados, Trinidad, Jamaica, and the U.S. Federal Bureau of Investigation. The government also wants to establish a Police Development Center, which will train not only enlisted officers but also recruits and members of private security ﬁrms.

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Saint Kitts and Nevis

The government has also enhanced technical and managerial training to its police officers and has introduced community policing. It has intensiﬁed the search and stop activities of the security forces and has stiffened the penalties for criminal activities, especially with respect to gun-related crimes. The government also intends to solicit technical assistance from the government of Canada with a view to further strengthening the managerial, as well as the crime prevention and crime detection, capabilities of the security forces. The St. Kitts and Nevis government recently sponsored a resolution on crime and violence at the General Assembly of the Organization of American States (OAS) in Medellin, Colombia. The resolution, which was cosponsored by the CARICOM States and supported by all member states of the Western hemispheric body, places the issue of crime and violence squarely on the agenda of the OAS, which has now resolved to take certain actions regarding the increased crime rate in the region. The St. Kitts and Nevis minister of foreign affairs, Dr. Timothy Harris, who presented the resolution, highlighted the necessity for a criminal justice–focused approach in particular circumstances and the importance of a preventive public health approach in ﬁghting crimes. He argued that the public health approach does not replace criminal justice and human rights responses to violence but rather complements their activities and offers them additional tools and sources of collaboration.

Finding of Guilt The St. Kitts and Nevis Constitution basically outlines the criminal justice process and the basic rights and freedoms of residents of the islands. The present Constitution came into effect in 1983 when the two countries became independent.

Police The St. Kitts and Nevis Police Force consists of 370 officers (72 officers in Nevis), with 27 auxiliary members. Police may arrest a person based on the suspicion of criminal activity, and warrants are not required. The law requires that persons detained be

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charged within 48 hours or be released. If charged, the police must bring a detainee before a court within 72 hours. When a person is arrested or detained, that person should be informed of reasons for his or her arrest or detention within 48 hours. There have been several incidents of questionable police conduct in St. Kitts and Nevis. For example, in 2007, the police shot and killed two persons in two separate incidents. In June 2007, the police also shot and wounded one man who reportedly attacked the police and another man when he attempted to run away from them. In July 2007, four defendants, who were on trial for robbery, accused a police officer of abusing them during police custody. The police allegations and the case were deferred to the 2008 court session because the case ended in a hung jury. In December 2007, the Police Disciplinary Tribunal found Constable Alister Huggins guilty of “discreditable conduct” for stealing money during a search at a Rastafarian community. The tribunal sentenced Huggins to be conﬁned to barracks for 28 days, and he faced criminal charges at year’s end. According to the U.S. Department of State, in 2007, senior police officers investigated 170 complaints against the police. Of these, 3 cases were dismissed, 35 cases resulted in warnings, 12 were deemed false or unproven, 4 were withdrawn, and, as of 2008, 20 were pending action, and 96 cases were still under investigation.

Rights of the Accused The judicial system is modeled on the British system, and its jurisprudence is based on English common law. The court system is composed of one high court and four magistrates’ courts at the local level, with the right of appeal to the Eastern Caribbean Court of Appeal. Final appeal may be made to the Privy Council in the United Kingdom. Free legal assistance is available for indigent defendants in capital cases only. The federation has a bail system, and family members, attorneys, and clergy are permitted to visit detainees regularly. The St. Kitts and Nevis Constitution outlines the rights of the defendants in the court. Every person accused of a crime must receive a fair, speedy, and public trial, and these requirements generally are

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observed. The length of remand varies according to offense and charges; persons may be held for days, weeks, or months. The Constitution also states that a person who has been found guilty or been acquitted of a crime cannot be tried a second time except on the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal. The Constitution also indicates that a person cannot be tried for a criminal offense if he or she shows that he or she has been pardoned for that offense. A person who is tried for a criminal offense shall not be compelled to give evidence at the trial. According to the U.S. Department of State, at the end of 2007m there were 26 prisoners in pretrial detention and 34 waiting a preliminary inquiry.

Punishment Typical Punishment In the past, the federation offered very few alternatives to incarceration. However, in December 2003, the legislature empowered the courts to pass noncustodial sentencing such as discharges, suspended sentences, probation orders, and community service orders. Probation has been used for juveniles and adults for crimes such as carrying an offensive weapon or wounding with intent. The court also can order, as a condition of probation, for a juvenile to observe a curfew. Fines are used for such offenses as possession of cannabis, and failure to pay the ﬁne would result in imprisonment of several months based on the quantity of illegal drugs. Fines are also used for disorderly conduct by ﬁghting, being armed with an offensive weapon, or driving under the inﬂuence of liquor. In St. Kitts and Nevis, corporal punishment is legal; a court can order that an accused person receive lashes if found guilty. In fact, in November 2007, the court sentenced a 12-year-old boy found guilty of possessing an illegal ﬁrearm to receive 10 lashes as punishment.

Prisons There are two prisons in the federation. Prison conditions are generally poor and severely overcrowded. The prison on St. Kitts, which was built in

1840, and the low-security prison in Nevis are often overcapacity, forcing some prisoners to sleep on mats on the ﬂoor. The government permits prison visits by independent human rights observers. In addition, the Ministry of National Security has appointed “visiting justices” who volunteer to oversee the treatment of prisoners. The prisons offer voluntary work and educational programs to the prisoners, but resources remain limited. The prison staff periodically receives training in human rights. In 1994, 150 inmates set ﬁre to the prison, and many escaped, forcing the government to call for help from the regional security and police forces to restore order and capture the escapees. Female inmates are segregated from male prisoners. Likewise, pretrial detainees and juveniles are held separately from convicted prisoners and constituted less than 1 percent of the prison population in 2007. Prisoners are required to work if their sentence was more than 30 days and stipulated “hard labor.” They received a small stipend for this work, paid upon discharge. The prison in St. Kitts, which is designed to hold 150 prisoners, held 182 prisoners on October 31, 2007. Likewise, the prison in Nevis, which is designed to hold 20 prisoners, held 44 inmates by October 31, 2007. According to the International Centre for Prison Studies (ICPS), the rate of imprisonment in St. Kitts and Nevis was 295 per 100,000 population in 1995, 288 in 1998, 441 in 2001, 559 in 2004, and 588 in 2007. Moreover, based on these rates of incarceration in St. Kitts and Nevis, ICPS argued that the federation ranked third in the world, behind United States and Russia, for 2007, with 751 per 100,000 population and 613 per 100,000 population, respectively.

Death Penalty The death penalty is still in use in St. Kitts and Nevis. In April 2004, the government tried, convicted, and sentenced to death, by hanging, a convicted murderer. Prior to that, the last hanging took place in July 1998. The use of the death penalty by the government of St. Kitts and Nevis has been strongly criticized by Amnesty International.

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Janice Joseph

Saint Lucia

Further Reading Caribbean Net News: http://www.caribbeannet news.com.

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United Nations Office on Drugs and Crime. (2003, July). Federation of St. Kitts and Nevis National Report: http://www.unodc.org/pdf/barbados/st_ kitts_and_nevis_2002.pdf.

repeatedly fought over by the French and English during the 17th and early 18th centuries. As a result of these continual conﬂicts, the island’s possession changed hands 14 separate times. Finally, St. Lucia was ceded to England in 1814. On March 1, 1967, St. Lucia became an Associated State of Great Britain, which brought with it the right to oversee internal affairs while the country’s defense and foreign affairs would still fall within Britain’s responsibility. This system remained until February 22, 1979, when St. Lucia became an independent member of the Commonwealth of former British Empire Territories.

U.S. Government of State. (2007). Background Note: Saint Kitts and Nevis: http://www.state. gov/r/pa/ei/bgn/2341.htm.

Government

Federation of Saint Kitts and Nevis Constitutional Order. (1983). http://www.constitution.org/cons/ stkitts-.htm. The Royal St. Kitts and Nevis Police Force: http:// www.police.gov.kn.

Saint Lucia Legal System: Civil/Common Murder: High Corruption: Low Prison Rate: High Death Penalty: Yes Corporal Punishment: Yes

Background The island of St. Lucia is a Commonwealth located in the Caribbean Sea, north of Trinidad and Tobago. It has a total area of 616 square kilometers, and the population is about 160,267. The majority (82.5 percent) of residents are black, with another 11.9 percent classiﬁed as mixed. The remaining 5.5 percent of the population consists of East Indian residents or others who have not been speciﬁed. English is the official language of the nation, but French Patois is also spoken. To this day, the history of St. Lucia seems to be up for dispute. It was believed for a long time that Christopher Columbus was the ﬁrst European to land at St. Lucia, but that claim has since been disproved. The one undisputed fact about St. Lucia and its history is that the ﬁrst attempt at settlement by Europeans occurred on August 23, 1605. The island remained in ﬂux for centuries, as it was

St. Lucia is a parliamentary democracy. Queen Elizabeth II serves as the country’s head of state and is represented by a governor-general, whom she appoints. Most of the power in the country is held by the prime minister and the cabinet, who usually represent the majority political party. The Parliament of St. Lucia has two houses, a 17-member House of Assembly and an 11-member Senate. St Lucia’s judicial system is independent of its political system. District courts and a high court constitute the legal system of the country. District courts are known as the courts of summary jurisdiction. These bodies have criminal and civil authority, although they handle only petty offenses and civil matters up to roughly XCD$1,850 (approx. US$690). The High Court has unlimited authority in criminal and civil matters. Appeals from these lower courts are sent to Eastern Caribbean Court of Appeals, and if a case cannot be resolved there, it is then sent to the Judicial Committee of the Privy Council in London, which serves as the court of last resort.

Police The Royal Saint Lucia Police Force is the only security force within the country. The force has a northern and a southern division, with a total of 13 police stations located around the island. As of September 2003, 947 officers were employed by the force. Although St. Lucia lacks a military, there is a Special

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Services Unit of the police force that receives paramilitary training and a coast guard unit.

Crime Classification of Crimes St. Lucia’s original criminal code was written in 1920 but was revised as recently as 2004 to serve the current times. Sections within the code include Offenses against the Person (homicide, assault, sexual offenses), Offenses against Property (theft, forgery, bankruptcy fraud, extortion, damage to property), Offenses against Public Order (treason, libel, and intimidation), Offenses against the Administration of Justice (contempt of court or fabricating false evidence), and summary offenses (stealing something valued at less that XCD$500 [approx. US$187] or wasting of police time). Crimes within these sections can be either indictable or summary offenses, but one must ﬁnd the offense within the code to determine what sentence is appropriate. In addition, arrest and bail, search and seizure, trials, appeals, punishment, imprisonment, ﬁnes and compensation, pardon, remission, and reward are also covered within the code.

Crime Statistics The country makes annual crime statistics available through the Royal St. Lucia Police’s Web site. As of late May 2009, crime statistics were available about all crimes island-wide that had been reported to the police from 2000 until 2007. According to this information, no capital murders were reported to the police in 2007. Additionally, 27 noncapital murders were reported, with 25 of them accepted by the police for investigation; 17 were solved, leading to a 68 percent clearance rate for noncapital murders. Thirteen males were apprehended for noncapital murder, and only three females were arrested for the same crime. In the same time period, 77 rapes were reported, with 69 accepted by the police and 18 of them solved, resulting in a 26.08 percent clearance rate for rape in 2007. All 12 individuals who were arrested for committing rape were males. Armed robbery statistics show a different picture regarding crime in St. Lucia. In 2007, 72 armed robberies were reported, with 70 of them being accepted

for investigation. According to the available statistics, only 2 robberies were solved for the entire year. The resulting clearance rate was only 2.8 percent. Contrary to robbery, cocaine trafficking has been handled much more effectively by the police. All 14 cases that were reported were also accepted for investigation and solved. It is also interesting to note that of the 17 individuals who were apprehended for trafﬁcking, 6 of them were women, compared to 11 men. St. Lucia’s Royal Police had 12,145 total crimes reported to them in 2007, with 11,454 accepted for further inquiry. The total clearance rate was reported as 34.35 percent. The most frequent crime that was reported within the country was stealing, with 1,774 cases reported and 1,677 accepted.

Finding of Guilt Rights of the Accused The Constitution of St. Lucia outlines the fundamental rights and freedoms of citizens. All citizens who are accused of a crime are to be presumed innocent until they are proven guilty. The accused have the right to a fair hearing within a reasonable time by an independent and impartial court that has been established by the law. Following arrest, they should be informed as soon as reasonably practicable in language that they understand regarding the charges against them. Adequate facilities and time shall be given to the accused to prepare their defense. Despite this right, the criminal code states that one has a right to state-appointed counsel only in capital murder cases. In all other cases, accused persons are allowed to either represent themselves or hire their own attorney. Also, there is the right to examine witnesses presented by the prosecution and to have witnesses to testify on the behalf of the accused. An interpreter will be provided by the state if such services are required. The accused has a right to be present at trial, unless the offender’s presence would hinder the ability of the court to determine guilt. If acquitted, a person cannot be tried for the same crime twice. Additionally, one does not have to be a witness against oneself during a trial. Court proceedings are open to the public; however, the court may close

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Saint Lucia

proceedings if a public trial would prejudice justice, would harm public morality, would harm the private lives of the parties involved, involves persons under 18, or is related to defense, public safety, or public order. If any question arises in court about the proceedings, the presiding judge may refer the case to the High Court of St. Lucia. The criminal code states that every case involving an indictable offense that is decided before the court shall be tried and decided by a judge and a jury. The accused has the right to remain silent, which cannot be used against the offender in the determination of guilt or innocence. Offenders are advised of the rights under section 589 of the criminal code, which allows

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them to meet with a legal practitioner. Accused persons also have the right to have an attorney present during the questioning, but that right can be waived.

Punishment Types of Punishment Capital murder in St. Lucia is punishable by death. Those under the age of 18 cannot be put to death if they are found guilty of capital murder. An offender who commits noncapital murder either can be imprisoned for life or can be sentenced to death under certain circumstances. For instance, if the convicted offender has previously been found guilty of another

Francis Phillip, left, and Kim John react to a judge’s sentence of death by hanging, St. Lucia, April 30, 2003. The two men were charged with murdering a St. Lucian priest and an Irish nun during an attack on a church, in which they doused parishioners with gasoline and set them alight. (AP Photo/Timothy James) © 2011 ABC-Clio. All Rights Reserved.

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murder, he or she can be sentenced to death. Also, if the offender is found to be guilty of more than one murder during the same crime, he or she also can be sentenced to death. Despite the death penalty’s continued mention within the criminal code, the United Kingdom outlawed the death penalty in all of its territories, including St. Lucia. Now the death penalty occurs only if a rare case arises. The punishment for rape can be life imprisonment. The criminal code of St. Lucia states that if a husband or wife commits rape against his or her spouse, the offender can be sentenced to up to 14 years in prison. Anyone under the age of 12 cannot be found guilty of rape. Punishment for robbery and burglary can be up to 20 years in prison. If an offender is found guilty of having committed aggravated burglary with a ﬁrearm, an imitation ﬁrearm, any weapon of offense, or an explosive, they can be sentenced to life imprisonment. St. Lucia prohibits the use of torture or other cruel, inhumane, and degrading forms of punishment. Additional forms of punishment include ﬁne, probation, or an extramural sentence where the offender works under the supervision and control of a public authority. Curfew orders can be placed on individuals so that they are required to be at certain locations at certain times. Also, a subsection of the criminal code is devoted to combination orders, where the offender is put in a probation program and required to serve an extramural sentence. When children are tried summarily in noncapital cases, they are subject to a maximum prison term of six months, or a XCD$500 (approx. US$187) ﬁne.

Prisons St. Lucia has one prison, the Bordelais Correctional Facility, which is located near Dennery, on the eastern part of the island. The International Centre for Prison Studies reported that as of September 2005, the total prison population of St. Lucia was 503. The operating capacity of the prison is listed at 500, giving the impression that the prison is crowded. Only 1.7 percent of the prison population is female, and a juvenile training school reported having

14 juveniles under the age of 18. Finally, the prison population rate was reported to be 303 per 100,000, a high ﬁgure. Frank Hemming Further Reading Government of St. Lucia: http://www.stlucia.gov.lc. Permanent Mission of St. Lucia to the UN. (n.d.). History of St. Lucia: http://www.un.int/stlucia/ consularservices/history.htm. Royal St. Lucia Police Force: http://www.rslpf.com.

Saint Vincent and the Grenadines Murder: High Corruption: Low Prison Rate: High Death Penalty: Yes Corporal Punishment: Yes

Background The country of St. Vincent and the Grenadines is part of the Windward Islands that make up the archipelago surrounding the Caribbean Sea. St. Vincent is the largest of more than 30 islands that make up the nation, covering roughly 390 square kilometers (150 square miles). The Grenadines extend 72 kilometers (45 miles) to the southwest, like a kite’s tail. Throughout this entry, references will be made to St. Vincent, which includes all of these Grenadines islands, unless otherwise speciﬁed. According to the United Nations, the population is estimated at 120,000, with about a quarter of the people living in the capital, Kingstown, and its suburbs and 8 percent living on the Grenadines. St. Vincent has a high rate of migration, and population growth remains a major problem. The ethnic mix consists of 66 percent African descent, 19 percent mixed race, 2 percent Amerindian/black, 6 percent East Indian, and 4 percent European. St. Vincent is one of the 53 member states of the Commonwealth Caribbean, an association of countries that were once part of the former British

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Saint Vincent and the Grenadines

Empire. The country is governed by a constitutional monarchy and representative democracy. Queen Elizabeth II is head of state, and she is represented by a governor-general. The legislature is unicameral, with a House of Assembly of 21 members. The leader of the majority party in the House of Assembly becomes prime minister and selects and heads a cabinet.

Crime Crime Classifications Offenses are classiﬁed as triable only on indictment in the High Court, triable only summarily in the magistrates’ courts, or triable either way. Summary offenses are comparatively less serious crimes, such as motor vehicle offenses and common assaults. All summary offenses are made by statute. Offenses triable only on indictment are very serious matters that include murder, rape, robbery, and wounding with intent. Offenses that can be tried either way include burglary, assault causing actual bodily harm, and other offenses of relative seriousness depending on the facts. Theft, for example, can range in seriousness depending on the value of the item stolen or the circumstances surrounding the theft.

Crime Statistics Newspaper reports provide irregular reports of crime data, focusing mainly on murder, assaults, wounding, burglaries, and theft. According to The Vincentian, the total number of crimes reported to the police was 10,228 in 1997 but 7,096 in 2007. Two types of crimes that seem to cause the most concern are homicide and rape. Media from the island and external sources suggest that the increase in homicides on the island is of an unacceptable proportion. The regional Caribbean newspaper cited in several articles that 25 homicides took place in 2005, compared with 12 in 2003. Official statistics available from the World Health Organization showed that St. Vincent had a homicide victimization rate of 13 per 100,000 people in 2002, which was higher than the world average for that time and higher than many other Caribbean nations.

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The other high-volume crime in St. Vincent is rape. Newspapers report tourists being raped, and even the prime minister has been accused of rape. A local human rights group called the St. Vincent and the Grenadines Human Rights Association (SVGHRA) reported that the police investigated 50 cases of rape in 2006 and 47 in 2007. According to their report, in 2007 there were an additional 8 cases of attempted rape, and of the 47 cases investigated, 18 went to trial. Rape, including spousal rape, is illegal in the country, but domestic violence is not criminalized. The Domestic Violence (Summary Proceedings) Act of 1995 provides protection for victims, and cases involving domestic violence are normally charged under assault, battery, or other similar laws. However, access to the legal protection of the courts is limited for the majority of women who are poor. Additionally, the SVGHRA reported that the police generally ignored complaints of domestic violence. Despite the reluctance to involve the police or to press charges after making a complaint to the police, victims can seek assistance from the Gender Affairs Division of the Ministry of National Mobilization, as well as social development and nongovernmental organizations (NGOs). These agencies provide referral and information services to victims. There are no battered women’s shelters in St. Vincent. The Marion House, an NGO, deals with issues relating to domestic violence and sometimes takes in victims, but by no means can it respond to the general needs of domestic abuse victims. There are no halfway houses, and victims usually rely on family members to help them escape abusive situations.

Drugs and Money Laundering The U.S. State Department International Narcotics Control Strategy report for 2008 stated that St. Vincent both produces a lot of marijuana and has a lot of marijuana users. Efforts have been made to tackle marijuana cultivation. The report also stated that officials seized 1,559.7 kilograms of marijuana, arrested 335 persons on drug-related charges, and convicted 257. The sale of cocaine as an illegal drug, more than its use, is another area of

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concern for the country because it forms part of the south-to-north drug import-export chain. A report of the United Nations Children’s Fund provided data suggesting that marijuana was the drug of choice among young people aged 14–19 in St Vincent. Although the report did not provide any data for the number of children involved in illegal drug use, it stated that from 1998 to 2003, 14 children under 15 years and 265 aged 15–19 were arrested for possession of drugs. The report also stated that only 20 of the young people arrested were girls. The country is party to many international conventions in the ﬁght against drug misuse, including the 1961 United Nations (UN) Single Convention as amended by the 1972 Protocol, the 1971 UN Convention on Psychotropic Substances, the 1988 UN Drug Convention, and the Inter-American Convention against Corruption. St. Vincent has also signed, but not ratiﬁed, the Inter-American Convention against Trafficking in Illegal Firearms, the Inter-American Convention against Firearms, and Inter-American Convention against Terrorism. The country has taken steps to curb money laundering, and the Financial Action Task Force (FATF) on Money Laundering, a Caribbean intergovernmental body dedicated to tackling the issue, has removed St. Vincent and the Grenadines from its list of noncooperative countries. Progress has been made in combating money laundering in recent years, in part as a result of measures to block terrorist ﬁnancing. The FATF has been a major factor in Caribbean countries improving their policies to combat money laundering. The country has also established an International Financial Services Authority Financial Intelligence Unit (FIU), as the regulatory body that registers and licenses international ﬁnancial entities and practitioners. The FIU was established in 2002, and it functions as a specialist agency to receive and analyze any suspicious transaction reports of money laundering and to investigate money laundering and other serious ﬁnancial crimes. It plays a key role in ensuring that the ﬁnancial services sector is not facilitating terrorism and money laundering activities. All ﬁnancial institutions must abide by the Proceeds of Crime and Money Laundering Act, 2001.

Finding of Guilt The criminal justice system in St. Vincent relies on four main agencies: the police, prosecution, courts, and prisons. As in other English-speaking Caribbean countries, the judiciary in St. Vincent is rooted in English common law. Hence, the criminal justice proceedings have much in common with the English system based on the adversarial principle that requires the police to identify a suspect from the evidence available and, if there is sufficient evidence against the person, to prosecute that person and establish the person’s guilt.

Policing The criminal justice process commences when an arrest is made by the police. Generally, the police have the power to arrest, to enter private premises to make an arrest, to search and seize a person who is arrested, and to stop and question persons in the course of an investigation. The person arrested is entitled to be informed of the reason for his or her arrest. The reason for arrest has been given statutory recognition in the fundamental human rights sections of the St. Vincent’s Constitution, so the person also has the right to an attorney. In St. Vincent, the police may arrest without warrant any person found committing an offense punishable by imprisonment, but a private citizen may only do so if the offense carries a penalty of at least three years in prison. There are not many private citizens’ arrests recorded in the country. The Royal St. Vincent and the Grenadines Police Force is made up of six police divisions, and there are 22 police stations throughout St. Vincent and the Grenadines’ population centers. It is the only security force in the country, and it includes a Coast Guard, a small Special Services Unit with some paramilitary training, and the Fire Service. There are approximately 850 members of the police force, all of whom are law enforcement officers who could be rotated among the various parts of the force. The police report to the minister of national security, a portfolio held by the prime minister. The government operates an Oversight Committee to monitor police activity and hear public complaints

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Saint Vincent and the Grenadines

about alleged police misconduct. The committee reports to the minister of national security and to the minister of legal affairs and actively participates in investigations. Allegations made by the SVGHRA suggest that there is a high percentage of convictions based on confessions. The association asserted that most confessions, including false confessions, resulted from unwarranted police practices, including the use of physical force during detention, illegal search and seizure, and failure to properly inform those arrested of their rights. It complained that on the whole, the government failed to adequately investigate allegations of abuse or punish those police ofﬁcers responsible for such abuses. Figures obtained from SVGHRA indicated that there were 101 incidents of questionable police misconduct in 2006 and 2007, 69 of which were assaults, 14 of which were charges of disrespect, and 28 of which were negligence, harassment, or threats. The SVGHRA reported that police officers investigate all such complaints and submit their ﬁndings to the police commissioner. By the end of 2007, authorities had brought disciplinary charges against six police officers, and in 2006, only one officer had charges brought against him. One matter in 2007 was referred to the director of public prosecution (DPP), whereas all others were reported as hearings pending or still under investigation as of 2008. The SVGHRA also commented on the situation of arrest and detention, indicating that the police apprehended persons openly, and detainees were allowed to seek judicial determinations of their status after 48 hours if not already provided. They found that the bail system was generally effective. The association reported that most detainees were given prompt access to counsel and family members, although in some instances, access delays occurred.

The Director of Public Prosecution (DPP) The Constitution outlines the post of the director of public prosecution (DPP) as having the power to institute and undertake criminal proceedings against any person before any court other than a court-martial in respect of any offense against the

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law. The DPP can take over and continue at any point in criminal proceedings that may have been instituted by any other person or authority. The DPP can discontinue at any stage before judgment is delivered any such criminal proceedings by any other person or authority. Although these provisions seem to give the DPP full control over criminal proceedings, there are speciﬁc limitations to that power. The minister heading the Ministry of Legal Affairs, who is elected or nominated by the ruling political party and who is also the attorney general (AG) in St. Vincent, may exercise some control over the Ofﬁce of the DPP. Although the AG may have more or less administrative powers of control over the DPP, the DPP still acts independently in the actual control of criminal proceedings. In St. Vincent, the privilege of charging an offender lies within the domain of the police, but the DPP is in charge of all prosecutions.

Courts The Constitution provides for an independent and impartial judiciary, and the government respects this provision in practice. There are 13 courts in three magisterial districts on the mainland of St. Vincent and scattered on some of the major smaller islands. The Lower Judiciary includes the magistrates’ courts and the family courts, with the High Judiciary consisting of the High Court and the Court of Appeal. Appeals can be made through the Eastern Caribbean Supreme Court. The court of last resort is the Judicial Committee of the Privy Council in London. All of the Lower Judiciary is located in St. Vincent, including the family courts, which are juvenile courts and courts of summary jurisdiction for domestic violence matters. These are the courts through which many sexual offenses are dealt with at the preliminary stage. They are also the forum where the majority of child custody cases and their maintenance matters are heard. Of the High Judiciary, the High or Supreme Court is called the Eastern Caribbean Supreme Court, which was established in 1967 by the West Indies Associated States. It is a superior court of

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record for nine member states, namely Antigua and Barbuda, Dominica, Grenada, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, and three British overseas territories: Anguilla, the British Virgin Islands, and Montserrat. The Eastern Caribbean Supreme Court has unlimited jurisdiction in the member states, in accordance with the respective Supreme Court acts. The Courts Order empowers the chief justice and two judges of the Supreme Court, selected by the chief justice, to make rules of court for regulating the practice and procedure of the Court of Appeal and the High Court. Additionally, national legislation in the countries served by the court confers rulemaking authority on the chief justice in relation to matters outside the Court of Appeal and the High Court. One judge of the Supreme Court resides in St. Vincent. Prior to 2003, the court of ﬁnal appeal, particularly in the matter of the capital offense of murder, which carries the death penalty, was the Judicial Committee of Her Majesty’s Privy Council in London. The establishment of a regional judicial tribunal—the Caribbean Court of Justice (CCJ)—is designed to be more than a court of last resort for member states of the Caribbean. It is vested with an original jurisdiction over the interpretation and application of the Treaty Establishing the Caribbean Community. In effect, the CCJ is designed to exercise both an appellate and an original jurisdiction. Even though only a minority of defendants qualify for jury trial, the jury system remains the cornerstone of the criminal trial in St. Vincent, as in all the Commonwealth countries. To qualify as a juror, a person must be an adult and a resident or citizen and must satisfy other requirements as stated for jury service. The number of jurors that make up a jury in St. Vincent is 9 in the trial of a noncapital case and 12 in the trial of a capital matter. In St. Vincent, the period of limitation for all offenses where the punishment is only by ﬁne or imprisonment for 6 months or less is, except if longer times are speciﬁcally provided, 12 months from the date the matter arose or when it came to the knowledge of a competent complainant. This means that a summary offense, if committed against a child or otherwise incapacitated person, could still be

prosecuted outside the limitation time if it was brought to the attention of a “competent” complainant, such as a parent, after 12 months from the date of the incident. This would indicate a speciﬁc protection for young and other incapacitated persons in the country’s criminal legislation.

Magistracy Similar to the adversarial system in the United Kingdom, St. Vincent sees the majority of activities of due process taking place in the magistrates’ courts. Unlike British jurisdictions, magistrates, not justices, sit in the magistrates’ courts in St. Vincent. The magistrate is usually a trained lawyer who sits as a one-person tribunal and is the judge of both fact and law in the summary courts. Issues surrounding jurisdiction, including district boundaries, are regulated by the St. Vincent Magistrates Act, which also sets the period of statutory limitations for prosecution of summary offenses. The St. Vincent government magistracy is concerned with the dispensation of justice in the hearing of criminal, quasi-criminal, and civil matters summarily in the three magisterial districts. The department is also concerned with the holding of preliminary inquiries, coroner’s inquests, and liquor license sessions. There are ﬁve magistrates attached to the magistracy. It is also worth noting that it was only in 2007 that a private lawyer was appointed as a special coroner to deal speciﬁcally with coroner’s inquests. As stated earlier, there are two levels of court system in St. Vincent, and broadly speaking, it is the seriousness of the offense that determines the distribution of cases between the magistrates’ courts and the High Court. In the High Court, offenses are triable only summarily, and in the magistrates’ courts, they are triable either way. St. Vincent statute provides that some indictable offenses in given circumstances may be tried summarily in the magistrates’ courts. These are usually referred to as matters “triable either way.” All summary offenses are tried in the magistrates’ courts. However, there are four instances in which indictable offenses may be tried summarily in St. Vincent. The ﬁrst is where the offenses are “scheduled” or speciﬁed by statute. The second is

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Saint Vincent and the Grenadines

where the offense itself may be charged indictably or summarily. The third is where the inquiring magistrate feels that the evidence established a summary offense of a “like kind.” The fourth is where a juvenile (usually a person under 16) is charged with a noncapital offense. Generally, all matters of various types (e.g., traffic, criminal, civil, application for liquor licenses) are heard in magistrates’ courts.

Family Court Family courts are presided over by a judge, called the president, who effectively also serves as a magistrate when called on to do so. The jurisdiction of the family courts is much broader than a juvenile court. Most of the matters that come before the courts pertain to the maintenance of children and spouses, domestic violence cases, custody or access to children, matters involving juveniles, and sexual offenses. They also handle criminal cases for minors up to age 16, which is the age used to describe a “child” or “young person.” Although the legal minimum age for criminal responsibility is eight years, the St. Vincent Juveniles Act makes provisions for certain special procedures for arraigning and trying juveniles who commit offenses. There are special procedures before, during, and after trial. For example, a juvenile who is detained in a police station must be kept separate from adult prisoners and should be released into the care of a parent or guardian if he or she cannot be brought before a magistrate immediately or for any offense not involving homicide or other grave crime, or this would defeat the ends of justice. If a juvenile is not released on bail, he or she must be remanded in a children’s home or other place of detention that is not a prison. Juvenile justice does not occur without its problems. Key among them are that juvenile justice protections are not afforded to all persons under age 18, public perceptions are negative, and facilities for young people are inadequate. Low status and priority undermine the effectiveness of family courts in the region, and in St. Vincent, the status of the court is that of an inferior court. Public perception holds that juvenile crime is a serious problem, and the solution is thought to be harsh punishments.

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A UNICEF study noted that in many of the states in the region, including St. Vincent, there are no remand facilities for juveniles. If they are not released on bail, they are remanded in police stations, where they sleep on benches in full view of the general public and other adult detainees. These issues remain unresolved; however, it is fair to state that juvenile justice is much less adversarial and is in fact structured, if not in reality, more along the lines of a social welfare ethos.

Punishment Types of Punishment Sentencing options range from absolute discharge to the death penalty. The most common forms of sentences are ﬁnes, probation, or imprisonment. Sentencing maximums vary depending on whether the procedure is indictable or tried summarily. Generally, summary offenses carry a maximum penalty of six months’ imprisonment or a suitable alternative ﬁne. The jurisdiction speciﬁes an increased sentence where an indictable offense is tried summarily. This is particularly the case with such offenses as possession of illegal narcotics, trafficking in illegal narcotics, and illegal possession of ﬁrearms, all of which are subject to special provision in statute. The maximum penalty for any possession of illegal drugs charge is ﬁve years or EC$15,000 (approx. US$5,725), and the court even has discretion to send the matter for sentence to the High Court if it feels that heavier punishment is necessary. In St. Vincent, the power of absolute discharge is contained in the Probation Act and so is open for use by a judge. Probation is a kind of supervisory sentence that is used more for juvenile than adult offenders, although there is no prohibition on its use for adult offenders. Since the passage of the original probation legislation, statutes have been introduced to provide for combination orders consisting of community service and probation orders or other forms of community sentencing and probation. Common forms of sentencing include probation, community services (if the offender is an older juvenile), being placed on a bond, and ﬁnes. Many juvenile offenders are also recommended for counseling. There appears to be no organized supervision

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when juveniles are carrying out community service activities and no programs other than counseling to rehabilitate young offenders. Probation orders ought not be for more than three years, and if the order is breached during that time, the defendant will be brought before the court for sentencing in accordance with statute. In St. Vincent, probation is permitted instead of punishment and also without any conviction being recorded, but the latter is only for cases that are treated summarily. Corporal punishment is part of the law of St. Vincent (i.e., the ﬂogging with the cat-o’-ninetails or a whipping with a tamarind or birch rod). Corporal punishment is not prohibited in the home, in schools, or in alternative care settings but is permissible in the penal system both as a sentence and as a disciplinary measure. However, there is no report of its use as a sentence in recent times, since 1997 when in the case of Peters v. Marksman, the High Court of St. Vincent and the Grenadines declared that it was not justiﬁable and enforceable in international laws. The court found that ﬂogging with the cat-o’-nine-tails in St. Vincent violated article 1 of the UN Declaration on the Prevention of Crime and Treatment of Offenders. The family court may order corporal punishment for a child, but this has not occurred during the tenure of its last president whose contract was not renewed in 2006. Very serious offenses such as possession or trafﬁcking of narcotics, possession of ﬁrearms, rape, and murder attract very long sentences of imprisonment. In the case of rape, the sentence could be 8 to 10 years and a possible sentence of life imprisonment, although this is rare. In the case of murder and treason, there is a mandatory sentence of the death penalty. St. Vincent’s political policy is still very much in support of the death penalty even though the last sentence of death by hanging was executed on the February 13, 1995.

Prison Imprisonment is the usual mode of punishment for an offender convicted of an indictable offense. The prison rules specify that an offender earns an almost automatic remission of up to one-third of any term

of imprisonment to which he or she is sentenced. For example, an offender sentenced to 36 months in prison may serve only 24 months, unless he or she forfeits the remission by bad conduct. St. Vincent has two prisons, one for males and another for females. In January 2006, the government opened a new facility called the Belle Isle Prison Farm that allows inmates to learn and work on the farm on a daily basis. The male establishment is called Her Majesty’s Prison and was built in 1872. It is a walled prison, situated in the center of Kingstown, the country’s capital. It is bounded on the south by the yard of the High Court and on the west and east by a densely populated residential and business area. The government claims that the prison was initially built to house 70 prisoners, but after renovations, it can hold up to 300 inmates. The female prison is situated at Fort Charlotte, which is two miles from the male prison. The building that is used to house the female prisoners was originally used as a garrison. Its official capacity is 50 female prisoners as stated by the International Centre for Prison Studies (ICPS). For the past three years, there has been an average of 10 inmates accommodated in the female prison. Prison conditions are poor. Reports have indicated that the antiquated buildings, overcrowding, and poor sanitation cause serious health and safety problems. A 2001 prison report from the SVGHRA indicated that the main prison was ridden with crime due to endemic violence and cited understaffing, underpaid guards, uncontrolled weapons and drugs, an increase in HIV/AIDS, and prevalence of unhygienic conditions, such as missing toilets. The report also noted that police and guards conducted sporadic, infrequent, and inefficient searches of the prison. Furthermore, the prison guards routinely beat prisoners to extract information regarding escapes, violence, and crime committed in prison. The United Nations General Assembly Special Session on HIV/AIDS (UNGASS) report of 2008 noted that St. Vincent remains a low-HIVprevalence country with an estimated 0.4 percent prevalence in the general population. In April 2005, 344 male inmates (92 percent of inmates on the survey days) were tested for their HIV serological status. The seroprevalence rate for all inmates tested

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Suriname

was 4.1 percent. Half of these HIV-positive inmates were between the ages of 20 and 29 years. ICPS data show that the total prison population and the prison rate per 100,000 of the national population are increasing. The rate was 294 in 1992, 390 in 1998, 338 in 2005, and 317 in 2007. In 2006, approximately 80 prisoners (21.8 percent) were classiﬁed as pretrial detainees or remand prisoners. There are no data on how long someone can stay in prison under this classiﬁcation. There were 27, or 7.4 percent, prisoners classed as foreign prisoners, but no details as to their individual nationalities were available. Juveniles, minors, or young prisoners made up a total of 63 (17.2 percent) of the prison population; these included pretrial detainees and young offenders (16–21 years), who were held with convicted prisoners. A UNICEF report from 2006 found that juveniles were sometimes sent to prison when a lesser punishment could have been applied. It also found that the “approved schools” provided for in the Juvenile Act did not exist, and as a result, convicted children over 16 were sent to an adult prison. Boys under the age of 16 are held at a separate center: Liberty Lodge Boy’s Training Center. However, this was retained mostly for boys who could no longer stay at home due to domestic problems. The SVGHRA reported that of the 30 boys in the center in 2007, the majority were there because of domestic problems, and only a small number were charged with committing a crime. The superintendent of prisons provides for a social worker and psychologist to work with the prisoners. There is a rehabilitation program that allows inmates to receive contracts and jobs with local entrepreneurs. A school program offers courses in carpentry, tailoring, baking, and mechanical engineering. Prisoners are allowed visitors based on their classiﬁcation. Penal prisoners are allowed one visit per week. Remand prisoners and appellants are allowed two visits per week. Visiting hours are 9:30 a.m. to 11:45 a.m. and 1:00 to 2:30 p.m. Monday to Friday and 9:30 a.m. to 11:45 a.m. Saturday. There are no visits on Sundays and public holidays. All visits for female prisoners are conducted at the male prison through appointments. Lystra Hagley-Dickinson

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Further Reading Bell Antoine, Rose-Marie. (2008). Commonwealth Caribbean Law and Legal Systems. 2nd ed. Oxford, UK: Routledge-Cavendish. Griffith, Ivelaw L. (2004). Caribbean Security in the Age of Terror: Challenge and Change. Kingston: Ian Randle Publishers. Official Government Web site of St. Vincent and the Grenadines: http://www.gov.vc. Seetahal, Dana. (2007). Commonwealth Caribbean: Criminal Practice and Procedure. London: Cavendish Publishing. St. Vincent and the Grenadines Human Rights Association (SVGHRA). Annual Reports 2006 and 2007. United Nations Office on Drugs and Crime and the Latin America and the Caribbean Region of the World Bank. (2007, March). A Joint Report on Crime, Violence, and Development: Trends, Costs, and Policy Options in the Caribbean (Report No. 37820). U.S. State Department International Narcotics Control Strategy, 2007 and 2008: http://www. state.gov/p/inl/rls/nrcrpt/2008.

Suriname Legal System: Civil Murder: High Burglary: Low Corruption: Medium Human Trafficking: Medium Prison Rate: High Death Penalty: Maybe Corporal Punishment: No

Background Suriname is situated in northern South America, ﬂanking the Atlantic Ocean in the north, French Guiana in the east, Guyana in the west, and Brazil in the south. This independent country has the smallest territory and population on the South American continent, with a surface area of 163,270

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square kilometers and 481,300 inhabitants in 2009. Most of the population is concentrated in the urban region along the coastline, with nearly half living in the capital city of Paramaribo. The territory is administratively divided into 10 districts. The East Indian community represents the largest ethnic group and accounts for 37 percent of the population. These East Indians are known in the country as Hindustanis and are descendants of contract workers from northern India who were introduced in the late 19th century. About 31 percent of the Surinamese are Creoles, whose ancestors were West African slaves and Dutch colonizers. The Javanese (descendants of contract workers from Java, Indonesia) and the Maroons (descendants of West African slaves who escaped to the inland) make up 15 percent and 10 percent of the population, respectively. Individuals of Amerindian, Chinese, and European origin make up the remaining 7 percent of the Surinamese. This ethnic diversity leads to a rich assortment of religious traditions in Suriname: Hinduism (27 percent) and Protestantism (25 percent) attract the largest numbers of followers, whereas Roman Catholicism (23 percent) and Islamism (20 percent) also command signiﬁcant inﬂuence. Animism based on indigenous beliefs is practiced by 5 percent of the population. Although Dutch is the official language, English is widely spoken. The mining industry has dominated the Surinamese economy, supplying bauxite, gold, and crude oil to the West for the past 100 years. The export of wood and wood products, rice, bananas, ﬁsh, and shrimp also plays an important role. Suriname was one of the wealthiest countries in Latin America and attained a much higher level of education, economic well-being, and public health than its neighbors in the 1960s and 1970s; but coups d’état and misguided policies in the 1980s and 1990s coincided with the termination of development funding from the Netherlands and the United Nations to force a long-term stagnation in its economic and social development. In 2008, Suriname achieved a gross domestic product adjusted for purchasing power parity of US$4.3 billion, which translated into a GDP per capita of approximately US$8,900. The economy and standards of living are highly vulnerable to the

volatility of mineral prices in the global market. Between 10 and 14 percent of the workforce was unemployed during 2004–2008. Suriname is classiﬁed as a country of medium human development by the United Nations, with a life expectancy of 70 years and a literacy rate of 90 percent. Suriname is the most ethnically diverse society in the Western Hemisphere. Each ethnic community maintains its own languages, cultural heritage, and institutional affiliations. Even support for political parties, to a large degree, follows ethnic threads. Informal ties in the community are structured around class and ethnic identities: members of the elite from all ethnic backgrounds interact intensely and mingle freely; but outside of the privileged classes, work, friendship, and family connections tend to develop within ethnic enclaves. All groups have equal access to education and job opportunities.

History The Amerindians ﬁrst occupied Suriname around 5,000 bce. The ﬁrst European explorer, the Spaniard Alonso de Ojeda, arrived in 1499, and the British settled in and colonized present-day Suriname in 1651. The Dutch initiated their long dominance in 1667 when they signed the Peace of Breda with the British and officially annexed Suriname as a possession of the Netherlands. This geopolitical arrangement remained unchanged for 308 years, until the declaration of Suriname as an independent state in 1975. The Dutch Crown sold the territory to the West Indian Company in 1682, which transformed Suriname into a plantation-based colony. About 300,000 black slaves from West Africa were trafficked into Suriname in the 17th and 18th centuries to supply the labor needed to develop the plantations of sugar, coffee, indigo, and timber. Over the years, a large number of slaves broke from the forced servitude and took refuge in the jungle of the inland. These freed slaves, known as Maroons, established autonomous settlements and had frequent violent clashes with the European owners of plantations along the coastline. The abolition of slavery in 1863 triggered another seismic change in the demography of the land as tens of thousands of contract

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Suriname

workers were hired from China, India, and Indonesia to provide the agricultural and mining labor. This massive wave of labor immigration did not end until the eve of World War II. The postwar decolonization movement made its ﬁrst impact in 1948 when universal suffrage was granted to allow the Surinamese to elect members of parliament. Ethnic political parties quickly emerged to compete in general elections. Then in 1954, the establishment of a parliamentary body with functioning ministers further consolidated the constitutional autonomy for self-government. In 1973, a coalition of Creole, Javanese, and Hindustanis forces won the parliamentary elections and laid down the blueprint for the full independence of Suriname from the Netherlands, which was realized in the proclamation of a new constitutional democracy two years later. However, one-third of the citizenry left Suriname to relocate to the Netherlands prior to the formal independence of the country because they feared that an independent Suriname would not sustain the stability and prosperity gained under the Dutch colonial rule. Economic underperformance and erratic policies severely weakened the ﬁrst democratically elected government led by Henck Arron. In 1980, a dispute over the legality of labor union between the military and the civilian administration ended in a coup orchestrated by noncommissioned army officers. The military regime suspended the Constitution, declared a state of emergency, dissolved parliament, changed the country into a socialist republic, and ruled by military decrees. The extrajudicial execution of 15 prominent civilians in 1982 prompted the unilateral discontinuance of a critical aid program funded by the Netherlands. The event signaled the beginning of the socioeconomic stagnation of the Surinamese development. The worsening social conditions led to, and were further deteriorated by, the emergence of the guerrilla group Jungle Commando in east Suriname in the mid-1980s. Ruthless counterinsurgency warfare, subsequently investigated by the United Nations, which concluded that many innocent victims had been summarily executed, depleted the last political capital of the besieged military regime, which was obliged to align

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with the old civilian oligarch. In September 1987, a new constitution was ratiﬁed, and two months later, a multiparty coalition defeated the party backed by the ruling military in general elections. The military overthrew the civilian administration in 1990 and brieﬂy held onto the power. But strong pressures from the international community forced the return of popular elections in 1991, which were won by the four-party New Front coalition. The democratic governance has ruled since, and the ruling coalition expanded to eight parties in 2005.

Government Suriname adopted a tripartite form of state organization with some unique features. The executive power is led by the president, who serves as both the chief of state and the head of government. Rather than receiving the governing mandate from direct popular vote, both the president and the vice president are elected by a two-thirds majority in the National Assembly for ﬁve-year terms. But if no presidential candidate is elected by the National Assembly after two votes, a simple majority in the nearly 900-member United People’s Assembly, formed by all National Assembly representatives and regional and municipal delegates, will decide. The elected president is accountable to the National Assembly. There are no term limits for the chief executive post, and no constitutional venue provides for the impeachment or removal of the president, who appoints the 16-member cabinet of ministers and commands the armed forces. The National Assembly, a unicameral parliament with 51 members elected by popular vote for a ﬁveyear term, heads the legislative branch. In addition to the election of the president and the enactment of law, the National Assembly also nominates members of the Constitutional Court to the president for ﬁnal conﬁrmation. The Court of Justice tops the judicial branch, which also includes the cantonal courts, the lower courts, and the Constitutional Court. The Court of Justice is an appellate court for civil and criminal cases decided in lower courts and cantonal courts and also serves as the ﬁrst-instance court for cases

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against lawyers and public notaries. Up to early 2009, it consists of 11 full-time and 3 part-time justices who are appointed for life by the president of the nation in consultation with the National Assembly. There are three cantonal courts appointed to speciﬁc geographical districts with jurisdiction over civil and criminal litigations. Each cantonal court is led by a single judge whose decisions require conﬁrmation by the Court of Justice. Two lower courts exist in Suriname. The ﬁrst is the Martial Court, with jurisdiction over cases involving members of the armed forces, and is presided over by military judges. The second lower court is the Medical Discipline Court, which hears and decides on cases against physicians, pharmacists, pharmaceutical companies, and other health professionals and businesses. Article 144 of the 1987 Constitution mandates the creation of an independent Constitutional Court to oversee the constitutionality of government actions, but this court has yet to be established. Suriname is a member of the Caribbean Court of Justice, which is the highest judicial authority within the Caribbean Community, and accepts compulsory jurisdictions of the International Court of Justice and Inter-American Court of Human Rights.

Crime

blackmail, peculation and fraud, criminal use of shipping and aviation, and corruption. Misdemeanors are also related to general safety of persons and goods, public disorder, disobedience of public authorities, violations against public decency, withholding assistance from people in need, and other minor offenses.

Crime Statistics Crime, including violent offenses, is common in Suriname, particularly in the capital of Paramaribo. Insecurity and violence are especially rampant in the Palm Garden neighborhood of Paramaribo, where police presence is negligible. In 2004, Suriname recorded an overall crime rate of 5,220 offenses per 100,000 inhabitants, according to the United Nations Office of Drug Control. Property offenses such as theft (3,086 offenses per 100,000 inhabitants), burglary (495 offenses per 100,000 inhabitants), and embezzlement (140 offenses per 100,000 inhabitants) were the driving factor behind the general crime rate. Whereas the homicide rate of 10 offenses per 100,000 inhabitants falls within the average range among developing countries, attempted homicide victimizations (74 offenses per 100,000 inhabitants) and rape victimizations (51 offenses per 100,000 inhabitants) are especially high. The rate of drug offenses was 35.8 per 100,000 population.

Classifications of Crime

Illicit Drugs

The legal classiﬁcation of criminal offenses is provided by the penal code of 1910 enacted under Dutch rule, which has remained largely intact. All criminal acts are categorized as either felonies or misdemeanors. Felonies are indictable serious offenses listed in the second chapter of the penal code; misdemeanors are instead less serious nonindictable offenses deﬁned in the third chapter of the penal code. Felonies include attacks against state security and assaults against the dignity of the head of state, public disorder, violence against other human beings, contempt of public authorities, perjury, falsiﬁcation of currency and/or stamps, falsiﬁcation of documents, breaching of conﬁdentiality, deprivation of personal freedom, theft and poaching,

Suriname is a transshipment nexus linking major Andean producers of cocaine and local distribution networks in Europe, Africa, and the United States. Despite signing the 1988 United Nations Drug Control Convention, Suriname has not met the treaty requirement of implementing all necessary antidrug legal tools, including laws regulating precursor chemicals for the manufacturing of illicit psychoactive substances. Surinamese authorities also face important institutional barriers to the effective enforcement of the existing drugcontrol statutes such as lack of properly trained drug enforcement agents, insufficiency of material resources, understaffed border patrol and drug control units, and corruption among police and military

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Suriname

officers. These deﬁciencies resulted in very few sizable drug seizures in 2007 and 2008 in this country well known for large volumes of drug shipments via commercial air ﬂights, transatlantic sea cargos, and land- or river-based border-crossing. Domestic demand for illicit drugs is low because Suriname has maintained a very limited population of substance abusers. According to United Nation statistics, cannabis is the most popular drug, with 2 percent of Surinamese aged 15 or older reporting having used it, and the prevalence rate of opiate, including heroin, consumption was the lowest (0.08 percent). The proportions of cocaine and amphetamine abusers in the population were 0.5 percent and 0.6 percent, respectively. Despite this mild picture, the National Anti-Drug Council under the Ministry of Health is implementing the bold National Drugs Master Plan (2006–2010) to reduce both supply of and demand for drugs. Since 2007, this multiyear initiative has been expanded to involve the business community, religious groups, and nongovernmental organizations to play a greater role in drug-abuse prevention and support for recovering addicts. If adequately funded and carefully executed, this program is likely to bring about a healthier community and a stronger civil society.

Human Trafficking Suriname is a popular destination market as well as a busy transit country for the cross-border trafﬁcking of adults and children for commercial sex and forced labor. There is no general prohibition on prostitution. Only in restricted circumstances is prostitution illegal, but related laws go unenforced in practice. Whereas the demand for Brazilian, Colombian, and other Latin American women in the clubs and brothels of Paramaribo has always existed, Chinese women reportedly are the most recent victims of sexual exploitation in massage parlors and brothels. Traffickers receive about US$500 from club owners for every imported foreign woman. Some foreign girls and women transit Suriname en route to Europe. The seemingly unlimited supply of underage girls and boys from impoverished families has given a steady rise in the

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internal trafficking of youngsters to cater to the booming sex industry surrounding male-dominated mining camps in the inland. Very often, the transition from working as a juvenile newspaper vendor or shop attendant on the streets of Paramaribo to becoming a victim of child prostitution is smooth and seamless. Men smuggled from coastal provinces of China are subjected to debt bondage in Suriname and are forced into involuntary labor in supermarkets and at construction sites. Haitian migrants, typically en route to French Guiana, sometimes are forced to work in Surinamese agriculture. Suriname has been accused of not fully complying with the minimum standards for the elimination of human trafficking, particularly the cross-border trade of humans; however, it has sustained a moderate level of law enforcement actions against trafficker syndicates and started to implement victim assistance and prevention efforts with signiﬁcant pressures and participation from civic groups. Legislation proposals have been drafted to stop deporting victims to their countries of origin, where retribution is likely, and to provide them with emergency residency permits instead. Human trafficking is punishable with 5 to 12 years of incarceration, plus heavy monetary ﬁnes. However, the high level of poverty afflicting the youths, the de facto tolerance of the sex industry, and the corruption of immigration and custom officials are likely to restrict the success of these anti-trafficking efforts.

Finding of Guilt Rights of the Accused Unless caught in the act of committing a crime, Surinamese people can be arrested only with properly issued warrants and must be promptly informed of the charges against them. Crime suspects may be detained by the police for up to 14 days if the offense carries a punishment of more than four years of incarceration. Incommunicado pretrial detention is allowable. The accused must be brought before a prosecutor to be formally charged during the

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14-day period, but if additional time is necessary to examine the case, the prosecutor and the judge of instruction may add a maximum of 150 days to the detention. There is no bail option for pretrial detainees, who have the right to counsel of their choosing in principle, but the right may be revoked if the prosecutor believes access to counsel could harm the investigation. The Constitution provides for the right to a fair and public trial in which defendants have the right to counsel; both rights are generally respected in practice. The accused are presumed innocent and can always appeal their verdict. Defendants and their attorneys have access to evidence held by the prosecutor before trial and are permitted to cross-examine witnesses presented by the prosecutor during trial. They also have the right to present their own witnesses and evidence to support the innocence of the accused. All trials are bench trials. Publicly funded private counsel is available to indigent defendants. However, there are only 14 court-appointed attorneys for both civil and criminal systems in Suriname, and they often appear at the trial itself without previously meeting with the defendant.

Criminal Procedures Suriname has an inquisitorial criminal procedure in which the judges have the authority to collect their own evidence in a case. Prosecutors generally initiate the investigation and prepare criminal cases with technical assistance from the judicial police. Citizens can also ﬁle a case by presenting a petition to the courts, and a judge will determine whether a formal investigation is warranted. Prosecutors make the decision to bring a case before the court or to drop it from the process depending on its evidentiary strength. The written dossiers are prepared during the investigative phase prior to the formal trial, and the trial is mostly intended to clarify uncertainties in the dossier. Plea bargaining is nonexistent; most criminal cases are disposed by trial, with convictions handed down by one of the seven criminal court judges. These judges do not function exclusively as criminal court judges but also preside over civil court hearings.

Juvenile Justice In Suriname, persons between the ages of 0 and 21 are legally considered minors. According to article 56 of the Surinamese penal code, children 10 years and younger cannot be prosecuted. A minor who commits a criminal act before the age of 16 can be withdrawn from his or her legal guardian and placed under foster care, without any additional legal sanction. The judge can also decide to provide this minor with an official reprimand as punishment. In case of a felony, the judge can commit the offending minor to a youth custody center. Minors aged 16 or older can receive a conviction as an adult, with the provision that the maximum punishment will be reduced to one-third of the original sentence, and a death sentence or life sentence will be converted into a maximum sentence of 15 years. Juvenile custodial units for boys between the ages of 10 and 18 are located within adult prisons and tend to be relatively adequate. Education is mandatory for the youth delinquents in custody: primary schooling and junior secondary education are provided. There is no separate facility for girls under the age of 18, who are housed within the women’s section of one of the other adult prison complexes. All juvenile inmates have access to sports and recreational activities.

Punishment Types of Punishment The penal code makes six punishments available to sentencing judges: death penalty, incarceration, monetary ﬁnes, disfranchisement of political rights, community services, and conﬁscation of private properties. Although the penal code provides for the death penalty through hanging, no judicial executions have reportedly been carried out since 1927. Political rights vulnerable to penal disfranchisement include the right to serve in public functions, the right to serve in armed forces, the right to vote, the right to nominate electoral candidates, and to the right to practice law as a counsel. Community services are usually added as a supplement to incarceration, and the sequestration of private properties relates only to

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Trinidad and Tobago

goods used to commit the offense or goods gained by committing the offense.

Prisons Suriname has three major penitentiaries at Hazard, Santa Boma, and Duisburg, with two segregated units for juvenile offenders under the administration of the Ministry of Justice and Police. The adult penitentiaries are mixed facilities and house all types of inmates, from pretrial detainees to maximumsecurity inmates. In addition, there are 23 detention cells at police stations throughout the country, designed to hold suspects for up to 42 days. Unfortunately, these overcrowded settings have been utilized as regular custodial facilities for convicted offenders when space is unavailable in the three national penitentiaries. By 2005, the Suriname prison population totaled 1,600 inmates, which represented a national incarceration rate of 356 inmates per 100,000 population, according to the International Centre for Prison Studies, 2009. About 55 percent of all Suriname inmates were detainees awaiting trial or disposition. Among sentenced offenders serving time for their offenses, 9.7 percent were juveniles convicted as adults, and 19.3 percent were foreigners, according to the United Nations Office on Drugs and Crime. Prison conditions by and large do not meet international standards. Prisoners also mistreat each other, and violence among prisoners is usually left unpunished by the authorities. Some prison facilities have been renovated to improve health and safety conditions in recent years. However, most correctional facilities, especially older units, remain seriously overcrowded, with as many as four times the number of detainees for which they were designed. Sentenced female adults receive training in sewing and poultry farming, and agricultural, animal husbandry, and technical work opportunities are available for sentenced male inmates. Only detainees have access to sport and recreational activities.

Extradition The Act of Extradition governs the surrender of a suspected or convicted alien criminal to foreign

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countries. No Surinamese can be extradited out of the country. Requests are processed and reviewed by the Ministry of Justice and Police and can be denied when there is a suspicion that the petition for extradition is intended to prosecute or to penalize the suspect because of the person’s religious or political convictions, nationality, or race or ethnicity. Deportation of incarcerated illegal aliens is permitted. But the extradition of a detained or sentenced inmate is possible only if the individual is a citizen of a country with which Suriname has a bilateral convention regarding admission of their court decisions. Exchange of prisoners is prohibited as well. Milton Castelen and Hung-En Sung Further Reading Munneke, H. F., and A. J. Dekker. (2002). “Suriname.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopaedia, edited by Herbert M. Kritzer, pp. 1547–1556. Santa Barbara, CA: ABC-CLIO. Walmsley, Roy. (2009). World Prison Population List. 8th ed. London: International Centre for Prison Studies. Westoll, Andrew. (2008). The Riverbones: Stumbling after Eden in the Jungles of Suriname. Toronto: Emblem Editions.

Trinidad and Tobago Murder: Medium Corruption: High Prison Rate: Medium Death Penalty: Maybe Corporal Punishment: Yes

Background Trinidad and Tobago is an English-speaking twinisland state. It is the southernmost country in the Caribbean archipelago of islands, northeast of Venezuela and south of Grenada in the Lesser Antilles. It has a population of approximately 1.3 million

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people and covers 5,128 square kilometers (or 1,979 square miles). Ninety-six percent of the population live on the main island of Trinidad, and the remaining 4 percent live on the smaller island of Tobago. Both islands were originally settled by Amerindians of South America. Trinidad was claimed by Christopher Columbus in 1498 for Spain. There were many European wars for the island that included the French, Dutch, and British. The island of Tobago also had a similar past. Trinidad was ceded to Britain in 1802. In 1889, the islands of Trinidad and Tobago were made into a single colony. Partial self-government was instituted in 1925, and from 1958 to 1962, the nation was part of the West Indies Federation. Trinidad and Tobago gained its independence in 1962 from England and gained its republican status in 1976. The population is composed mainly of those of African and Indian descent, at approximately 40 percent each, and about 20 percent mixed, with small proportions of Caucasian, Chinese, Syrian/ Lebanese, Portuguese, and so on. The people also have a wide variety of religious backgrounds.

Government Trinidad and Tobago is a parliamentary democracy whose republican Constitution dates from August 1, 1976. The country’s legal system is based on English common law. The country’s chief of state is a president, elected to a ﬁve-year term of office by an electoral college comprising members of the House of Representatives and the Senate. The head of government is a prime minister, usually the majority party leader in the House after elections are held. The doctrine of separation powers, inherited from the British Westminster system, provides for the executive, the legislature, and the judiciary. The executive is made up of a cabinet of ministers led by the prime minister. The legislature consists of a bicameral Parliament comprising the House of Representatives and the Senate. The House has 41 members elected to ﬁve-year terms by popular vote. The Senate has 31 appointed members serving terms up to ﬁve years. Apart from this national parliamentary composition, Tobago has a unicameral House of

Assembly with 12 members serving four-year terms as a function of local government. The chief justice, as head of the judiciary, has overall responsibility for the administration of justice. The judicial system’s jurisdiction, practices, and procedures follow closely those of the High Court of Justice in England. The Constitution established the Supreme Court of Judicature, consisting of a High Court of Justice and a Court of Appeal. There is also a lower judiciary called the Magistracy. The Supreme Court is housed in four locations: the capital of Portof-Spain, San Fernando, the island of Tobago, and the northwestern Trinidadian suburb of Chaguaramas. The High Court and the Magistracy exercise original jurisdiction in both civil and criminal matters. The Magistracy (in its petty civil division) deals with civil matters that involve sums less than TT$15,000.00 (approx. US$2,500). It exercises summary jurisdiction in criminal matters and hears preliminary inquiries in indictable matters, thereby determining whether a matter is to be held over for trial in the assizes. The Magistracy is divided into 13 districts. The High Court hears indictable criminal matters, family matters where the parties are married, and civil matters involving sums over the petty civil court limit. Civil actions and proceedings are usually heard by only one High Court judge but may be tried by a jury of nine members. A High Court judge with a jury of 9 to 12 members tries criminal offenses. Minor offenses are handled by district courts, including traffic courts. The judicial system also includes the Industrial Court and Tax Appeal Board. Appeals from the Magistracy and the High Court go to the Court of Appeal, and appeals from the Court of Appeal go to the Privy Council in England, sometimes as of right and sometimes with leave of the court. The Court of Appeal judges are referred to as justices of appeal, and High Court judges are referred to as either judges of the High Court or puisne (associate) judges. The Supreme Court puisne (associate) judges sit in the following divisions: criminal, civil, and matrimonial. In the civil division, there are civil open courts and civil chamber courts. The masters of the High Court have the jurisdiction of judges in

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Trinidad and Tobago

civil chamber courts except for certain areas in which their jurisdiction is expressly limited by statute. Though providing the seat for the Caribbean Court of Justice, Trinidad and Tobago has not yet accepted the Caribbean Court of Justice as its appellate court for criminal matters because of the refusal by the opposition to give its support for the special majority needed for adoption.

Qualifications of Judges The chief justice is appointed by the president after consultation with the prime minister and the leader of the opposition. The Judicial and Legal Services Commission is charged with the task of appointing justices of appeal, High Court judges, masters of the High Court, magistrates, registrars of the Supreme Court, and the administrative secretary to the chief justice, all of whom are judicial officers.

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A High Court judge should have at least 10 years’ standing as an attorney-at-law. High Court judges who have sat on the bench for at least 3 years and attorneys-at-law of at least 15 years’ standing are eligible for appointment to the Court of Appeal. All judges are appointed with security of tenure and hold office during a period of good behavior until the age of 65. Temporary judges are appointed for ﬁxed periods, mainly to assist in reducing the backlog of cases.

Criminal Justice System Generally, the criminal justice system operates free from interference by the executive, although the executive has direct control over the police and corrections; that is, they both fall under the Ministry of National Security. The judiciary does not fall under any government ministry, but it depends on

Members of the Regional Judicial and Legal Service Commission pose during the installation ceremony on August 21, 2003, in Port-of-Spain, Trinidad. The 10-member panel was installed to select judges for a new Caribbean Court of Justice. (AP Photo/Shirley Bahadur) © 2011 ABC-Clio. All Rights Reserved.

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the executive for all of its funding. Recently, there have been claims from some members of the criminal justice system, as well as from opposition parties, of governmental attempts to interfere in the criminal justice system, especially with regard to the police and the courts. One example was the attempt by the prime minister in 2006 to impeach the chief justice for alleged misbehavior in public office. The matter was eventually won by the chief justice. This was the ﬁrst time in the history of the Commonwealth countries that efforts were made to impeach a sitting chief justice. In the seven years up to 2008, the criminal justice system has also witnessed police investigations, charges, arrests, court trials, and imprisonment of several members of Parliament, on both the government and opposition sides. Added to this is the frequent revelation of police officers, defense force personnel, and prison officers being involved in a wide range of criminal activities, including murder, drug trafficking, kidnapping, robberies, and rapes. As a result, the criminal justice system has been subjected to intense public debate.

Policing The country is served by the Trinidad and Tobago Police Service (TTPS), which falls under the Ministry of National Security. The TTPS has national jurisdiction. There are approximately 8,000 police officers, a number that results in a police-citizen ratio of 1:162. The TTPS is also served by a set of officers called the Special Reserve Police (SRP), which supplements the regular police workforce. The country is divided into nine police divisions. These are further subdivided into approximately 70 police stations and 5 police posts. Further, there are several specialized units, such as the Homicide Bureau, Fraud Squad, Traffic Branch, Organized Crime and Narcotics Unit/Firearms Interdiction Unit, Forensics, Crime and Problem Analysis, Community Relations, and Training Academy. An independent body appointed by the president, called the Police Service Commission, looks over the efficiency and effectiveness of the roles, functions, and performance of the commissioner of police and the deputy commissioners of police

and, by extension, the entire police service. Another independent body, the Police Complaints Authority, hears complaints about the conduct of police officers. It also monitors the investigation of complaints and determines disciplinary measures where appropriate. There is also another policing unit called the Special Anti-Crime Unit of Trinidad and Tobago (SAUTT), which also comes under the Ministry of National Security. This unit was established in 2003 to support the TTPS, as well as to advance law enforcement in Trinidad and Tobago. The unit comprises personnel from both the police service and the defense force. The military is called the Trinidad and Tobago Defense Force. Its various units include the Trinidad and Tobago Regiment and the Trinidad and Tobago Coast Guard, which includes the Air Wing Operations. The military falls under the Ministry of National Security. Its strength is approximately 2,000 members. There are several joint police and military operations in Trinidad and Tobago. These occur with regard to anti-narcotic operations, street patrols, raids, searches, and so on. In fact, there is an established Inter-Agency Task Force for these purposes.

Crime Classification of Crimes Crimes can be either indictable or nonindictable. Crimes are further categorized into three groupings: serious crimes, minor crimes, and minor offenses. Serious crimes are all crimes that carry a penalty of ﬁve or more years, for which prosecutions have been instituted in the High Court. Examples include murder, rape, incest, felonious wounding, kidnapping, treason, robbery, burglaries and break-ins, larceny of over TT$2,000.00 (approx. US$328), trafficking of dangerous drugs over a certain quantity, and so on. Minor crimes are all crimes carrying a penalty of less than ﬁve years for which prosecutions have been instituted in a magistrate court or in the High Court. Examples include indecent assault, unlawful wounding and inﬂicting, possession of ﬁrearm and ammunition, larceny of under TT$2,000 (approx. US$300) trafficking of dangerous drugs within

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Trinidad and Tobago

a certain quantity, and so on. Minor offenses are all offenses for which prosecutions have been summarily instituted in a magistrate court. Examples include loitering, assault by beating, armed with a weapon, breaches of the peace, malicious damage of TT$1,000 (approx. US$150) and under, cruelty to animals, and gambling and betting.

Age of Criminal Responsibility The age below which a child is conclusively presumed to be unable to commit an offense is 7 years under the common law. However, legislation raising the age of criminal responsibility to either 10 or 12 is being considered by the relevant authorities.

Crime Statistics The latest crime statistics available from the Trinidad and Tobago Police Service are for the year 2007. The provisional statistics show the number of crimes that were “reported” and the number of crimes that were “detected.” “Detected” does not mean convicted or solved. It means that for this crime, a person has been arrested after police investigations. In 2007, there were 391 murders reported and 74 detected, which is a 19 percent detection rate. For rape, incest, and sexual offenses, 759 incidents were recorded, and 474 were detected, for a 62 percent detection rate. For burglaries and break-ins, 4,851 incidents were reported, and 537 were detected, which is an 11 percent detection rate. For narcotics crimes, 589 incidents were reported, and 587 were detected, for a 99 percent detection rate. Between 2000 and 2007, total serious crimes increased by 11 percent, total minor crimes decreased by 11 percent, and total minor offenses decreased by 10 percent. The year 2007 had the highest number of murders ever for Trinidad and Tobago. For a relatively small country, with a population of approximately 1.3 million persons, having an average of more than one murder per day is high. Closer examinations of the situations of murders suggest that there is a notable connection between murders, gang warfare, and drug trafficking. Rape, incest, and sexual offenses increased by 38 percent from the 2001 to 2007, and wounding and shooting

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increased by 32 percent, which coincides with an increasing use of illegal ﬁrearms. Narcotic offenses increased by 22 percent. The geographic location of Trinidad and Tobago, close to the South American continent, makes it a strategic transshipment point for the main suppliers of cocaine from South America to the consumers in North America and Europe. During the same period, robberies increased by 18 percent, larceny by 18 percent, and kidnapping by 4 percent. The year 2005 had the highest number of kidnappings in the country’s history, with 240 (19 per 100,000 residents). Trends suggest that smalland medium-size business owners and their families are the main targets of kidnapping for ransom. The most typical crimes in urban areas are robbery, wounding and shooting, murders, narcotics, possession of arms, and ammunition. The most typical crimes in rural areas are larceny, burglary, breakings, rapes, incest, and sexual offenses. Further, robberies tend to increase in certain months. For example, during the Carnival season (January to March annually), the police ﬁnd an increase in robberies. This is especially the case in certain urban areas where some mas (masquerade) players need to acquire money to purchase carnival costumes and to attend music concerts and other festivities. Also, during the Christmas season, when there are a lot of commercial activities in the urban centers, robberies also increase.

Drug Offenses The two major illegal drugs are marijuana and cocaine. Persons can be charged with trafficking and possession, as well as with using these drugs. There have also been a small number of incidents with trafficking of heroin. Along with illegal drugs, illegal ﬁrearms and ammunitions are also trafficked. Trinidad and Tobago does not produce cocaine. However, marijuana is grown and produced in Trinidad and Tobago for trafficking as well as for local consumption. Any quantity of cocaine or marijuana is illegal to traffic, possess, and use, and convictions for these offenses carry prison sentences. The courts are very strict when it comes to sentencing for drug offenses.

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Finding of Guilt All criminal cases start with the ﬁling of a complaint in the summary court. Minor offenses are tried before the magistrate. For more serious offenses, the magistrate holds a preliminary inquiry. If there is sufficient evidence, the accused goes to trial before a judge and jury of the High Court. In the Constitution, there is the explicit right to a fair trial. An independent judiciary vigorously enforces this right. All criminal defendants have the right to an attorney. The judiciary is independent of the other branches and free from outside interference. Criminal defendants are presumed innocent and are afforded the right to representation by counsel.

Rights of Accused Some crimes, such as the use of obscene language, can be tried only in a magistrate court. Other crimes—for example, murder, rape, kidnapping— can be tried only in a High Court with a judge and jury. For some other crimes—for example, dangerous drugs—the accused has the right to elect whether he or she wants the matter to be tried by a magistrate or a High Court judge and jury. The accused has no right to a speedy trial. The accused must follow the case management system for his or her matter before the court.

Defense The accused has the right to an attorney, and if he or she cannot afford one, one will be appointed to him or her. The accused does not have the right to choose an attorney that is allocated by the state. The Legal Aid and Advisory Authority appoints an attorney for the accused upon application. This authority provides legal advice and court representation from a panel of attorneys before coroners, magistrates, and judges and juries, in matters of probation, family law, civil law, and criminal law where costs are defrayed wholly or partly out of monies provided by an act of Parliament. This act aims to make legal aid and advice readily available to persons of little and moderate means. The Legal

Aid and Advisory Authority is a unit of the Ministry of Legal Affairs. Any member of the public can visit any of the nine branches across Trinidad and Tobago. There is a TT$10.00 (approx. US$1.64) application fee. In matters before a magistrate court or in proceedings before a High Court or Court of Appeal, a magistrate or judge must decide whether an accused is eligible for legal aid or representation. In High Court civil matters, eligibility is based on the applicant’s means and the merits of the matter.

Investigation and Prosecution of Cases The police service conducts the investigation of criminal cases. For some crimes, the police may prosecute in the magistrate courts only. The police officer must be of a certain rank. Further, police ofﬁcers are also allowed to conduct preliminary inquiries in the magistrate courts. For all High Court matters, attorneys from the Office of the Director of Public Prosecution (DPP) prosecute while the police perform the investigation of the cases. There is also a provision whereby the DPP’s office can retain the services of private attorneys to represent the state on court matters.

Criminal Law Department The Criminal Law Department is headed by an independent public officer, the director of public prosecutions (DPP), who has the power to initiate and undertake criminal proceedings against any person before any court with respect to any offense against the laws of Trinidad and Tobago, to take over and continue any such criminal proceedings that may have been instituted by any other person of authority, and to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority. The DPP may allow an attorney-at-law in private practice to prosecute on application. The mission of the department is to serve the state by representing it in criminal matters before the courts in Trinidad and Tobago and where necessary abroad. Further, it provides advisory services

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on matters of a criminal nature to government departments and agencies. The objectives of this department are to appear in all criminal matters at all levels, to advise all departments (police, customs, immigration, town and county, and price control) in criminal matters, to represent police officers on cross charges, and to assist the police in prosecution where difficult points of law are involved in the magistrate courts.

Alternatives to Trial In Trinidad and Tobago there are alternatives to going to trial, such as “out of court” settlements or plea bargaining, the latter rarely being used. This is where the accused and the prosecutor can bargain an agreement for a plea of guilty to a lesser offense, or they can make an agreement whereby the accused testiﬁes against other accused persons for a reduced sentence or immunity, for example. For certain crimes, magistrates may offer the accused and the victim the opportunity to refer their matter to mediation. A trained mediator will try to resolve the main contention between both parties. If both parties do not agree to go to mediation, then the matter is tried by the court. Both parties must agree to abide by the decisions of the mediation process. The magistrate sets a time limit to have the matter settled by mediation, and if the matter is not resolved within the time frame, the mediator can ask the magistrate for an extension if he or she believes that some additional time is required. If the time allocated expires, and the matter is not resolved, the matter is returned to the court for trial. When the accused is deemed to be medically unﬁt to stand trial, he or she is sent via the courts to a medical institution for diagnosis and treatment. It is also possible, when the accused are deemed to be medically unﬁt, to have their cases discharged.

Incarceration Before or While Awaiting Trial There are two criminal acts in which the accused does not have the right to seek bail—murder and

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treason. For all other crimes, the accused can apply for bail. After the accused has been arrested and charged by the police, he or she can apply for bail. If he or she cannot afford bail or until he or she obtains bail, the accused is incarcerated. If the accused has several matters pending before the courts or has a lengthy criminal record, he or she may be refused bail. An accused has a right to appeal to a High Court judge if he or she is not granted bail by a magistrate. If an accused is held in prison before conviction, that is, while awaiting trial, he or she is placed in a separate section in the prisons called remand. Upon conviction, the prisoner is transferred to another section in the prison for convicted persons.

System for Juveniles There is no statutorily deﬁned juvenile court. However, appropriate arrangements are made in a magistrate court to facilitate the trial of matters directly affecting juveniles. In comparison to adults, the names of accused juveniles are not allowed to be portrayed in the media.

Punishment Types of Punishment Several forms of punishment are listed on the books. These include ﬁnes, prison sentences, probation, treatment, corporal punishment/ﬂogging, house arrest, reparations, compensations, community service, and others. They are used to varying degrees. The most frequently used punishments are prison sentences and ﬁnes.

Typical Punishments The punishment for murder is execution by hanging. However, there have been a number of judgments by the Privy Council in London, England, that have placed restrictions and limits on its implementation. As a result, many persons who have been convicted of murder are serving lifetime sentences in prison. As of 2009 there had been no executions in the previous ﬁve years.

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The typical punishment for rape is a relatively long prison sentence between 15 and 25 years for each conviction of rape. It should be noted that there have been some questionably inconsistent sentences where convicted rapists have been given relatively short sentences that produced much public outcry. There have also been sentences where judges have prescribed long prison terms accompanied by corporal punishment. The typical punishment for serious theft, burglary, and robbery is a relatively long prison sentence, from 5 years to 15 years. For the most serious drug offenses, the typical punishment will be life imprisonment.

Probation Probation is a suspended jail sentence where instead of serving time in prison, the criminal is returned to the community for a period in which he or she has to abide by certain conditions set forth by the court under the supervision of a probation officer. General conditions may include maintaining employment, abiding by a curfew, living where directed, abstaining from unlawful behavior, following the probation officer’s orders, not absconding, and refraining from contact with other individuals, who may include victims of the original crime, potential victims of similar crimes, potential witnesses, or those who partnered with the offender in the earlier crime. Usually, the offender is supervised by a probation officer, to monitor his or her performance during the probation period. The probation officer helps the offender adapt to living in the community and behave in a lawful and responsible way. Trinidad and Tobago does not yet have a parole system. This is being considered by the relevant authorities.

Prison The prison population in 1988 was 2,855. It rose steadily and peaked at 4,474 in 1998, which was a 57 percent increase. After 1998, there was a gradual decline to 3,851 in 2007, representing a decrease of 14 percent. The prison population per 100,000 residents was 296 in 2007.

There are seven prisons; six are for convicted persons, and one is for remand. These prisons are the Carerra Convict Prison, the Port of Spain Prison, the Maximum Security Prison, the Golden Grove Prison for male convicts, the Golden Grove Women’s Prison, and the Tobago Prison and the Golden Grove Prison for remand. There are three juvenile institutions for convicted juveniles. The ﬁrst institution is the St. Michael’s School for Boys, which caters to males between the ages of 10 and 16 years. The second institution, St. Jude’s School for Girls, serves 10- to 16-year-old girls. Males 16 to 18 years old are sent to the Youth Training Center. Girls aged 16 to 18 years are sent to the women’s adult prison. The biggest prison in Trinidad and Tobago is the maximum-security prison. It is located in Arouca in the main island of Trinidad. It can accommodate approximately 2,000 prisoners. It has state-ofthe-art security systems. The facilities and physical infrastructure at this prison are better than the other prisons. There is no problem of overcrowding in this prison, in stark comparison to the other prisons. The prison has classrooms, recreational facilities, a library, sports facilities, a computer laboratory, religious facilities, a kitchen, a dining hall, and a sick bay.

Characteristics of Prisoners A study conducted by the author and colleagues in 2003 reported the following characteristics of adult prisoners in Trinidad and Tobago: The majority of the prisoners were males, and almost 30 percent of the prisoners were between 17 and 26 years old, and approximately 35 percent were between 27 and 36 years old. The majority of prisoners were AfroTrinidadians followed by prisoners who were IndoTrinidadians and mixed ethnicities. Most prisoners were single (84%). Fifteen percent were married, and some 60 percent had children. The vast majority of prisoners had a low socioeconomic background. The highest proportion of prisoners resided in the northern region of Trinidad (46%). This was followed by those who lived

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Trinidad and Tobago

in the southern region of Trinidad (31%) and the central region of Trinidad (17%). Five percent lived on the island of Tobago, and 1 percent were foreign nationals. The same study also found that a majority of the prisoners (56%) were recidivists. These prisoners would continuously return to prison to serve sentences for committing other crimes upon release. Thirty-nine percent were in prison for the ﬁrst time, and 5 percent had “other” statuses, such as awaiting appeal, prohibited immigrants, adjourned cases, and so on. The highest proportion of prisoners was imprisoned for narcotic-related crimes, followed by larceny-related crimes, and then personal crimes. Twenty-ﬁve percent of prisoners were serving sentences of less than 1 year, 23 percent were serving 1 to 3 years, and less than 5 percent were serving more than 20 years. Overall, 94 percent had sentences of hard labor, and 6 percent had other types. Of this 94 percent with hard labor, 73 percent had only hard labor, 12 percent had hard labor or a ﬁne, 6 percent had hard labor and a ﬁne, and 3 percent had hard labor and strokes (whipping).

Labor and Vocational Activities in Prisons Although most prisoners’ sentences may stipulate hard labor as part of the sentence, this typically involves cleaning up the surroundings, ensuring a regular supply of water on the compound, kitchen duty, agriculture, rearing animals, and the like. It is not compulsory that prisoners work on the prison compound. Depending on the attitude and disposition of the prisoners, as well as the availability of prison staff to supervise them, prisoners may be called on to do work. Some prisoners are allowed to work outside or away from the prison compound itself. For example, they do cleaning jobs at various coast guard and army sites. Prisoners who work are paid a small stipend by the prison service. They receive such monies when they are ready to be discharged. Because of the shortage of prison officers to supervise prisoners when they are out of their prison cells

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doing work, this aspect of working is limited to a relatively small number of prisoners. This number varies from prison to prison. Prisoners are allowed to attend classes that are offered on their prison compound. These classes are taught by prison officers, volunteers, ex-prisoners, and even other prisoners. Some class categories or topics include academics, skills and training, religion or spirituality, counseling, literacy, pottery, tailoring, electrical, and computers. In fact, there are several instances whereby prisoners were able to undertake national and international examinations while in prison and were quite successful. Further, many prisoners have been able to gain entry into local and foreign universities after passing classes and examinations from the prison.

Visiting Policies and Privileges The visitation policies of the various prisons are slightly different from one another. However, the general policy is that if an inmate is serving a longer sentence, he or she has a longer length of time for the visit. Generally, each inmate will be allowed one visit every four to six weeks with a maximum of three persons for any visit. The shortest time allowed for a visit is 15 minutes, and the longest time is 45 minutes. The actual area set aside for visits varies from prison to prison. In some prisons, prisoners are allowed to interact with the visitors, whereas in others, they communicate via telephone lines and a glass window between prisoner and visitor. Conjugal visits are not allowed. Some of the other privileges that prisoners can access include mail and the ability to attend the funerals of very close relatives under the escort of a prison officer. Prisoners are also allowed to receive toiletries and food items from family and friends when they visit them. Female prisoners who give birth to babies while in prison, or who have recently given birth to babies just before entering prison, are also given special visitation privileges to take care of the newly born.

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Ramesh Deosaran

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Further Reading Deosaran, R., ed. (2007). Crime, Delinquency and Justice: A Caribbean Reader. Kingston, Jamaica: Ian Randle Publishers. Deosaran, R., I. K. Ramdhanie, and V. Lall. (2003). “Crime Statistics, Analysis and Policy Action in Trinidad and Tobago.” Special Research and Policy Reports on Crime Statistics, Community Policing and Police Performance in Trinidad and Tobago. Caribbean Journal of Criminology and Social Psychology 8 (1-2): 1–60. The Judiciary of the Republic of Trinidad and Tobago: http://www.ttlawcourts.org. The Ministry of National Security, Trinidad and Tobago: http://www.nationalsecurity.gov.tt Trinidad and Tobago Ministry of Legal Affairs: http://www.legalaffairs.gov.tt

Turks and Caicos Islands Legal System: Common Murder: High Prison Rate: High Death Penalty: No Corporal Punishment: No

11,750 (34 percent) and 21,452 “non-Belongers” (66 percent). The estimated population for 2007 was about 34,862. In 2007, about 400 to 500 illegal “boat people” per week were coming to the TCI. Non-Belongers consist mostly of immigrants from Haiti and the Dominican Republican, as well as American, Canadian, British, and other European expatriate residents and workers. Though Belongers are not fully deﬁned in law, the TCI Constitution makes frequent reference to them. For example, a person seeking appointment to office in public or government service must be a Belonger. The governor grants Belonger status on the basis of the length of time that applicants have stayed in the TCI, the contribution they have made to the country, and how they have assimilated into the community. In each case, the governor should consult with the secretary of state. The majority of the population is of African descent, the rest being of mixed race. About 14,000 former TCI islanders live in the Bahamas, and some return for seasonal work. The TCI’s population is mostly Protestant Christian.

Economy

Background The Turks and Caicos Islands (TCI) are part of the British overseas territories in the Caribbean. The TCI are part of the Bahamas chain. The 40 TCI atolls (or cays) cover some 430 square kilometers (193 square miles). Six of the TCI islands are permanently inhabited: Grand Turk, Salt Cay, South Caicos, Middle Caicos, North Caicos, and Providenciales. Grand Turk is home to the territorial capital, Cockburn Town. Providenciales, often called “Provo,” is the business and tourist center and remains the most populous island. The major languages are English and Creole.

Population The total population counted 33,202 in 2006, with an estimated indigenous “Belonger” population of

The main economy is based on tourism and offshore ﬁnancial services, with the United States and Canada being the leading sources of those businesses. The TCI are a “zero tax” jurisdiction. The islands have no income, capital gain, wealth, gift, or inheritance taxes. The TCI have no tax treaties with any other jurisdictions. The major sources of government revenue include stamp duties, customs receipts, and fees from offshore ﬁnancial activities. The U.S. dollar is used as the local currency. The TCI have no central bank or monetary authority. There are no restrictions on movement of funds into or out of TCI. The TCI have a structure for ﬁnancial supervision that encompasses banking, insurance, mutual funds, investment brokers, trusts, trustees, companies’ registrations, and company service providers. The banking sector, consisting of seven banks, is small but pivotal in the ﬁnancial structure of the TCI. Specialized insurance, in the form of producer-

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Turks and Caicos Islands

owned reinsurance companies (PORCs) is a major and growing line of business in the offshore ﬁnancial sector. TCI trusts and corporate vehicles for offshore clients provide the basis for an active trust and company service-provider sector. Recently, the TCI have seen an upsurge in cruise ships and their registration on Grand Turk. The economic and ﬁnancial structure of the TCI and the corporate vehicles available under TCI law make it vulnerable to money laundering. A variety of money laundering cases involving TCI have been prosecuted or are under investigation. Annual tourism amounted to over 200,000 visitors in 2007, particularly with holiday makers from Canada. This is one of the reasons the Canadian government has made continuous efforts to annex the TCI over the past years.

History There has been a considerable amount of political conﬂict surrounding the ownership of the Turks and Caicos Islands, not only within the Caribbean, such as Bermuda and the Bahamas, but also within the British Empire. The Spanish explorer Juan Ponce De Leon ﬁrst put these cayos (small islands) on the map in 1512. Over time, the Turks islands were occupied by the French, Spanish, and British, in turn. Between the 17th and 20th centuries, the Turks were occupied by Bermudans, federated with the Bahamas, and later annexed to Jamaica. When Jamaica gained independence in 1962, the Turks and Caicos Islands became part of the Federation of the West Indies. On May 31, 1962, the TCI became a British Crown colony with its own administrator, but in 1965, the governor of the Bahamas took over governance of the TCI. When the Bahamas gained independence from the United Kingdom in 1973, the TCI once again became a constitutional selfgoverning part of the British overseas territories. In 1976, the TCI were granted their ﬁrst full Constitution establishing an elective form of government. This Constitution was suspended in 1986. A new Constitution followed in 1988, which was eventually superseded by the Constitution of 2006.

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Following an investigative report by Sir Robin Auld, a former lord justice of appeal, the Turks and Caicos Islands were handed over to direct rule by the British government at Westminster, London, in April 2009. The Turks and Caicos Constitution was suspended, and its ﬁrst minister’s position was disbanded. The Auld Report blamed “clear signs of political amorality and immaturity and general administrative incompetence.” New democratic elections are scheduled for 2011.

Governance Today, TCI is an internally self-governing overseas territory (OT) of the United Kingdom with a ministerial system of government. The British monarch, Queen Elizabeth II, is the sovereign of all OTs, represented by respectively appointed governors. The United Kingdom’s Foreign and Commonwealth Office overseas all OTs’ policies and supports the appointed governors. The governor of TCI retains responsibility for internal security, external affairs, defense, public service, and offshore ﬁnance. The governor appoints the judiciary, as well as the attorney general and the chief secretary. The ministerial system of government of the TCI has a premier as head of government. The TCI’s Executive Council consists of three ex-officio members plus ﬁve appointed members by the governor chosen from among the members of the Legislative Council. The TCI cabinet is made up of the governor, the premier, six ministers, and the attorney general. The TCI parliament is referred to as the House of Assembly and consists of the speaker, 15 elected members, 4 appointed members, and the attorney general.

Legal System TCI’s legal system is based on English common law; however, some customary laws still exist from Jamaica and the Bahamas. Most of the laws derive from ordinances passed in the legislative council and, to a lesser extent, from legislation specially extended to TCI by the United Kingdom. In the case where statutory law does not apply or requires interpretation, the common law applies. The attorney

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general is responsible for all legal advice to the TCI government and for all prosecutions, law revision, and law reform. The court system is made up of the magistrates’ courts, the Supreme Court, and the Court of Appeal, all of which sit in the TCI. The Supreme Court is vested with the same jurisdiction and powers as the High Court of England and Wales. Powers to pardon lie with the queen but are exercised by the governor. The judges of the Supreme Court must be qualiﬁed barristers or solicitors, from the United Kingdom, any part of the Commonwealth, or Ireland, or they must be a member of the Faculty of Advocates or a Writer to the Signet of Scotland. All judges are appointed by the governor. The TCI Court of Appeal consists of a president and two justices of appeal, determined and appointed by the governor on his discretion. The Judicial Committee of the Privy Council, part of the Ministry of Justice in London, is the court of ﬁnal appeal for the U.K. overseas territories and Crown dependencies. The committee, usually made up of ﬁve judges, has complete discretion over whether to grant special leave, mostly granted in criminal cases, but it is sometimes granted in civil cases where the local Court of Appeal has for any reason refused leave. The TCI Court of Appeal sits for two weeks twice a year, hearing criminal and civil appeal matters. There were two appeals pending before the Privy Council Judicial Committee in 2007.

Crime Classification of Crimes TCI’s criminal justice system is adversarial in nature, based on English criminal law. Classiﬁcation of criminal offenses follows English procedural and criminal justice legislation. Less serious crimes are referred to as summary offenses, and serious ones are known as indictable offenses. Similar to English criminal procedure, all criminal offenders are brought in the ﬁrst instance before a TCI magistrates’ court, to decide where the defendant should be tried. Rules of evidence also follow English law supplemented by local statutory instruments.

Drugs and Money Laundering By far the most serious offenses in the TCI today involve international organized crime, such as drug trafficking and money laundering, because the TCI are one of the main transshipment points for illicit drugs for South American narcotics destined for the United States and Europe. Money laundering offenses extend to proceeds derived from all serious (indictable) offenses, and self-laundering is covered. Corporate bodies can also be held liable for money laundering. However, one problem lies in the fact that money laundering is criminalized by four separate TCI statutes. The International Monetary Fund Report of 2005 suggested that the TCI urgently needed to harmonize and unify all applicable money laundering offenses by removing the distinctions between drug and non-drug money laundering and by consolidating all legislation regarding money laundering into one statute for the TCI and other OTs. TCI domestic laws enable a range of drug-related mutual legal assistance. Various bilateral U.K. and U.S. money laundering statutory instruments deal with and allow for judicial cooperation concerning the ﬁnancing of terrorism in overseas territories. All OT mutual assistance must be channeled through the governor and the attorney general’s chambers for non-U.S. related cases or through the chief magistrate for U.S.-related cases. No formal arrangements authorize TCI law enforcement authorities to conduct cooperative investigations or coordinated seizure and forfeiture actions with other jurisdictions. However, such cooperation is said to exist. In February 2003, the executive of the International Monetary Fund (IMF) conducted a largescale investigation into the TCI’s economic and ﬁnancial structure linked to off-shore ﬁnance and money laundering. The report established that by the end of 2002, there were a large number of foreign banks and insurance companies on TCI. There were eight licensed banks, of which six were national banks and two were offshore banks with no banking operations in TCI. Three banks conducted a largely retail banking business and account for the bulk of bank assets and

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Turks and Caicos Islands

deposits. Total bank on-balance sheet assets were $480 million. There were two offshore banks carrying on banking business in Panama and Venezuela. There were 3,013 licensed insurance companies, and there were no details available as to the total assets. The 2005 IMF report concluded that English common law and banking regulations were inadequate to deal with fraud and money laundering happening in the TCI. The IMF found large inconsistencies in banking legislation and regulatory guidelines regarding disclosure and money laundering. There was a total lack of transparency. Many banks and insurance companies did not produce annual reports, making fraud and money laundering easy for those in the know. The IMF strongly recommended that the U.K. government make efforts to put in place additional regulatory resources, indicating that if this did not happen immediately, TCI would continue to be exposed to the risk of its ﬁnancial and corporate services being misused for illegal purposes. INTERPOL, the world’s largest police organization facilitating international police cooperation, has a permanent sub-bureau on the TCI. INTERPOL’s Anti-Money Laundering Unit cooperates with Europol’s Financial Crime Unit in the ﬁght against money laundering and terrorism ﬁnancing by placing speciﬁc liaison officers in the TCI as points of contact for its Camden Assets Recovery Inter-Agency Network (CARIN). CARIN is an informal international network for tracing, freezing, seizing, and conﬁscating the proceeds from criminal activities. The Proceeds of Crime Act 2002 provided the U.K. Assets Recovery Agency with unique powers to conﬁscate assets within the EU and its overseas territories, thereby helping to reduce transnational organized crime.

Crime Statistics The official TCI tourism Web site informs visitors that crime on the islands is “the lowest in the Caribbean,” but recorded police statistics show that violent crime is on the increase, mostly linked to drug

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trafficking from Latin America to the U.S. mainland via Miami. Most property crimes are committed on Providenciales and Grand Turk by inter-islanders. The Royal Turks and Caicos Police Force has been strengthened and increased in size as a result of additional British government overseas aid funding in 2003, which accounts for the increase in arrests and charges (“clear up rates”). Five Cays and Chalk Sound now have sub-police stations to conquer organized illegal drug trafficking into Miami. Police statistics for 2006 showed a decrease in crime by 17 percent in Providenciales, whereby 287 fewer crimes were reported compared with the previous year. However, there was a sharp increase in recorded crime on Grand Turk, accounting for a quarter of all crime committed on TCI, with an increase of 148 percent in 2006 compared with the previous year. The latter can be attributed to increased police resources on Grand Turk as well as new stopand-search powers. In 2003, some 505 persons were arrested and charged. This ﬁgure decreased to 467 in 2005 and rose again to 557 in 2006. Police clearance rates have averaged 30 percent since 2005. Providenciales, the holiday island, continues to report the largest proportion of crime (67% in 2007). Like in England, Wales, and Northern Ireland, the age of criminal responsibility is 10 years, and adult crime begins at age 18. Juvenile delinquency is a large social problem, mainly linked to the Haitian boat-people crisis, with large inﬂuxes of children being dumped on the TCI and trafficked to other Caribbean islands or sold to Florida. The number of teenage boys involved in crime has increased dramatically, though there are still low prosecution results, something that continues to worry the TCI government. In 2005, 14 boys were charged with property offenses compared with 69 in 2006, which is a 40 percent increase. Most of them are repeat offenders. Three teenage girls were arrested and charged in 2005. Most reported crimes are tourist- and vehiclerelated, making up 17 percent of the total crimes reported in 2006. There were 263 reported “motorvehicle interferences” in 2005. This decreased in 2006 to 120, a decline of 54 percent. The offense of “taking a motor vehicle without authority”

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decreased from 115 to 59 over the same period, a drop of over 50 percent. There were 34 ﬁrearms offenses in 2006. Of the 38 robberies reported in 2006, 74 percent involved the use of ﬁrearms, and 35 occurred on Providenciales. A gun amnesty was held in 2007 in an effort to combat gun-related crime in the TCI. The TCI Free Press’s annual public opinion poll of 2006 showed that the fear-of-crime element had decreased, with locals feeling “safer” because of an increased police presence on the islands. In 2005, 82 non-Belongers were charged with at least one criminal offense, and 128 were charged in 2006. Police and government reports state that most crimes are committed by illegal immigrants from neighboring Haiti.

Finding of Guilt All criminal investigations and prosecutions are instigated by the attorney general (AG). Pretrial detention on remand is commonplace, directed from the magistrates’ court on Provo Island. A defendant does not have the prima facie right to bail, as would be the case in an English court. Alternative sanctions, such as community service orders, do not yet exist; consequently, there is no probation service. Trial of indictable (serious) offenses has been by judge and jury in the main courthouse of Grand Turk, although this burned down in October 2007. Since January 2008, video-conferencing facilities have existed at the Providenciales Magistrates’ Court. The direct court video system links the justices’ bench straight into HMP Grand Turk, aiming to make considerable savings in the prison’s budget because it reduces the number of inmates who are being transported to and from the court by air for short hearings. The system is used mainly for bail and further remand hearings, and each hearing typically takes about 10 minutes of court time. Full trials and preliminary inquiries still require the inmate to appear in court in person. The TCI are awaiting another new magistrate’s court plus a new Supreme Court, both of which will service HMP Grand Turk.

Punishment Types of Punishment Due to deep-rooted Christian values and beliefs on the TCI, crime is still associated with sin, impurity, and evil. Local Belongers strongly believe in retributive justice in that the criminal must be punished severely for his wrongdoing and misdemeanors. Prison sentences tend to be long, and the local population thinks this a suitable sacriﬁce toward an aggrieved deity. Generally, the court makes no distinction between the sentencing of a male, female, or juvenile offender for similar crimes. Accommodation is usually in the one prison, which is HMP Grand Turk. The death penalty was abolished in 1991 under the Abolition of Death Penalty for Murder– Caribbean Territories Act 1991 for treason and piracy-related offenses. The TCI Parliament has frequently debated the reintroduction of corporal punishment and the death penalty, although it is fair to say that these options will not be available as long as the TCI remain a British overseas territory. For this reason, sentencing punishment tends to be more severe than in England for similar offenses (though there are some exceptions), whereby non-Belongers are often doubly punished. Tourists convicted of drunk driving are immediately expelled from the islands, preceded by remand in custody without bail. Penalties for possession, use, or trafficking in illegal drugs are severe; convicted offenders can expect long jail sentences and heavy ﬁnes. Engaging in sexual conduct with children and using or disseminating child pornography in a foreign country are offenses punished by imprisonment under the Sexual Offenses Act of 2003. Homosexuality was an illegal act until the Caribbean Territories (Criminal Law) Order of 2000 legalized homosexual acts between two consenting adults in private. Corporal punishment was still in existence until 1998 and was used in the old local prison principally on juveniles, even though torture by public officials in the course of their duties had officially been abolished in 1988. When the European Torture Commission of the Council of Europe visited the TCI in 1998, the inspectors took particular interest in

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Turks and Caicos Islands

the management of prisoners at HMP Grand Turk. The commission noted with concern that prisoner beatings by staff were commonplace, and the report strongly recommended the removal of corporal punishment from the TCI’s statute books. The Torture Commission stated that corporal punishment was no longer acceptable in a modern society and that the maltreatment of prisoners in the new HMP Grand Turk was contrary to the European Convention. Subsequently, on March 25, 1998, the TCI’s Legislative Council passed new legislation and removed all references to corporal punishment. The Supreme Court and magistrates’ courts of the TCI have a limited sentencing range available, which is not always in line with English law on the U.K. mainland. For example, the maximum sentence for indecent assault in England is 10 years and for assault 5 years, and in the TCI, it is 2 years.

Prison Following reports by the English chief inspector of prisons, Judge Stephen Tumim, in 1988 and 1991 documenting poor prison conditions on Grand Turk, the old prison was eventually demolished, and HMP Grand Turk was built in 1997, following the designs of London’s Pentonville Prison of 1842 with its traditional radial star-shaped design. Though the prison was initially designed to hold 104 inmates, HMP Grand Turk held 113 prisoners, including remands and juveniles, in December 2006. Since its inception, the prison has experienced problems with racial integration among staff and prisoners, and the causes can still be attributed to historical events. Very few local prisoners tend to populate the prison; the majority of inmates are from neighboring Jamaica, Haiti, or the Dominican Republic. On arrival, many demand separate living units, often to the detriment of female prisoners. After the volcanic eruptions on Montserrat in 1998, prisoners were evacuated from HMP Montserrat to the new prison at HMP Grand Turk. The Montserratians demanded separate accommodations, objected to local TCI guards, and also objected to some Jamaican prison officers. This resulted in

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separate Montserratian prison guards being ﬂown hundreds of miles to guard their own prison population. Although this was seen as only a temporary measure, this arrangement of taking long-term prisoners from Montserrat continued until 2005. Eventually, the Grand Turk prison administration refused to take any more foreign prisoners because of overcrowding. Today, the majority of prisoners are either remanded or convicted in connection with illegal drugs or money laundering trade. As a result of long and harsh prison sentences, the relatively small prison has become overcrowded, housing adult males and females, as well as some young offenders, in a very conﬁned space. Race relations among staff continue being a problem. The 2000 European Torture Commission’s report urgently recommended that the TCI government pass speciﬁc legislation that would prohibit racial discrimination, which was openly practiced at HMP Grand Turk as well as by other official authorities on the TCI. Though the 2006 TCI Constitution provided for separate accommodation for juvenile prisoners, the prison still accommodates unconvicted juvenile prisoners from time to time. Child protection legislation is still in need of reform, including with regard to corporal punishment in schools. Following the European Torture Commission Report of 2000, U.K. government aid was released to construct a separate juvenile detention and rehabilitation center, by converting the old police headquarters at Cockburn Town. By 2006, the facility was to become part of the Department of Social Development, and this safe holding facility was to provide 16 units for convicted juvenile males under 18. Due to a large organized petition by Grand Turk residents, followed by a public demonstration, construction of the juvenile rehabilitation center was halted by the TCI cabinet in 2007. This means that juveniles are still being held at HMP Grand Turk, thereby arguably violating the Constitution of 2006. HMP Grand Turk came under further scrutiny and criticism by the law enforcement agency in 2006, following a number of security breaches and serious

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riots at the prison. All disturbances were related to illegal drugs and followed the arrest in July 2006 of a prison officer, who had worked at the prison for over two years and was found with 90 grams of cannabis hidden in his vehicle. After he pleaded guilty to the charge of possession with intent to supply, he was ﬁned $3,500 and deported back to Jamaica. In 2005, HMP Grand Turk introduced some correctional industries (prison workshops) outside its perimeters, including apprenticeships in carpentry and tailoring, funded by a public outreach program. Members of the community assist with the rehabilitation of some less dangerous prisoners, with limited educational and vocational training facilities also offered. A small prison shop outside the prison walls sells prisoner-made furniture. Of the 30 percent of prisoners on remand in 2007, only very few were permitted to participate in rehabilitative constructive regimes. Maximum-security and mentally ill prisoners are excluded from programmed activities, though some long-term inmates were involved in the construction of a new building to accommodate improved facilities for learning and counseling programs inside HMP Grand Turk. By April 2007, the prison’s superintendent had introduced sentence planning for long-term inmates, which reviewed prisoners’ progress every six months. Juvenile offending remains on the increase with little room for juveniles at the local prison. The Department for Social Development tries, wherever possible, to send young convicted offenders outside the TCI for rehabilitation in the absence of a juvenile detention facility. In 2007, seven male juvenile offenders were accommodated at the Jamaican Juvenile Rehabilitation Center, part of the Jamaican Department of Corrections. Three juveniles were at a Seventh-Day Adventist facility in West Virginia, and a further 18 young males were accommodated at HMP Grand Turk. A U.K. government report of 2006 noted that sending juvenile convicts outside the TCI for punishment created an unnecessary expense and that, furthermore, the TCI government was losing sight of the care and rehabilitation of its young offenders. Ursula Smartt

Further Reading International Monetary Fund. (2005, January 26). Turks and Caicos Islands: Assessment of the Supervision and Regulation of the Financial Sector—Review of Financial Sector Regulation and Supervision. IMF Country Report No. 05/24. Washington, D.C. Sadler, Herbert, E. (1997). Turks Islands Landfall—A History of the Turks and Caicos Islands. Kingston, Jamaica: United Cooperative Printers. Smartt, Ursula. (1999, March). “Constitutionalism in the British Overseas Territories of the Caribbean.” European Journal of Crime, Criminal Law and Criminal Justice 7(3): 300–314. The Turks and Caicos Department of Economic Planning and Statistics: http://www.depstc.org The Turks and Caicos Free Press: http://www. tcifreepress.com The Turks and Caicos Island Government: http:// www.turksandcaicosislands.tc/. The Turks and Caicos National Museum: http:// www.tcmuseum.org

United States of America Legal System: Common Murder: Medium Burglary: Low Corruption: Low Human Trafficking: Low Prison Rate: High Death Penalty: Yes Corporal Punishment: Yes

Background Because the United States was once a colony of Great Britain, the American criminal justice system was steeped in the same legal traditions found in that country. However, the application of these traditions shifted and adapted to the social, political, and geographical differences between the two nations. Some of the key elements retained

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United States of America

from the British tradition that are still found in the American criminal justice system are the application and importance of common or case law, a guarantee of a trial by a jury of “peers,” and protection from double jeopardy, or being retried on the same charge. Although the United States has a body of statutory laws comprising the formal codiﬁcation of laws and the consequences of their violation, judicial decisions are also based on prior cases and precedent, or case law. In fact, there is an obligation for the courts to adhere to their own prior decisions and those of higher courts as long as the legal issues are substantively similar. The result is a system that can respond to the evolving nature of crime, as well as minimize differential application of criminal law. In the adversarial system of the United States, a judicial authority, which is an impartial third party, renders legal decisions after two disputing parties have pleaded their case. In the application of criminal law, the two disputing parties are the state and the accused. Although there is usually a wronged victim in a violation of criminal law, the criminal justice system contends that any violation of criminal law “injures” society as much as it does an individual victim. The state pursues the determination of guilt or innocence on behalf of itself and the victim—usually with the cooperation of the victim. The government of the United States can be thought of as a series of nesting boxes with each level of government covering increasingly larger geographic areas and their inhabitants. Each layer within this federalized system has responsibilities of its own, as well as responsibilities to its subordinate governmental entities. Given these political divisions, the criminal justice system of the United States is not a monolithic structure. When reading this entry, it is important to keep in mind that there will be exceptions from the norm found throughout the criminal justice system.

Crime Classification of Crime In the United States, wrongs are generally classiﬁed as either crimes or torts. A crime is an act punishable

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by law. The government, on behalf of the particular victims, exacts the consequences for these acts in a variety of ways, from ﬁnes to imprisonment. On the other hand, the remedy for the commission of a tort would most likely be the payment of monetary damages directly to the individual, as opposed to the government. Crimes that are the most severe are considered felonies. These acts are typically punished by imprisonment of more than one year or possibly death. Examples of felony crimes are murder, rape, robbery, aggravated assault, burglary, and arson. However, as is the case with many aspects of the American criminal justice system, what crimes are classiﬁed as felonies can vary from state to state. Crimes that are not considered as serious as felonies are labeled misdemeanors. The punishment for a misdemeanor would include ﬁnes, the forfeiture of property, briefer forms of conﬁnement (usually for less than one year), or probation. Some of the typical crimes associated with misdemeanors are petty theft, assault with no injury (simple assault), breaking and entering, and disturbing the peace, among others.

Age of Criminal Responsibility The American criminal justice system has a separate response for juveniles who commit acts that would be considered criminal if committed by an adult. Individuals who have reached their 17th or 18th birthday (depending on the state) are considered adults and are tried in criminal court. However, for those under this age, the behavior is considered delinquent and is handled by the juvenile justice system. The youngest age at which a child might be considered delinquent varies depending on the state. This minimum age is based on the idea of the youngest age at which an individual could distinguish right from wrong and is usually in the range of 8 to 12 years of age. The age of criminal responsibility is the youngest age at which an individual could be held responsible for his or her acts, meaning that he or she would be tried in a criminal court, as opposed to being considered delinquent. This age varies from state

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to state but has become increasingly younger in recent years. One would typically ﬁnd it to be 14 years of age. At least one state (North Dakota) has set the age of criminal responsibility to be as young as 7 years old, and Michigan will allow a child of any age to be tried as an adult for a crime.

Drug Offenses Although many crimes clearly have victims who have suffered injury to either their person or their possessions, there is a class of offenses where the victim is not clear. Often they are referred to as “victimless” crimes or crimes against society. A signiﬁcant portion of these crimes against society involves drug offenses. In the United States, drug offenses primarily focus on those substances whose legal uses are “controlled” by law. Hence, one often hears the term “controlled substance” as another phrase for potentially illicit drugs. Whether the use of the substance is legal depends on the age of the user or the situations in which it was used. The Comprehensive Drug Abuse Prevention and Control Act (1970) categorized drugs in terms of possible medical uses, the risk for abuse, the risk of addiction or dependence, and the impact on society. Schedule I drugs are considered to have no established medical usage and present a high risk for abuse. There are virtually no circumstances in which a Schedule I drug may be legally used. Examples would include substances such as heroin, LSD, Ecstasy, and marijuana and its variants. Schedule II drugs have a high risk for abuse but also have established medical beneﬁts in certain circumstances. In this case, the legal use of Schedule II drugs is highly regulated. Examples of these drugs are opium, morphine, codeine, cocaine, PCP, barbiturates, and certain stimulants like Ritalin. Many of the drugs on Schedule II, once diluted, would be considered Schedule III drugs. These are drugs that typically can be obtained through a doctor’s prescription. Finally, Schedule IV and V drugs are considered to have a very low risk of abuse and are commonly prescription medications with traces of narcotics or some other controlled substance higher on the schedule.

Crime Statistics There are two primary methods by which the level of crime is measured. First, there is a nationally representative survey of households to assess the level of victimization called the National Crime Victimization Survey. Second, there are data collected directly from law enforcement agencies reﬂecting the number of crimes that were reported to, or have come to the attention of, law enforcement called Uniform Crime Reporting (UCR). Often the UCR statistics are referred to as official crime statistics because of the nature in which they were collected. The UCR program captures the number of offenses reported to law enforcement for eight major offenses, also known as Part I offenses. These are murder/nonnegligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson. The UCR program collects arrest ﬁgures, rather than the number of offenses reported, for an additional 21 offenses. The FBI is responsible for managing and publishing the statistics collected through this program. The primary motivation for the creation of the UCR program by police chiefs in the late 1920s was to provide a uniform and comparable manner to record the level of criminality in a particular jurisdiction. As such, there are speciﬁc deﬁnitions and rules for each of the offenses within the statistical collection. The category of murder and nonnegligent manslaughter is deﬁned by the UCR as “the willful (nonnegligent) killing of one human being by another.” According to the FBI, in 2006, there were an estimated 5.7 murders and nonnegligent manslaughters for every 100,000 inhabitants in the United States. This is equivalent to 17,034 murders in the United States for 2006. Although most other offense categories include both attempted and completed crimes, there are no attempted murders included in these counts because they would be considered aggravated assaults. Forcible rape is deﬁned by the UCR as “the carnal knowledge of a female forcibly and against her will.” The deﬁnition is very particular and does not encompass a wide range of acts of sexual assault and abuse. It narrowly refers to a man having sexual

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intercourse with a woman. The restrictions imposed in terms of the types of acts, as well as the gender of the victim, should be kept in mind when reviewing the reported statistics. According to the FBI, in 2006, the estimated forcible rape rate was 30.9 rapes per 100,000 inhabitants. Based on an estimated 92,455 forcible rapes, there were 60.9 per 100,000 females. Overall, 91.9 percent of the rapes reported to law enforcement were considered rape by force. The remaining 8.1 percent were classiﬁed as attempted rapes. The resulting rates are 56.0 rapes by force per 100,000 females and 4.9 rape attempts per 100,000 females. Based on the classiﬁcation rules of the UCR program, the most serious property offense is burglary. Burglary is deﬁned by the UCR as “the unlawful entry of a structure to commit a felony or theft.”

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According to the FBI, in 2006, an estimated 729.4 burglaries occurred per 100,000 inhabitants, with an estimated property loss value of $4 billion. For these 2,183,746 burglaries, 66.2 percent were burglaries of residential structures. Further analysis of reported burglaries revealed that 6.6 percent of offenses were attempted forcible entries, with the remaining 93.4 percent reﬂecting completed forcible entries and unlawful entries combined. Although drug offense reports are not collected in the UCR program, the number of persons arrested for drug offenses is available. Drug abuse violations include a range of infractions such as production, distribution, and use of controlled substances. Based on reported data from the FBI, there were 636.8 arrests per 100,000 inhabitants for drug abuse violations. Of the 1,889,810 estimated arrests for drug abuse violations in 2006, 82.5 percent were

The body of a victim lies covered on the street in front of a car that plowed through a crowded farmers market in Santa Monica, California, July 16, 2003. George Russell Weller, driver of the car, was convicted of 10 counts of vehicular manslaughter with gross negligence. (AP Photo/Damian Dovarganes) © 2011 ABC-Clio. All Rights Reserved.

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for possession of a controlled substance. The remaining 17.5 percent included sale or manufacturing of a controlled substance.

Crime in Urban and Rural Areas In cities of 250,000 population or higher, the most common violent crime in 2006 was aggravated assault. According to the FBI, aggravated assaults accounted for approximately 53 percent of the reported violent crimes, which is equivalent to 501.3 aggravated assaults for every 100,000 in population. Murder and nonnegligent manslaughter were the least common violent crimes. In 2006, reported property crimes were more common than violent crimes. The most frequent property crime in cities of 250,000 or more inhabitants was larceny-theft, which encompassed most types of nonviolent thefts of property. For every 100,000 in population, there were 2,829.0 larceny-thefts reported, which translates into approximately 61 percent of property crimes. The second most frequently reported property crime in urban areas was burglary, followed by motor vehicle theft. The UCR program does not deﬁne what “rural area” means. However, it does collect statistics from agencies that serve small towns (less than 10,000 in population), as well as county agencies for nonmetropolitan areas. In terms of the relative frequency of both violent and property crimes, rural areas experience crime much in the same way that urban areas do. However, the overall frequency of these crimes is typically lower.

Finding of Guilt Investigation The responsibility for investigating criminal offenses resides with law enforcement. Federal law enforcement agencies are tasked with the responsibility to investigate and enforce federal laws. Jurisdiction for federal agencies is principally determined by which laws they enforce. For example, the Drug Enforcement Agency’s jurisdiction is the enforcement of federal drug violations.

Beyond federal law enforcement, state and local jurisdictions are normally a function of geography. Usually, law enforcement agencies whose primary jurisdiction is a city or town are referred to as a police department and headed by a chief that is hired by a governmental agency (such as a city council). Those agencies whose primary responsibilities are to unincorporated areas of a county are called sheriff’s offices. A sheriff, who heads such an office, is in many instances elected to that position rather than appointed. A law enforcement agency gets involved in the investigation of a crime in two primary ways. A crime comes to the attention of law enforcement via a report (by a victim or a witness), or it is observed by a law enforcement officer. Once the agency determines that there is sufficient evidence of a crime, it will proceed with an investigation to resolve the question of who will be held criminally responsible. An investigation involves a systematic inquiry into the circumstances and information surrounding the criminal event. This can include gathering physical evidence, interviewing witnesses, and interviewing possible suspects. Although the key duty of law enforcement is to investigate criminal acts, there are times that prosecutors can inﬂuence the direction of an investigation. As such, these powers are not completely separate in the United States.

Rights of the Accused In the American criminal justice system, the accused are guaranteed certain protections under the Constitution and the law. The Fourth Amendment protects individuals from unwarranted searches and seizures of property. In addition, it provides that there must be more than just a suspicion of wrongdoing, often referred to as probable cause, before a court issues a warrant for a search or seizure. The Fifth Amendment guarantees that individuals do not need to answer accusations without an indictment, nor can they be required to engage in self-incrimination. The government cannot assume property or deny liberty without due process in a court of law. The Fifth Amendment also prevents an individual from being tried more than once for

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the same criminal act (double jeopardy). An exception to the concept of double jeopardy is if the criminal acts violate both federal and state laws. In those cases, an individual can be tried in both state and federal jurisdictions for the same acts. The Sixth Amendment guarantees a speedy and public trial by jury, the right to confront accusers, the right to legal representation, the right to information on the nature of the criminal charges, and the right to obtain information from the prosecution that establishes the innocence of the accused. The Eighth Amendment prohibits extreme punishments in the form of excessive bail and ﬁnes or cruel and unusual punishment. The U.S. Supreme Court had the opportunity to consider many of the rights of the accused in the 20th century. Most famously in Miranda v. Arizona, the Supreme Court ruled that the accused must be informed of these rights upon arrest. If not, evidence collected after arrest, especially by the admission of the accused, may not be admissible in the trial. Because of situations such as Miranda v. Arizona in which the Supreme Court interpreted the Constitution, the rights of the accused may include additional nuances that grow out of the Fourth, Fifth, Sixth, and Eighth Amendments.

Adjudication Presiding over the legal process is the trial judge. It is the judge’s responsibility to ensure that both the prosecution and the defense observe the rules of the legal process. If there is a violation of the intent of the law or the process of adjudication, this becomes the basis of an appeal of the original decision. In some cases, the judge will also be the individual to render the legal decision rather than a jury. Just as often, a jury or a group of citizens asked to render a decision about the guilt or innocence of the defendant will hear cases related to serious offenses. According to court statistics collected by the Bureau of Justice Statistics, of the 5 percent of convictions that resulted from trials, 2 percent were jury trials, and 3 percent were bench trials. The prosecuting attorney or district attorney has the responsibility to represent the government in the

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pursuit of criminal charges against the defendant. Defense counsel is also guaranteed in the American criminal justice system. If a defendant is unable to pay for an attorney, then one will be made available by the state. Depending on the location, this representation could come in the form of a public defender, assigned counsel, or contract attorney. Public defenders are salaried attorneys whose job is to represent indigent defendants through either a nonproﬁt or a state-run organization. Assigned counsel and contract attorneys are private attorneys who accept indigent clients on a case-by-case basis (assigned counsel) or whose ﬁrm maintains a contract to provide such defense. The court jurisdictions in most states do not rely on one method solely, but have a mixed system for defense of the indigent. Once an arrest has been made in connection with a criminal act, defendants are brought before a judge for the ﬁrst appearance. It is at this ﬁrst appearance that the charges are read to the defendants, and they are informed of their rights, including the right to an attorney. The judge determines whether the defendants will be released on bail or on their own recognizance. Bail is, in essence, collateral that defendants provide to guarantee their appearance at trial. The judge could also determine that the defendant will be held without bail based on the seriousness of the crime, the risk to the community, or the risk of ﬂight by a defendant. Sometime after the ﬁrst appearance, either the case is brought before a grand jury, or a preliminary hearing is held to determine whether to return an indictment, or formal accusation of a crime, on the defendant. A grand jury is a panel of typically 23 citizens convened to hear the facts of the case and decide whether they support an indictment. Grand juries do not usually use a highly formal process in their efforts to question witnesses and in other manners of fact-ﬁnding. The grand jury process is used by the federal courts and in about half of the states. The remaining states rely on preliminary hearings. At least two states use both a grand jury and preliminary hearings to decide on an indictment. A judicial authority conducts preliminary hearings after the prosecution submits a complaint or information

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on the case. The preliminary hearing, though not as involved as a full criminal trial, is very similar to a trial in its proceedings. Assuming that the judge or grand jury issues an indictment, the defendant is arraigned, or appears before a judge to enter a plea. The acceptable pleas are guilty, not guilty, or no contest. The results of a guilty plea and a no contest plea are essentially the same. The main difference is that the defendant does not admit guilt by pleading no contest. Therefore, the defendant would not be as vulnerable to a civil suit. If the defendant pleads guilty or no contest, he or she is then sentenced; otherwise, the defendant is tried to determine guilt. According to the Bureau of Justice Statistics, the vast majority of felony convictions (95 percent) are the result of a guilty plea. The remaining are the result of either a jury trial or a bench trial. Guilty pleas, however, are not always for the original charge. The Bureau of Justice Statistics estimated that up to 90 percent of all guilty pleas are a result of a plea bargain, which is an agreement that a defendant will plead guilty in exchange for a reduction in charge or lesser sentence. Plea bargains are often negotiated between the prosecution and the defense because of the burden of time and expense that would result from the trial process. In addition, some communities are using alternative dispute resolution centers to handle minor offenses, usually upon referral from the court or under court supervision.

U.S. Court System In the United States, the courts are organized based on their jurisdiction. There are courts that serve local and state jurisdictions and courts that serve the federal jurisdiction. The two jurisdictions traditionally do not interfere with each other unless there is a violation of due process as guaranteed by the U.S. Constitution. In those cases, the federal court system would assume jurisdiction over the state’s case. Within the federal court system, each state has one or more district courts that serve as the court of original jurisdiction (meaning it hears the case ﬁrst) for federal crimes within their area. There are

currently 94 U.S. district courts, including three that serve the territories and outlying areas. In addition, there are specialized federal courts of original jurisdiction that hear cases related to such things as international trade, veterans’ appeals, and military review. Once a case has been heard in a court of original jurisdiction, one of the parties in the case can appeal it to the U.S. Court of Appeals. The current 13 U.S. courts of appeal and the U.S. Court of Military Appeals form the federal appellate jurisdiction, which has the right to review and revise a lower court’s decision. Finally, the U.S. Supreme Court is considered the court of last resort within the federal court system. The U.S. Supreme Court hears ﬁnal appeals of the decisions of lower courts, including the U.S. courts of appeals. Although the U.S. Supreme Court can choose whether to hear an appeal, the U.S. courts of appeals have mandatory jurisdiction, meaning that the U.S. courts of appeal must accept a nonfrivolous appeal, if ﬁled. The organization of the state court system also includes courts of original jurisdiction and courts of appellate jurisdiction. Trial courts of original jurisdiction for the states can be further divided into trial courts with general jurisdiction and those with limited jurisdiction. Limited jurisdiction courts would include those courts that hear only particular types of cases such as traffic courts, family courts, and municipal courts. General jurisdiction courts would hear a wider range of cases for a particular state. According to the Bureau of Justice Statistics, as of 2004, there were 26,557 trial court judges within the state court systems in the United States. Approximately 67 percent served in a court of limited jurisdiction, and 33 percent served in a court of general jurisdiction. Although all states have a court of last resort as part of their appellate jurisdiction, there are 39 states that also have an intermediate appellate court that hears cases before they would be remanded to the court of last resort. Typically, both the court of last resort and the intermediate appellate court have some discretion over whether to accept a case. The qualiﬁcations to be a trial or appellate judge can vary based on jurisdiction or state. At a

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minimum, most trial judges for courts of general jurisdiction and appellate jurisdictions are required to have a law degree. There may also be additional residency, age, or legal credential requirements. For judges of courts of limited jurisdiction, it may not be a requirement to have a law degree to sit on the bench. The selection of trial court judges can also vary by jurisdiction. In the state court systems, trial judges can be either elected or appointed. In some states, judges are ﬁrst selected by a commission or appointed by the governor, but they subsequently go through a retention election to determine whether they keep their appointment. Federal judges are nominated by the president of the United States and conﬁrmed by the U.S. Congress. Assuming there is no judicial indiscretion in the course of their tenure, federal judges have their appointment until they choose to resign. In recent years, there have been some changes to state court organizations. Some states have sought to simplify or reform their court system. This has usually involved the dissolution of many of the courts of limited jurisdiction in favor of courts of general jurisdiction. As of 2004, 10 states had implemented this simpliﬁcation and reform of their state system. In addition, problem-solving courts have gained popularity. Problem-solving courts seek to blend the traditional judicial process with other types of treatment and supervision to address certain issues, more as social problems than as criminal matters. The most common problem-solving courts address such issues as domestic violence, drugs, mental health, and reentry into society by convicted offenders.

Juvenile Justice System There is a separate system to address violations of the law by juveniles, or those under the age of 18. Although the remainder of the criminal justice system uses a formal adversarial system, the juvenile justice system was created with the thought that the courts would serve almost as a caring parent to help a youth engaging in delinquent acts. Once the police or some other authority has taken a juvenile into custody, the juvenile system decides whether to

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(1) release the youth to his or her parents’ care, with possible additional follow-up by an outside agency, or (2) recommend an adjudicatory hearing. An adjudicatory hearing seeks to determine whether the allegations against the juvenile are supported (roughly equivalent to a guilty verdict). After an adjudicatory hearing, there is a dispositional hearing, which would be similar to a sentencing hearing for an adult. The disposition in these cases focuses on the goal of rehabilitating the youth by possibly providing a variety of services, including counseling or community service. If the offense is serious, or if it appears that the juvenile is resistant to the methods of the juvenile system (based on repeat offenses), it is possible for jurisdiction to be waived by the juvenile court. The juvenile would then answer to the charges in adult criminal court.

Punishment Types of Punishment Once a defendant has pleaded guilty to the charges or has been convicted, there are several options for punishment available in the American criminal justice system. The most common punishment is some version of incarceration. Seventy percent of all convictions result in incarceration in a prison or jail. Prisons are typically used for sentences longer than a year and are administered by the state or federal governments. Jails, on the other hand, usually hold those sentenced to less than a year of incarceration. The administration of jails can be the responsibility of the state or, more typically, a county or local government. The administration of both prisons and jails can be contracted to private ﬁrms. These privately operated facilities are gaining in popularity. There are also alternative facilities, such as juvenile detention, that, depending on the structure of the facility, may also be considered an incarceration facility. After incarceration, the next most common sentence is probation, which is a form of conditional release of the convicted defendant. The defendant’s activities and behaviors will be monitored by the court through a probation officer. If the defendant fails to meet the expectations laid out at the time of

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sentencing, probation can be revoked, and the defendant will be sent to prison or jail. In essence, probation serves as a suspended sentence that will be honored as long as the probationer maintains good behavior. In about 28 percent of all sentences, probation is imposed. However, as the offenses become less violent and less serious, probation becomes a more common alternative to incarceration. A recent innovation to the idea of incarceration in the United States is house arrest, sometimes called community corrections. Technology has enabled many communities to allow those convicted of a crime to serve their sentence in their own home, with strict monitoring of their movements. Although similar to the idea of probation in terms of releasing the defendant into the community, the defendant convicted and sentenced to house arrest does not have the same freedom of movement as a probationer. House arrestees typically wear an electronic device that enables authorities to know where the arrestees are or when they have moved outside of their prescribed area. They may be given some latitude to go to work, but beyond that, their movements are severely limited. Community corrections may also include day reporting centers and community residential centers. Although very similar in terms of the types of intense counseling and services provided, day reporting centers provide these services in a nonresidential format rather than the residential format of community residential centers. These methods could be described as a mixture of intense probation and house arrest. Incarceration and probation account for the vast majority of sentences in the United States, but a range of other options are available in addition to or instead of the traditional sentences. Fines or restitution can be imposed as the sentence or part of an overall sentence. Fines would be payable to the court or federal, state, or local government, whereas restitution is given directly to the victim to compensate for damages incurred during the crime. According to the Bureau of Justice Statistics, in 2004, an additional penalty of a ﬁne or restitution was imposed on 51 percent of the felons sentenced. In addition to the ﬁnancial aspect, the restitution process

usually includes some aspect of mediation between the convicted offender and the victim. A common option, especially for crimes related to drugs or alcohol, is to sentence defendants to treatment. Treatment can take the form of counseling, rehabilitation, or mental hospital conﬁnement. According to the Bureau of Justice Statistics, in 2004, approximately 9 percent of felons convicted were given an additional sentence of treatment. That percentage increased signiﬁcantly for those convicted of rape (11 percent), other sexual assault (17 percent), motor vehicle theft (19 percent), and drug possession (19 percent). Finally, publicity is another option that has gained popularity in certain communities or has been imposed by legislation. Some communities publish the names of defendants for such crimes as driving under the inﬂuence of drugs or alcohol or for soliciting a prostitute. The idea is to impose shame on the individual in addition to what might be the traditional punishment for the offense. There are also recent efforts to require individuals who are convicted for certain types of offenses to register with local authorities. This information is then made available to the community. The most notable example of this is sex offender registries. These were established in many states by the mid-1990s. With the passage of Megan’s Law in 1996, that information was permitted to be released to the community, thus providing additional and continuing publicity surrounding a conviction received for a sex offense. The typical punishment for those convicted of violent offenses such as murder or rape is incarceration, based on 2004 data on state court sentencing from the Bureau of Justice Statistics. Of those convicted for murder and nonnegligent manslaughter, 91 percent were sentenced to either prison or jail. Only 7 percent of those convicted of murder were sentenced to probation. Rape also saw a high proportion of incarceration. Nearly 90 percent of those convicted of rape were sentenced to prison or jail, and only 9 percent received probation. Of those convicted of robbery, 87 percent were sentenced to incarceration, and 12 percent were sentenced to probation. Incarceration is less common for property and drug crimes. Seventy-ﬁve percent of those

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convicted of burglary and 69 percent of those convicted of drug trafficking offenses were sentenced to prison or jail. Twenty-four percent of those convicted of burglary and 28 percent of those convicted of drug trafficking received probation.

Sentencing The length of time in incarceration also obviously varies from crime to crime. Based on a study of violent felons in large urban counties in the years 1990 through 2002 conducted by the Bureau of Justice Statistics, the average length of sentence for a murder conviction was 308 months. The average sentence for rape was 152 months, and robbery saw an average sentence of 100 months. Whether the entire sentence is served depends on the location and whether it uses indeterminate or determinant sentencing. Indeterminate sentencing allows for a sentence range to be imposed on the defendant. Then, depending on the behavior of the prisoner, an early release could be allowed if a panel of community representatives and criminal justice professionals (or parole board) believes the inmate has had sufﬁcient rehabilitation. Given communities’ recent dissatisfaction with the early release of certain prisoners, there has been a trend toward determinate sentencing in many states. With determinant sentencing, there is no provision for early release of the prisoner as decided by a parole board. Sometimes determinant sentences set a mandatory minimum for a particular offense. The United States also allows for the imposition of the death penalty, most typically for homicides in which there were aggravating factors. According to the Bureau of Justice Statistics, 38 states and the federal government currently have capital statutes. By far the most common form of execution is lethal injection. All but one capital punishment state (Nebraska) use lethal injection as a form of execution. In addition, execution by electrocution (nine states), lethal gas (four states), hanging (three states), and ﬁring squad (three states) are also allowed. In the years 2003 to 2007, 279 prisoners were executed in the United States. In 2005, the U.S. Supreme Court

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decided that the execution of juveniles for capital crimes was in violation of the Eighth and Fourteenth Amendments.

Prison As of the end of 2006, there were an estimated 2,385,213 prisoners incarcerated in the United States. This population includes those under the jurisdiction of federal and state prisons, jails, customs and military facilities, and juvenile facilities. According to the Bureau of Justice Statistics, of the 1,570,861 inmates held by state or federal authorities, only 12.3 percent of the prisoner population were in the federal system. The vast majority of prisoners (87.7 percent) were held in state-funded facilities. Based on the most recently available Census of State and Federal Correctional Facilities, there were 1,668 federal, state, and privately operated correctional facilities in 2000. This ﬁgure included facilities such as prisons, prison hospitals, prison farms, boot camps, and other centers associated with prison facilities. It did not include facilities such as jails or regional detention centers or those facilities in which the populations were not predominately federal or state inmates. State governments operated approximately 79 percent of the correctional facilities, and almost 16 percent were operated by private entities under contract to federal or state governments. The remaining 5 percent were federal facilities. Prison facilities are also described by the level of security imposed on the inmate population. Most of the prisons in the United States are classiﬁed as minimum- or low-security (48.8 percent). The inmates of minimum-security facilities are considered to be low risk and therefore receive more privileges and freedoms than do prisoners at higher levels of security. The next most common facilities are medium-security (31.3 percent). Compared to minimum-security facilities, those rated at a medium-security level would have increased safeguards put in place, with fewer privileges available to the inmate population because of increased risk. The highest level of security is the maximumsecurity or even “super-max” facility. These facilities

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house the highest-risk inmate population and impose the greatest limitations on the inmates. A little less than 20 percent of the facilities in the United States are considered maximum-security. In addition to the security concerns addressed by facility management, the inmate population is regulated in terms of the activities or work afforded to inmates and the means of communication allowed with outside entities. Based on the individual inmate and the risk associated with the activity, inmates can routinely be involved in work programs, such as regular maintenance on the buildings and grounds of the facilities, agricultural work, prison industries, or public works projects. The most recent ﬁgure estimates that 92 percent of the federal and state facilities and 73 percent of privately operated facilities had some version of work program available for inmates. Although participation in work programs is not necessarily required, there is a general interest in keeping the inmate population occupied during their time of incarceration. Other programs available to inmates of American facilities include educational programs (in 90 percent of state and federal facilities and 80 percent of privately operated facilities) and counseling programs (in 96 percent of state and federal facilities and 91 percent of privately operated facilities). Visitation and communication with the inmate population is usually encouraged, albeit highly regulated. Facilities monitor communications between the inmate population and outside entities by reviewing mail and other correspondence or authorizing telephone calls to only certain phone numbers, for example. Visitation is typically allowed only on particular days and at speciﬁc times during the day. Visitors are expected to comply with a host of policies regarding which behaviors are appropriate and what objects are prohibited. The size of a prison facility can be measured in several ways. The design capacity of a facility refers to the optimal size of the inmate population for the size and design of the facility. The rated capacity is the number of beds allocated to the facility as determined by a rating official. Usually, the rated capacity is larger than the design capacity. The largest

correctional facility by rated capacity is the Correctional Training Facility in Soledad, California. Based on the 2000 census ﬁgures, the Correctional Training Facility had an estimated rated capacity of 7,223. The Correctional Training Facility is classiﬁed as a general conﬁnement facility. Its inmate population is entirely adult males.

Parole Parole is the conditional early release of an inmate from incarceration. Although in some ways similar to probation, parole differs from it in key points. The conditions imposed on parolees are more stringent than those for probationers. In addition, the decision to release an inmate on parole is made by a parole board, not a judge. Continuing oversight is also provided by the parole board rather than the presiding judge, as is the case for probation. Those states that continue to use parole see it as a means to encourage reintegration and rehabilitation of the inmate. It can also be seen as a deterrent to future crime because of the threat of having parole revoked and being reincarcerated. Parole has other practical beneﬁts as well. It can offer a means to alleviate overcrowding in prison facilities, and it can also offer a way to mitigate any disparity in sentencing due to race or class, for example. Although most correctional facilities offer credit for good behavior toward an early release, some states have abolished parole.

Extradition The United States allows for the transfer of individuals to other countries to face criminal charges. This happens before the adjudication process rather than after. To consider extradition to another country, the United States must have entered into a treaty with the other nation specifying the conditions that would dictate a transfer. Older treaties, typically those from before 1980, are list treaties, which provide a list of particular offenses that would make an individual eligible for extradition. More recent treaties are written to be dual criminality treaties. Rather than a list of offenses, an individual would be eligible for extradition

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if the offense is punishable in both the United States and the other country by at least one year in prison. Cynthia Barnett-Ryan Further Reading Binder, Arnold, Gilbert Geis, and Dickson D. Bruce Jr. (2001). Juvenile Delinquency: Historical, Cultural, and Legal Perspectives. 3rd ed. Cincinnati, OH: Anderson Publishing Co. Champion, Dean J. (1998). Corrections in the United States: A Contemporary Perspective. 2nd ed. Upper Saddle River, NJ: Prentice Hall. Schmalleger, Frank. (1999). Criminal Justice Today: An Introductory Text for the 21st Century. 5th ed. Upper Saddle River, NJ: Prentice Hall. U.S. Department of Justice, Bureau of Justice Statistics: http://www.ojp.usdoj.gov/bjs. U.S. Department of Justice, Bureau of Justice Statistics. (2009). Sourcebook of Criminal Justice Statistics Online. 31st ed.: http://www.albany. edu/sourcebook. U.S. Department of Justice, Drug Enforcement Administration: http:/www.usdoj.gov/dea. U.S. Department of Justice, Federal Bureau of Investigation. Uniform Crime Reports: http://www. fbi.gov/ucr/ucr.htm. U.S. Department of Justice, National Institute of Justice: http://www.ojp.usdoj.gov/nij.

United States Virgin Islands Murder: High Prison Rate: High Death Penalty: No Corporal Punishment: No

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“America’s Caribbean Paradise,” the USVI is made up of three primary islands (St. Thomas, St. Croix, and St. John), the smaller inhabited Water Island, and approximately 50 surrounding and uninhabited keys and islets. The capital of the USVI is Charlotte Amalie, which is located on the island of St. Thomas. Collectively the islands are part of the northeastern West Indies. Today the political status of the islands is an organized “unincorporated” territory of the United States. Although the secretary of interior is administratively responsible for the coordination of federal policies for the USVI, Congress has the constitutional authority to make all “needful rules and regulations” pertaining to the islands. The USVI maintains a dual government (e.g., federal government and territorial government). To differentiate between the two and for the sake of clarity in this entry, the phrase “federal level” is used in reference to federal matters, and the phrase “local level” is used when referring to territorial matters. According to the 2000 census, the population count of the USVI was 108,612, with blacks/ African Americans constituting the bulk (71 percent) of the islands’ population. Hispanics (14 percent) are the second-largest racial/ethnic group, followed by whites (11 percent). According to Virgin Islands historian Harold Willocks, the territory is also home to a sizable portion of Palestinians, who ﬁrst migrated to the Virgin Islands via Puerto Rico and New York, and East Indians, who are believed to have arrived from India via Jamaica, Curacao, and the Canary Islands.

History of the Legal System

Background On March 3, 1917, after more than 240 years of Danish rule, the United States purchased the United States Virgin Islands (USVI) from Denmark for 25 million dollars in gold. Formerly known as the “Danish West Indies” and currently nicknamed

To ensure a smooth transfer from Danish rule to American sovereignty, the Congressional Act of 1917 mandated that the Danish colonial style of government was to remain in effect. Accordingly, the judicial system of the USVI was established under the Danish colonial laws of 1906. The judicial system at that time consisted of several courts, including an ordinary town court, a special court, a criminal court, a police court, a dealing court, a reconciling court, and a court of appeals. The Danish

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system of operation continued until the adoption of the Code of General and Special Laws for the Municipality of St. Thomas/St. John and the Municipality of St. Croix. Known as the Judicial Codes of 1920 and 1921, these codes superseded all Danish laws and brought the USVI under an American system of common law. On June 22, 1936, Congress passed the Organic Act of the Virgin Islands of the United States. In dealing with the enumeration of courts, the act consolidated the three subjudicial district courts created under the judicial codes of 1920 and 1921 into one district court with two divisions. One division was to cover the municipality of St. Croix and its surrounding cays and islets. The other division was to encase the municipality of St. Thomas/St. John and the surrounding cays and islets. Perhaps one of the most signiﬁcant features of the act is that it extended the Bill of Rights to the residents of the USVI. Almost 20 years later, the Revised Organic Act of 1954 was enacted, and with it, additional changes to the USVI judicial system and its structure were instituted. One important feature of the act is that it now serves as the Virgin Islands Constitution. Another important provision is that it delegated to the secretary of interior the responsibility for consolidating, codifying, and revising the local laws and ordinances in the Virgin Islands. The act further instructed that the anthology be titled the “Virgin Islands Code” and that it be accessible as a public document. Because many of the existing laws at that time were enacted under Danish rule, the compilation of the Virgin Islands Code was considered a pivotal and much-needed endeavor in reforming the antiquated local laws. The empowerment of the local legislature to create inferior courts was made possible by the passage of the Organic Act of 1936. An early pivotal step in the establishment of the local judiciary entailed the abolishment of the three police courts that were created under the Judicial Codes of 1920 and 1921. In their place, two municipal courts were created: one for the municipality of St. Thomas/St. John and the other for the municipality of St. Croix. In 1965, the structure of the local judiciary was altered when the

two municipal courts were combined to form a single court titled the Municipal Court of the Virgin Islands. In 1976, the court was renamed and given the title Territorial Court of the Virgin Islands. A third name changed occurred in 2004 when the local court assumed jurisdiction over all violations of local law and received its current and official title, the Superior Court of the Virgin Islands. The last major structural change to impact the local courts in the Virgin Islands occurred on October 29, 2004. On that historical date, the governor of the Virgin Islands signed into law the Virgin Islands Supreme Court Bill. The bill went into effect on January 1, 2005, making the Virgin Islands the last jurisdiction in the nation to establish its own appellate court. On January 29, 2007, the Supreme Court of the Virgin Islands commenced reviewing decisions of the Superior Court.

Courts The territory utilizes a dual court structure consisting of federal courts and territorial courts. The federal level is a three-tier system consisting of a district court, a circuit court of appeals, and a U.S. Supreme Court. The District Court of the U.S. Virgin Islands was created under Article I of the U.S. Constitution and thus is considered a legislative court as opposed to a constitutional court. As a result of the judicial boundaries created by the Organic Act of 1936, the district court in the USVI has two subdivisions. One division is located on the island of St. Thomas and serves both St. Thomas and St. John. The other subdivision is located on the island of St. Croix. Each division consists of one district judge and one magistrate. District court judges are nominated by the president and conﬁrmed by the Senate. Because it is a legislative court, judges serve a period of 10 years. Magistrates are selected by the chief justice and serve a period of 4 years. Decisions appealed from the district court are heard in the Third Circuit Court of Appeals, located in the state of Pennsylvania. Further appeals are heard in the U.S. Supreme Court located in Washington, D.C. According to the U.S. Sentencing Commission, in 2006, less than 1 percent (117) of the 72,585

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United States Virgin Islands

offenders sentenced according to the sentencing guidelines in the U.S. federal courts were from the district of the Virgin Islands. More recent statistics show that for the 2007 ﬁscal year, there were 497 cases ﬁled and 1,724 cases pending. On the local level, the territorial court structure is a two-tier system consisting of a court of general jurisdiction known as the Superior Court of the Virgin Islands and an appellate court officially titled the Supreme Court of the Virgin Islands. The Superior Court has two divisions. One division serves the islands of St. Thomas/St. John and the other the island of St. Croix. There are nine judges, ﬁve for the division of St. Thomas/St. John and four for the division of St. Croix. The judges are appointed by the governor with the advice and consent of the legislature of the Virgin Islands. To be qualiﬁed for judgeship in the Superior Court, nominated judges must be a member in good standing of the Virgin Islands Bar Association and must also have been a practicing lawyer for at least ﬁve years immediately prior to their nomination. The judicial candidate must have been practicing law in the territory for at least three of those last ﬁve years. The Superior Court reported that there were 34,088 cases ﬁled in that court during the 2007 ﬁscal year. Seventy percent of the ﬁlings (23,520) involved traffic offenses. The second-largest category of cases ﬁled in the territory pertained to family, marriage, and probate issues. Collectively, they constituted 17 percent (5,784) of the cases. Less than 5 percent (1,939) of the cases pertained to criminal matters. The remaining cases ﬁled were civil in nature (1,355), included infractions such as littering (318), involved juveniles (297), or dealt with conservation (76). Appeals from decisions made in the Superior Court are heard in the newly established Supreme Court of the Virgin Islands. The Supreme Court consists of a chief justice and two associate justices. The presiding justices are nominated by the governor, with the advice and consent of the Virgin Islands legislature. The initial term of office is 10 years, and upon reappointment, the justices serve for life. The court began hearing cases in January 2007. During its ﬁrst year in operation, the Supreme

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Court reported that 221 cases were ﬁled. Of those, 12.7 percent (28) involved criminal matters. The remainder of the cases involved bar governance (104) and civil (89) matters. Currently, further appeals are heard in the Third Circuit of the U.S. Circuit Court of Appeal. Decisions from the Circuit Court of Appeals are appealed to the U.S. Supreme Court. However, in compliance with the Revised Organic Act of 1954, cases that were pending prior to the Supreme Court’s commencement date are to retain the old procedure. In the old procedure, an appellate division within the District Court of the U.S. Virgin Islands heard all appeals from the Superior Court. Appeals from decisions in the appellate division were then to be heard by the U.S. Court of Appeals for the Third Circuit. Further appeals were then heard in the U.S. Supreme Court. The Revised Organic Act further stipulated that in the Supreme Court’s ﬁrst 15 years of operation, decisions from the Supreme Court of the Virgin Islands will be heard by the U.S. Court of Appeals for the Third Circuit and, if further appeals are necessary, by the U.S. Supreme Court. Every ﬁve years throughout the oversight period, the U.S. Congress will review the progress of the Virgin Islands Supreme Court. If within the review process, Congress determines that “sufficient institutional traditions” have been developed, it will begin allowing decisions from the Supreme Court of the Virgin Islands to be directly reviewed by the U.S. Supreme Court. Questions on the exact location of the Supreme Court trigger conﬂicting responses and much controversy in the territory. The local law responsible for establishing the Supreme Court of the Virgin Islands “legislatively” placed the court on the island of St. Croix. However, citing the Revised Organic Act of 1954, which mandated that the headquarters of government branches be physically located in the capital of the USVI, a judicial decision has determined that the Supreme Court of the Virgin Islands is “properly” located on the island of St. Thomas. Although the issue remains somewhat unsettled, at present the administrative offices of the Supreme Court are located in St. Thomas, with justices’ chambers on the island of St. Croix.

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Police The Virgin Islands Police Department (VIPD) was established in accordance with the Virgin Islands Code. The primary responsibility of the department is law enforcement. Organizationally, it is a department of service, regulation/enforcement, and social control. The USVI can best be described as a centralized police force because there is one police commissioner who serves as head of the police forces in the territory. Attached to the Office of the Commissioner is the Law Enforcement Planning Commission (LEPC). Assisting the police commissioner is an assistant commissioner and a support staff consisting of a deputy commissioner of support staff, a legal advisor, a public information officer, and a grants manager. A victim/witness advocate is also designated for the St. Thomas/Water Island division, the St. John division, and the St. Croix division. Under the assistant police commissioner is one chief of police who serves the islands of St. Thomas/St. John and another for the island of St. Croix. Below the chief of police are three deputy chiefs, one for each of the three islands. The deputy chief of police supervises the lower-level officers on their respective islands. Collectively, there are 478 sworn police officers in the territory. There are also a variety of specialized units. Among them are a ﬂeet management unit, a street enforcement unit, a youth investigation unit, a K-9 unit, a marine unit, a hazardous device unit, a school security unit, a criminal investigation unit, a domestic violence unit, an auto theft unit, a major crimes unit, and a forensics unit. In addition to the specialized units, the Virgin Islands Police Department (VIPD) also maintains a communication bureau, a traffic bureau, a criminal division, a patrol division, and a court liaison. In compliance with the mandates of Act No. 6036, the Narcotics Strike Force was placed under the VIPD solely for budgetary purposes. In addition to local law enforcement, there are a number of federal law enforcement officials and agencies stationed in the Virgin Islands. Some of those include the Federal Bureau of Investigation

(FBI), the U.S. Marshals, Immigration and Naturalization Services (INS), Alcohol, Tobacco and Firearms (ATF), the U.S. Coast Guards, the Drug Enforcement Agency (DEA), and the Internal Revenue Service (IRS) task force. Other federally sponsored programs include Highway Safety, High Intensity Drug Traffic Area (HIDTA), Project Safe Neighborhoods, and the Safe Street Violent Crime Initiative (SSVCI).

Crime Classification of Crimes The age of criminal responsibility in the USVI is 14. However, Virgin Islands statute dictates that individuals over the age of 7 but under the age of 14 can be held culpable and legally responsible for a crime if they knew at the time of the offense that their actions were wrong. Crimes in the USVI are classiﬁed according to misdemeanors or felonies. Misdemeanors are the lesser of the two offenses and carry a penalty of a ﬁne not to exceed $200 and/or an imprisonment of 365 days or less. All offenses that carry a penalty of imprisonment of more than one year are classiﬁed as a felony. Unless a law prescribes a different punishment, offenses classiﬁed as a felony carry a penalty of one to ﬁve years’ imprisonment. Conviction of a second felony committed within 10 years after completion of serving the ﬁrst felony conviction will result in life imprisonment. Statistics submitted to the FBI Uniform Crime Report classify criminal offenses according to Type I or Type II offenses. Type I offenses, also known as index offenses, consists of the more serious crimes of homicide, robbery, forcible rape, burglary, larceny, motor vehicle theft, and arson. In the territory, aggravated assault is considered a misdemeanor as opposed to a felony. All other offenses are classiﬁed as Type II. Because the USVI maintains a dual style of government, crimes in the USVI can also be distinguished as a federal offense or a local offense. Federal crimes are offenses that violate laws promulgated by the U.S. Congress, whereas local crimes are offenses that violate the laws promulgated by the legislature of the Virgin Islands.

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United States Virgin Islands

Crime Statistics The territory has a reputation for strongly enforcing its immigration laws. In the USVI, the most challenging criminal offenses on the federal level are immigration violations. According to the U.S. Sentencing Commission, in the 2006 ﬁscal year. over half of all defendants sentenced in the Virgin Islands district court were convicted of an immigration offense. During that same time period, almost 18 percent were sentenced for drug crimes, almost 8 percent for fraud, 6 percent for ﬁrearms, and less than 1 percent for robbery or larceny offenses. With respect to violations of local law, the most challenging offense is third-degree burglary. Statistics collected by the Virgin Islands Police Department show that for the 2006 ﬁscal year, there were 5,482 Part I offenses in the territory. Almost threequarters of the Part I offenses reported to local law enforcement officials were property offenses, with burglary (2,206) and grand larceny (1,344) being the most frequent. The remaining Part I offenses in the territory were crimes committed against person. In 2006, there were 40 reported homicides and 69 rapes. The reported number and types of offenses vary from island to island. For example, although the district of St. Thomas/St. John reported 7 cases of arson in 2006, the district of St. Croix reported 48 cases of arson. However, over 60 percent (1,352) of the 2,206 reported burglary offenses in the territory came from the district of St. Thomas/St. John. The reported cases for the more serious offenses of homicide and rape were split fairly even across St. Thomas/St. John and St. Croix. The Caribbean region is experiencing concentrated law enforcement inquiries into its drug trafﬁcking activities. After immigration offenses, drug offenses are by far the second-largest category of federal convictions in the USVI. The Federal Sentencing Commission disclosed that for the District of the Virgin Islands in 2006, over half (52.4 percent) of the drug cases involved powder cocaine, 19 percent concerned marijuana, and 14.3 percent involved crack cocaine.

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Although a report by the High Intensity Drug Traffic Area (HIDTA) revealed that as much as 90 percent of the cocaine ﬂow from South America to the Central America occurs via Eastern Paciﬁc and Western Caribbean routes, the Virgin Islands, despite being a part of the Eastern Caribbean region, are considered a drug transshipment point to the U.S. mainland. In an effort to help ﬁght the drug problem in the territory, in 1994, the territory was officially designated a High Intensity Drug Traffic Area. Participation in the HIDTA program provides additional federal resources that will enable the territory to adequately respond to the drug activities plaguing its area. Aside from drug and immigration offenses, there are also growing concerns among law enforcement officials that the territory may be home to terrorist sleeper cells. Therefore, the territory is part of the joint terrorism task force. Members of the task force are highly trained individuals whose primary responsibility is to monitor, investigate, and protect the territory against terrorist activities.

Finding of Guilt According to the Virgin Islands Bar Association, there are approximately 1,000 registered attorneys in the territory. On the federal level, the prosecution of cases is handled by the U.S. attorney, and the attorney general prosecutes cases on the local level. Unless the defendant waives the appointment of counsel, all indigents are entitled to an attorney in cases that carry a possible penalty of incarceration. Defense counsels are expected to represent their clients at every critical stage of the court proceedings. There is a public defender system on both the federal and local levels. In addition to the public defender system, the territory also uses an assigned counsel system in which a superior court judge can assign a counsel from a list of private attorneys maintained by the court. The use of the public defender’s office is the ﬁrst line of defense. However, Virgin Islands statute dictates that if the assigned counsel system is also used, it cannot be used in more than 15 percent of the cases involving indigents.

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Within a few hours to a few days of an arrest, the suspect is granted an initial appearance before the court. At this early stage, the suspect is informed of the charges, reminded of his or her constitutional rights, appointed an attorney if one has not yet been appointed, and receives a bail hearing. If a continuance motion is granted, the suspect may be detained for up to three days pending a bail hearing. Although incarceration before or awaiting trial is generally allowed, suspects charged with serious offenses, such as ﬁrst-degree murder, ﬁrst-degree rape, ﬁrst-degree robbery, ﬁrst-degree burglary, kidnapping for ransom, and drug trafficking, may be denied bail. Factors considered in setting bail include prior record, the nature and circumstances of the present charge, the strength of the evidence, family ties, employment and ﬁnancial resources, character and mental condition of the suspect, danger to society, and the likelihood that the suspect will appear for trial. Detention orders are accompanied by written ﬁndings of fact and the reason for this outcome. Suspects who are denied bail are placed on an expedited calendar, and the case is given priority over cases involving suspects who are free on bail. Congress has extended to all defendants in the territory the rights of the accused provided in the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the U.S. Constitution. These rights include, but are not limited to, protections against unreasonable search and seizure, the exclusionary rule, protections against self-incrimination, protections against double jeopardy, the right to face one’s accuser, the right to a public trial, the right to be tried by an impartial jury, protection against excessive bails and ﬁnes, protection against cruel and unusual punishment, and the right to due process. According to the U.S. Sentencing Commission, in 2006, almost 90 percent of the offenders sentenced in the District of the Virgin Islands had their cases resolved by a plea agreement. Eighty-three percent of those sentenced received a term of incarceration. The remaining defendants received punishment ranging from prison and community service (2.6 percent) to probation and conﬁnement (3.4 percent) or solely probation (11.1 percent). In the Superior Court of the Virgin Islands (e.g., the

local court), slightly over half (54.88 percent) of criminal defendants invoked the use of a jury trial. The territory has in place a number of diversionary programs and alternative sanctions. Offenders charged with offenses other than murder, kidnapping, assault in the ﬁrst or second degree, rape in the ﬁrst and second degree, and arson in the ﬁrst degree can be diverted to a pretrial intervention program. Pretrial diversion may be ordered at the initial appearance or anytime thereafter. According to statute, not only must the offender’s participation be voluntarily, but the offender must also, in the presence of the committing officer, voluntarily waive the applicable statute of limitations and the right to a trial during the period of diversion. To be eligible for diversion to community supervision program or services, the offenders must have no prior conviction after the age of 17. Additional eligibility standards prescribe that the offender be free of outstanding warrants, continuances, appeals, or pending criminal cases. A recommendation from officials at the community supervision program outlining how the offender can beneﬁt from such a program is also required. Defendants who have been diverted to the Superior Court’s Pretrial Intervention Program are required to pay a $200.00 administrative fee for the monitoring and supervision services being provided.

Punishment Types of Punishment The territory uses a variety of sentencing options. The most commonly used sentencing options are probation and ﬁnes. According to the monthly statistical report, at the end of November 2007, there were 1,430 individuals under probation supervision. Considerably smaller than the probation ﬁgures, Correctional Compliance Coordinator Dwayne Benjamin explained that on any given day, there are approximately 75–100 detainees and 350–400 adjudicated inmates held in correctional facilities throughout the Virgin Islands. Restitution, electronic monitoring, and parole options are also utilized. The typical punishment for the more serious offenses such as murder, rape, burglary, robbery,

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United States Virgin Islands

and drug offense is incarceration. Banishment, public punishment, and corporal punishment are not practiced in the territory. Although the death penalty is not imposed in the USVI, defendants receiving life sentences are by Virgin Islands statute deﬁned as “civilly dead.” With the exception of inmates who are sentenced to life imprisonment without the possibility of parole, all inmates sentenced for a deﬁnite term or terms of 180 days or more (including life sentences) are eligible for parole. To be eligible, an inmate must have a good record of conduct and the recommendation of the director of the Bureau of Corrections. The recommendation from the director of the Bureau of Corrections must, in turn, be supported by the recommendation of a psychiatrist and/or psychologist. With affirmative recommendations, the inmate may be released on parole after serving onehalf of his or her imposed sentence, after serving 15 years of a sentence over 29 years, or after serving the minimum sentenced required by law. The Board of Parole, however, can ﬁx an even earlier eligibility date for a prisoner’s release based on a recommendation from the director of the Bureau of Corrections. Again, the director’s recommendation must be supported by the recommendation of a psychiatrist and/or psychologist. Also required for an earlier release date is a two-thirds affirmative decision by the members of the parole board. If an earlier release date is granted, the inmate can be release after serving one-third of his or her term or after serving 10 years of a sentence over 29 years, including life sentences.

Jails/Prisons The USVI maintains a separate system for juveniles. The Youth Rehabilitation Center is located on the island of St. Croix. According to Superintendent Catherine Tyrell, on any given day, there are approximately 30 juveniles held at the center. The juveniles range from 13 to 18 years of age. With respect to adults, there are two local jails, both of which are located on the island of St. Thomas. One jail houses both male and female detainees, and the other is home to adjudicated males serving one year

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or less. The only prison facility in the territory is the 600-bed Golden Grove Correctional Facility and Detention Center located on the island of St. Croix. Prison overcrowding is not a problem in the territory because approximately 20 percent of the prison beds at the Golden Grove facility go unoccupied on any given day. Because there are no jails on the island of St. Croix, a section of the prison is designated as a detention center for those awaiting trial. Inmates at the Golden Grove facility are classiﬁed and separated according to minimum, medium, and maximum level of security. Inmates can also be given “protective custody” status if they are deﬁned as “preys” and “predators.” The classiﬁcation level that inmates receive is initially based on the seriousness of the offense and, later, the behavior and demeanor of the inmate. Inmates of all levels of security are housed in the same facility. Within the facility, levels of security are divided by units. Each unit is equipped with day rooms, exercise rooms, and telephones. Although there are televisions, there is no access to cable networks. Daily newspapers are delivered each morning to interested inmates. Common areas, such as the dining room, are shared by all units. All units also share the prison law library, which is equipped with computers. Inmates, both detainees and adjudicated, are allowed to have visitors. Attorneys are entitled to unlimited amount of visitation hours with their clients. All others (e.g., family, relatives, friends, etc.) are allowed a maximum of three hours per visitation. Although spousal visits are welcome, conjugal visits are not allowed. Currently, there are no federal detention facilities in the territory. However, federal detainees can be separately housed at all three facilities located throughout the Virgin Islands. Once the cases have been heard and adjudicated, sentenced defendants are transferred via private aircraft to the Metropolitan Detention Center (MDC) Guaynabo in San Juan, Puerto Rico. Interviews with members of the courtroom work group disclosed that the islands’ lack of a federal detention facility creates challenges for the federal administration of justice in the USVI. Defense attorneys, for example, spoke of the

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extra burden they faced ﬂying to and from Puerto Rico to engage in face-to-face interviews with their clients. U.S. marshals must confront the logistical problems associated with transporting inmates. At times, judges are hampered by the backlog of cases brought on by delayed or canceled ﬂights. The territory is continuously taking steps aimed at improving the education and job skills of its inmates. A number of programs are already in place that are designed to give inmates an opportunity to earn a high school diploma or equivalency, earn a college degree, learn the English language, and receive job training. As a supplement to existing programs, a bill was recently passed by the Virgin Islands legislature that would give rise to a muchneeded reading program for jail and prison inmates. The program is being established on the principle that it will increase the self-esteem of inmates, which in turn will facilitate a decrease in the territory’s recidivism rates. Although the Bureau of Corrections may require inmates to work, the scarcity of jobs makes employment a challenge for all. Through an agreement with the Department of Public Works, the Bureau of Corrections can utilize the services of inmates for road beautiﬁcation, landscaping, the maintenance of public buildings, and other similar tasks. Inmates’ participation, however, is voluntary, and no inmates are allowed to work more than eight hours per day. By Virgin Islands statute, the inmates retain at least 20 percent of the income they receive. The remaining 80 percent is deposited in an account that can be used for restitution to the victim, payment of court-ordered ﬁnes, child support, payments on outstanding debts, and reimbursement to the territory for the lodging, food, transportation, and other expenses incurred as a result of the inmates’ charges and conviction. Work release is available to inmates with less than three years of their time remaining. The awarding of work release gives inmates the privilege of leaving the institution on a daily basis to fulﬁll employment or education obligations. Furloughs are another type of privilege that can also be extended to inmates. Inmates serving time for ﬁrst-degree murder and rape are ineligible for work release.

Defendants convicted of immigration violations can be deported back to their country of origins. However, illegal immigrants who commit violent crimes are required to serve their sentence prior to their deportation. No prisoners in the USVI are exchanged or transferred to other countries. However, the USVI is part of the Interstate Compact. Participation in the Interstate Compact makes it feasible to transfer Virgin Islands’ prisoners to prisons on the U.S. mainland. Currently, the USVI Department of Justice Bureau of Corrections has a contract with the Virginia Department of Corrections. The existing contracts allow for the transferring of USVI inmates with disciplinary problems and/ or those who require a higher level of security (i.e., in a super-max facility) to the Virginia Department of Corrections. Currently, there are as many as 25 inmates ﬁtting this description who as a result are now being housed in facilities in the state of Virginia. As part of the contract agreement with the Virginia Department of Corrections, the Virgin Islands Bureau of Corrections retains ﬁnancial responsibility for the transportation and housing of its off-island inmates. Gayle Iles

Further Reading Coeffelt, Soraya Dias. (2001). “The United States Virgin Islands at the Judicial Crossroads: Is it Time for a Supreme Court of the United States Virgin Islands?” Master’s thesis, University of Nevada-Las Vegas. Iles, Gayle. (2006). “America’s Forgotten Paradise: An Assessment of Sentencing Decisions and Outcomes in the United States Virgin Islands.” PhD dissertation, University of NebraskaOmaha. Leary, Paul, ed. (1992). Major Political & Constitutional Documents of the United States Virgin Islands. 1671–1991. St. Thomas: University of the Virgin Islands. Official Web site of the Government of the U.S. Virgin Islands: http://www.governordejongh. com/.

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Uruguay

Willocks, Harold, and Myron Allick. (1997). Massacre in Paradise: The Untold Story of the Fountain Valley Massacre. Published by Authors.

Uruguay Legal System: Civil Murder: Medium Corruption: Low Human Trafficking: Medium Prison Rate: Medium Death Penalty: No Corporal Punishment: No

Background The Eastern Republic of Uruguay is a constitutional democracy administratively divided into 19 departments with limited autonomy. It is the tiniest Spanish-speaking country in South America, with a surface area of 68,000 square miles. In 2008, the Uruguayan population was 3.3 million inhabitants, 1.6 million (48.5 percent) of whom made up the active workforce. About one-third (1.3 million) of Uruguayans reside in the capital city of Montevideo, and the remaining residents are distributed in 20 major townships; the urbanization rate of the country hovers around 92 percent. European descendants represent the largest ethnic group (93 percent), and two-thirds (66 percent) profess the Roman Catholic faith. The nation has a literacy rate of 98 percent. Uruguay had a gross domestic product of 32.3 billion in 2008, 60 percent of which was accounted for by the service sector. Agriculture and agriculture-related industry were responsible for 16 percent and 10 percent of the economy, respectively. Economic growth recovered after the banking crisis and economic collapse of 2001 and averaged 8 percent annually between 2004 and 2008. The GDP per capita adjusted for purchasing power parity reached US$12,200 in 2008. As of 2006, over 19 percent of Uruguayans lived under the poverty line, and 3.9 percent struggled in extreme poverty.

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In 2008, Uruguay’s unemployment rate dropped to 7.6 percent from the 19.4 percent recorded in 2003. The country has achieved third-highest level of human development in Latin America, second only to Argentina and Chile. Unlike most Latin American countries, Uruguay is characterized by high levels of educational attainment, a vibrant middle class in urban centers, comparatively small income inequality, a well-trained labor force, and high degrees of welfare spending. The typical Uruguayan living standard measures favorably in comparison with that of most other nations in the continent. Since the late 1980s, nearly 500,000 Uruguayans have left the country, migrating mainly to Argentina and Spain. Outﬂows to the United States also increased considerably. With the low birth rate, high life expectancy, and growing emigration of younger people combined, Uruguay is an aging society, which also distinguishes it from other Latin American societies.

History The Charrua Indians, expelled from Paraguay by the Guarani Indians, were the only occupants of present-day Uruguay before the arrival of the Europeans in 1516. However, the ﬁerce resistance from these aboriginals coupled with the lack of silver and gold in the region rendered the settlement of Spanish colonizers sparse in the area before the 1800s. The strategic importance of Uruguay increased signiﬁcantly after the Portuguese sought the expansion of Brazil’s frontiers. But it remained largely a farmland where the Spanish introduced cattle, and the export of beef and leather became a critical source of income and wealth. The rise of breeding industry and the establishment of Montevideo as a military stronghold in the early 18th century initiated a lasting competition between Montevideo and Buenos Aires, the capital of Argentina, for commercial and political inﬂuence in the region. Yet the small size of both its territory and its population had largely determined its destiny as an interstice in the constant clashes ﬁrst between the British, Spanish, and Portuguese colonial empires and then between the newly independent

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powers of Argentina and Brazil. In 1811, Uruguay gained autonomy from Spanish rule after a successful rebellion led by Jose Gervasio Artigas. However, in 1821, Uruguay, then known as the Provincia Oriental del Rio de la Plata, was surrendered to Brazil by Portugal. A series of violent uprisings against the new colonial rule ensued, and in 1825, Uruguay declared independence from Brazil and joined the regional federation led by Argentina. Strictly speaking, Uruguay did not become a truly independent state until 1828, when the military clash between Brazil and the ArgentineanUruguayan alliance prompted the intervention of Great Britain to broker the Treaty of Montevideo. The British, whose trade interests in the region were growing exponentially, convinced both Argentina and Brazil to renounce all territorial claims over Uruguay so that a pro-Britain buffer state could emerge. Its ﬁrst Constitution was promulgated in 1830. The rest of the 19th century witnessed intrusions by expansionist neighbors, politico-economic upheavals, and massive immigrations of Europeans. Jose Batlle y Ordoñez used the two terms of his presidency (1903–1907 and 1911–1915) to set Uruguay on the course of institutional modernization through extensive political, social, and economic reforms such as welfare initiatives, state intervention in the economy, and a diverse executive. In 1965, the U.S. Office of Public Safety, in close collaboration with USAID and CIA, began training Uruguayan police and intelligence in counterinsurgency techniques to meet the challenge posed by the growing urban guerrilla movement. Social and political instabilities had already forced a number of constitutional amendments by 1966, and a revamped Constitution was introduced in 1967. A state of emergency was declared in 1968, followed by a further suspension of civil liberties in 1972, to allow the armed and security forces to combat guerrilla groups with the greatest freedom and the least legal restraints. In 1973, amid increasing economic hardships and constant threats from left-wing revolutionary groups, the armed forces shut down the General Assembly and created a civilian-military government to bring about peace and stability through harsh repression and systematic abuses

of human rights. Uruguay returned to civilian rule in 1984 after a constitutional proposal by the regime was rejected in a 1980 plebiscite, and militarybacked parties and politicians suffered a complete defeat in internal elections held in 1982. Julio Maria Sanguinetti served as the ﬁrst democratically elected president after the military rule, and from 1985 to 1990, his administration undid the institutional anomalies to strengthen the democratic governance. To promote reconciliation in a society torn apart by years of armed struggle between the right and the left, Sanguinetti secured public support in a referendum for a contentious amnesty for former leaders in the military regime charged with human rights violations and sped the release of former guerrillas. Several radical groups (leftist parties, student groups, and labor organizations, etc.) that were banned or suppressed during the military dictatorship had since surfaced and been reintegrated as legitimate players in the Uruguayan politics. By 1985, all political parties were legalized by the government, and to date, there are no citizens incarcerated for political reasons or political groups banned for their views in the country. In October 2004, Tabare Vázquez won the presidential elections, and his party achieved parliamentary majority. The Vázquez administration implemented its campaign promise to revisit the human rights violations committed during the 1973–1985 military dictatorship and unearthed critical forensic evidence supportive of prosecutorial actions. As of 2009, the criminal justice system continued to probe these past ﬂagrant human rights abuses. Like its neighbor Argentina, Uruguay has vacillated between a forceful quest for transitional justice and a deep desire for lasting social reconciliation for the past 25 years. This ambivalence has left its imprint in the administration of justice.

Legal System The Uruguayan legal system includes a code of civil law. As a colony, it was ﬁrst ruled by the Spanish Law of the Indies, and once independent, Uruguay tailored its law after the Napoleonic code. The current Constitution, which was approved in 1967

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Uruguay

and then subsequently amended four times in 1989, 1994, 1996, and 2004, has established that all the laws of the land should be written and passed by Parliament and then enacted by the president of the republic. The Constitution organizes the state into three separate powers (i.e., executive, legislative, and judicial branches) and provides for basic human rights, including the right to life, honor, freedom, security, work, and property, as well as freedoms of religion, speech, and assembly and habeas corpus. The nation’s president leads the executive power and is both chief of state and head of government. President and vice president are elected on the same ticket by popular vote for ﬁve-year terms and are not allowed to serve consecutive terms. The Council of Ministers is appointed by the president and approved by the national legislature. The legislature consists of the General Assembly, which comprises the 30-member Chamber of Senators and the 99-member Chamber of Representatives; in both Chambers, members are elected by popular vote to serve ﬁve-year terms. The judicial power is vested in the Supreme Court of Justice and other tribunals instituted by law. The Supreme Court is formed by ﬁve justices appointed by the General Assembly with a two-thirds majority; justices serve for 10 years, and the presidency of the court rotates yearly among the ﬁve members. It has the authority to review and alter any decisions made by the appellate and ﬁrst-instance courts and is the only body empowered to declare laws passed by the General Assembly unconstitutional. Additionally, all decisions on issues involving diplomats and treaties with foreign countries, the execution of the rulings of foreign courts, and interactions among government agencies fall under the purview of the Supreme Court. The president of the Supreme Court of Justice has the power to participate in meetings of the committees of both chambers of the General Assembly and has a voice in discussion but is not allowed to vote. The courts of appeal decide on appeals of rulings and sentences by the ﬁrst-instance courts in civil, criminal, family, and labor matters. There are a total of 15 courts of appeal; all of them are located in Montevideo but have national jurisdiction.

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Each court of appeal has three sitting judges. Firstinstance courts have departmental jurisdictions, and each hears cases in family, administrative, civil, commercial, criminal, and labor laws. There are 89 ﬁrst-instance courts in Montevideo and 81 in the remaining 18 departments. There are 170 justices of the peace, each appointed for a four-year term, presiding over peace courts in Montevideo and other departments, rural peace courts, and misdemeanor courts. Justices of the peace are constitutionally mandated to attempt a settlement or resolution between parties in a hearing before a case enters court for trial.

Crime Classification of Crimes Almost all the crimes in Uruguay are classiﬁed similarly to other countries in the region. Its penal code was ﬁrst enacted in 1889 and comprehensively amended in 1934. The entire criminal law is divided into three parts. The introductory part deals with general principles of the law and the deﬁnition of offenses, which are classiﬁed into felonies and misdemeanors according to the severity of the social harm caused by the criminal behavior. It also stipulates various penal options, which range from imprisonment in a correctional facility to banishment, dispossession of political rights, annulment or suspension of professional credentials, and monetary ﬁnes. This ﬁrst part also discusses legitimate mitigating factors in a criminal adjudication, such as age, mental health status, and state of consciousness. The second part focuses on felony offenses, which comprise crimes against state sovereignty, political institutions, social order, public administration, and public health. The rest of the articles in this second part revolve around offenses against persons and property. The concluding part centers on misdemeanor offenses. Uruguay is one of the ﬁrst Latin American countries to deﬁne and penalize hate crime. A 1989 amendment to the penal code provided sanctions against violence or the incitement of hatred or any form of violence against other people based on race, color, religion, or national or ethnic origin.

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Throughout Uruguay’s history, several other statutes have been enacted to criminalize new forms of activities deemed harmful to the community and public safety. For example, a drug law was passed in 1974 to combat the commercial sale and use of psychoactive substances and to penalize the trafficking and consumption of illicit drugs. One of the most unique anomalies of the Uruguayan system is the concept of “extinction of crime by marriage” expounded in article 116 of the penal code. Speciﬁcally, punishment for the offense of rape is nulliﬁed by marriage between the offender and the victim. Related offenses that fall under this statute are violent indecent assault, statutory rape, and abduction/kidnapping. The Ministry of Interior periodically reports on the prevalence and trends of six major categories of crime, similar to the index crimes in the Uniform Crime Report of the United States. These categories are homicides, injuries, sexual offenses, robberies, thefts, and damages. Despite the multiplicity of offenses deﬁned in the penal code, all criminal offenses are captured and summarized under these categories in governmental tabulation of crime statistics.

Crime Statistics In general, crime and violence are not high in Uruguay by Latin American standards. The volume of offenses is greater in urban areas, especially in the capital city of Montevideo, than in the countryside. In Montevideo, areas frequented by tourists and disadvantaged neighborhoods suffer the highest rates of crime. Residential burglaries constitute a major public safety issue in the areas of Carrasco and Pocitos, where there are important concentrations of affluent families and resident foreign diplomats. Recent trends in official crime statistics show a bifurcated development: between 2000 and 2006, violent offenses categorized under the labels of homicides and injuries declined by 16.3 percent and 7.2 percent, respectively, whereas property offenses identiﬁed as robberies and thefts rose dramatically, by 34.6 percent and 71.8 percent, respectively. Record-high rates of unemployment

and the unprecedented drop in Uruguayans’ purchasing power resulting from the economic breakdown of 2001 may partly account for the property crime wave. Sex victimizations appear to be stable in recent years. According to the Departamento de Datos, Estadisticas, y Analisis, of the Uruguay Ministry of Interior, crimes recorded by police in 2006 were as follows: Homicides Injuries Sex offenses Robberies Thefts Damages

144 6,897 738 6,764 77,170 8,753

Drug Abuse and Related Offenses Uruguay is neither a major drug-producing country nor a major nexus of transshipment. However, free trade zones afford relative anonymity for the movement of licit and illicit merchandise. Its strategic maritime location and unguarded land borders with Brazil and Argentina further aggravate its vulnerability to drug trafficking. Efforts to strengthen port security and customs services were progressing slowly as of 2007, limiting inspection of containers at maritime ports and cargo shipments at the international airport. Overall, consumption of illicit drugs is moderate. About 0.2 percent of Uruguayans aged 15–64 abused opiates, including heroin, according to United Nations Office on Drugs and Crime 2008 World Drug Report in 2008. The increasing local demand for the very addictive and accessible cocaine-based derivative known as “pasta base” is a rising concern. Regular users of cocaine make up 1.4 percent of the population aged 15–64. Yet users of cannabis or marijuana constitute the largest group of drug consumers, with a prevalence rate of 5.2 percent. Synthetic drugs such as various forms of amphetamines (0.3 percent) and Ecstasy (0.2 percent) are making inroad into the Uruguayan population. Uruguay is a signatory of the 1988 United Nations Drug Convention and thus is required to criminalize drug trade and use and collaborate in

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Uruguay

the global drug control. In 2007, the government of Uruguay conﬁscated 657 kilograms of regular cocaine and 84 kilograms of “pasta base” in both national and international antidrug operations, but there was no heroin seized, and no cocaine labs were destroyed in the same year. In addition, the processing of drug cases in Uruguay is distinguished by a very high attrition rate. For example, the government made 1,923 drug-related arrests in 2007, but only 486 convictions and 13 imprisonments resulted from these arrests.

Human Trafficking Because prostitution is legal for adults and is widespread in major cities and tourist resorts, trafficking of women and children for prostitution occurs to cater to the demand. Victims are mostly women and girls, and some boys, who are trafficked, sometimes with the consent and assistance of their families, within the borders of Uruguay to areas frequented by domestic and foreign tourists for sexual exploitation. Others fall into the hands of international criminal syndicates and are sold to brothels in Spain and Italy. According to officials from the International Organization for Migration, traffickers have a net proﬁt of US$13,000 per year on each woman they exploit in the region. The involvement of minor children in child prostitution and child pornography is particularly alarming. The large number of missing and/or street children provides a large pool of minor candidates for the sex industry. The Ministry of Interior has estimated that about 3,100 minors lived or worked on the streets of Montevideo and surrounding area in 2003, and in the month of June 2004 alone, law enforcement authorities in inland Uruguay received 72 requests to locate missing children, 15 of whom were girls. In 2008, after detecting a growth in online child pornography material produced in the provinces of Maldonado, Salto, and Artigas and broadcasted through servers based in central Europe, Interpol joined Uruguay’s Ministry of Interior to promptly investigate and prosecute ﬁve cases of child pornography. This social malady has yet to come under effective control.

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Forced labor is another factor driving human trafficking. Parents strained by extreme economic hardships reportedly trade their own children for domestic and agricultural servitude in rural areas. UNICEF projected that over one-fourth of children working as domestic servants in Uruguay were less than 10 years old. When minors live and work away from their adult caregivers or guardians, they become vulnerable to sexual and physical abuse as well as economic exploitation. Uruguay has recently stepped up its anti-trafficking efforts. An anti-trafficking law was enacted as part of a broad immigration reform in December 2007 to ban all kinds of trafficking in persons and to impose punishments of up to 16 years in prison, which surpasses the harshness of sanctions set down for rape. Statutes also prohibit forced labor, trafficking of minors, and child pornography, allowing punishments of up to 12 years in prison. These powerful legal tools notwithstanding, the government of Uruguay has been accused of not doing enough to eliminate the problem because the invocation of these anti-trafficking laws is uncommon, and the number of related convictions is even rarer, according to the U.S. State Department.

Finding of Guilt The Criminal Procedure The code of criminal procedure regulates the process of criminal adjudication, which is primarily written. One oral hearing is permitted when the defendant has been taken into custody in ﬂagrante delicto, has made a confession or pleaded guilty, or has committed a nonserious or misdemeanor offense that allows for a succinct investigation and expedite ruling, but in practice this oral hearing is rarely convened. The principles of due process, double jeopardy, territoriality, and official procedure guide the criminal process. The courtroom contest involves the judge, the prosecution, and the defense. The Uruguayan criminal procedure has evolved to a mixed system made up of an inquisitorial phase (preliminary and investigative stages) and an accusatory phase (the trial stage). During the preliminary and

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investigation stages, the judge may present charges, although the prosecutor also has the right to play the role. And during the accusatory phase, the prosecutor presses the charges forward or requests a stay. All trials in Uruguay are public in the sense that they are open and announce a public statement of the charge. Nevertheless, written arguments by both the prosecution and the defense are submitted to the judge, and these written statements are unavailable to the public. The defense attorney has the right to access and review all written documents submitted to the court. For crimes that carry a sentence of more than three years, appeals are automatic.

Rights of the Accused The Uruguayan Constitution requires the issuance of a written warrant by competent authorities for the arrest of criminal suspects unless the suspect is caught in the act of committing the crime. The suspect can be held incommunicado for 24 hours and be brought to answer charges before a judge, who has to decide whether to free the person or press charges against the person. The accused has the right to legal counsel, and public defenders are regularly appointed to represent indigent defendants who cannot afford counsel. In cases where the accused is charged with a crime that carries a penalty of at least two years, the individual can be detained during the investigation of the case. A bail bond is granted only if the individual is not deemed a danger to society or a ﬂight risk. The Uruguayan Constitution provides neither protection against self-incrimination nor right to trial by jury.

Juvenile Justice A separate juvenile justice system was established in 1934 through a code for minors. Offenders under the age of 18 come under the jurisdiction of juvenile courts in Montevideo. In 2005, these juvenile cases represented 11.6 percent of all cases processed by the Uruguayan administration of justice (including civil, family, criminal, and labor cases). Specialized institutions are entrusted with the task of rehabilitating and educating youths under the care of

the juvenile justice system. The National Institute for Minors oversees and operates all facilities that deal with minors in Uruguay. Juvenile offenders who have committed very serious crimes are incarcerated in juvenile detention centers whose design and management are patterned after those found for traditional cell-based adult prisons. Those juveniles who are deemed low risk are placed in halfway houses geared solely toward rehabilitation and reintegration.

Punishment Most criminal offenses are punished with custodial sanctions and/or monetary ﬁnes. The death penalty was abolished by Constitution in 1907, and the last recorded execution took place in 1905. Less ordinary penal sanctions include exile to foreign countries and internal banishment or forced relocation. Despite the constitutionality of the use of exile as a criminal punishment, it has been very rarely applied in the criminal justice process. Sadly, most recent cases of forced exile occurred during the 1973–1985 military rule when hundreds of Uruguayan citizens, including many well-respected public ﬁgures such as the journalist Eduardo Galeano and the novelist Juan Carlo Onetti, were driven out of their own homeland, not as a punishment for any crime committed but as a governmental response to their political views or involvement in social activism.

Prison The Uruguayan prison system was ﬁrst developed in the early decades of the 19th century, and by the 1870s, humane treatment of prison inmates had become an openly stated goal of the country’s correctional management. The revision of the penal code in 1882 and the subsequent report from a study commission led to the adoption of the hybrid Pennsylvania-Auburn model of penitentiary administration. As a result, mandatory labor and the implementation of graduated sanctions with rewards and penalties aimed at modeling prosocial behaviors became the core of the rehabilitation process. The progressive movement of prison reform

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Venezuela

continued into the 20th century with the creation of specialized facilities or units for defendants awaiting trials, women offenders, inmates with mental health problems, and colonies for educational and vocational training. Currently, the National Directorate of Prisons under the Ministry of Interior oversees and manages all federal prisons and departmental jails. Defendants awaiting trial and/or sentences are temporarily detained in departmental jails. Once they are convicted and sentenced to incarceration, these offenders are transferred to one of the three main federal prisons or to the work colony at San José (the Educational Colony of Work). Of the three federal prisons, two are for men (Prison No. 1 and Prison No. 2), and the third is for women (the Establishment for the Correction and Detention of Women). The largest prison in Uruguay is the COMCAR prison in Montevideo, which is located in the Santiago Vasquez district on the outskirts of the city. The work colony is divided into maximum-, medium-, and minimum-security units on a premise of 1,800 acres. Attempts at rehabilitation take place at the work colony where agricultural work is mandated for all inmates. Work is mandatory for all sentenced inmates serving time as well as detainees awaiting trial in all correctional facilities. The latter are paid a symbolic wage upon release. Prerelease facilities for inmates due for release exist to accommodate the special needs of these offenders preparing for reentry, whose families are permitted to stay with them until the ﬁnal discharge. Although Uruguay pioneered the modern administration of prisons in Latin America, and its Constitution prohibits torture or cruelty against prisoners, the country has been severely criticized in recent years for inadequate maintenance, poor administration, and abuses of inmates’ civil rights. Overcapacity and understaffing created sanitation, social, and health crises of unimaginable proportion. Experts from the United Nations reported that because of the lack of access to medical care, many inmates had to hurt themselves to get a chance to see a doctor. Others relied on visitors for sufficient food to obtain the required daily nutritional intake, whereas 35 percent of the inmates are believed to

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be infected with tuberculosis. Inmate-on-inmate violence remained rampant, partly contributed to by insufficient separate, high-security units for violent offenders. According to data provided by the Ministry of Interior, between 2000 and 2006, the size of the Uruguayan prison population increased by 52 percent, from 4,368 in 2000 to 6,638 in 2006, averaging an annual increment of 8 percent. The recidivism rate among prison inmates as measured by the percent of inmates being repeat offenders rose from 49 percent in 2000 to 55 percent in 2006. Amilcar Herbert and Hung-En Sung Further Reading Departamento de Datos, Estadisticas, y Analisis. (2006). Observatorio Nacional sobre Violencia y Criminalidad de Uruguay. Montevideo: Ministerio del Interior. Gillespie, Charles Guy. (2006). Negotiating Democracy: Politicians and Generals in Uruguay. New York: Cambridge University Press. Scheina, Robert. (2009). History of Uruguay: Early and Modern Uruguay. Mauritius: Alphascript Publishing. Winslow, Robert, and Sheldon Zhang. (2008). Comparative Criminology: A Global Perspective. Upper Saddle River, NJ: Prentice Hall.

Venezuela Legal System: Civil/Common Murder: High Corruption: High Human Trafficking: Medium Prison Rate: Medium Death Penalty: No Corporal Punishment: No

Background Venezuela is a country of approximately 27.5 million inhabitants, located on the northern coast of

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South America. It has been peopled for many thousands of years by Amerindian tribes, including the Wayuu, the Warao, and the Yanomami. Christopher Columbus ﬁrst saw the South American mainland on his third voyage to the Indies in 1498, and Spanish colonization began in earnest during the 16th century. Three racial groups met and mixed in this process: the Amerindians, who already inhabited the territory; the Caucasians who colonized it; and the Africans who were brought in as slaves up until the 1850s. From 1498 until the early 19th century, Venezuela was part of the Spanish empire. The movement for independence began in 1810 and ﬁnally came to fruition in 1821. Venezuela was ruled by autocrats until well into the 20th century, with the ﬁrst elected government taking office in 1948. This was shortlived, but electoral politics were ﬁrmly established in 1958 with the overthrow of the military dictator Marcos Pérez Jiménez. There have been attempted coups during the years since then (the most recent in 2002), but none have been successful. Currently, Venezuela is the world’s ninth-largest producer of oil and the ﬁfth-largest exporter. Rapid increases in oil revenues, both in the 1960s and 1970s and in very recent times, have caused some marked distortions in the economy and fostered corruption and mismanagement. Thus, despite vast oil revenues, the gross domestic product is only slightly above the average for Latin American countries, and only about one-seventh that of the world’s wealthy nations. One-third of the population is classiﬁed as poor (household income does not cover basic expenditures) and one-tenth lives in “extreme poverty” (income does not cover the cost of food). Unemployment hovers around the 17 percent mark, and approximately half of the economically active population work in the informal sector (characterized by low wages, lack of job security, and no welfare beneﬁts). Economic problems led to serious rioting in 1989, in what became known as the Caracazo (after the capital city, Caracas, where most of the violence was concentrated). This was a series of disturbances that took place over several days in which more than 300 civilians died, at least 45 of them

at the hands of the police and military forces. The Caracazo and its brutal aftermath fueled discontent among radical military officers, and in February 1992, some of them attempted a military coup. This was unsuccessful but, coming after the relative calm of the 1970s and 1980s, galvanized the country. One of its leaders, Lieutenant Colonel Hugo Chávez, achieved instant national fame for a short speech to his comrades in arms, delivered on television immediately after his arrest. Along with coconspirators, Chávez was convicted of military rebellion and imprisoned; however, the government released him in 1994, and he immediately began political activities aimed at seeking the presidency in 1998. Dissatisfaction with the traditional parties was very high, and Chávez won the presidency with a landslide majority. Immediately on entering office, Chávez dissolved the Congress and called for a Constituent Assembly to draft a new constitution. The new constitution (approved at the end of 1999) partially reshaped the institutional landscape of the country, particularly the Congress and the judiciary. Following reelection in 2006, Chávez announced plans to reform the Constitution yet again and set the country on the path to “Twenty First Century Socialism,” but these plans were rejected in a referendum held in December 2007.

Legal Tradition As a former colony of Spain, Venezuela obviously has its legal roots in Europe. The most recent version of the criminal code, enacted in 2005, contains many articles from former versions (particularly that of 1926), although it has been modiﬁed to account for contemporary circumstances (particularly penalizing aggressive opposition to the government). Nevertheless, the term criminal “code” is something of a misnomer because the code itself does not codify all crimes, and there is a long tradition in Venezuela of promulgating additional criminal legislation through separate laws. Notable in this regard are the Anti-Corruption Law (1982), the Drug Law (1994, most recently reformed in 2005), the Environmental Crimes Law (1992), the Law on Women’s Right to a

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Venezuela

Life Free From Violence (1998, 2007), and the Law against Organized Crime (2005). Until around 1999, criminal procedure in Venezuela was inquisitorial (investigation and adjudication undertaken by judges, frequent use of preventive detention, written proceedings, limited access to case ﬁles for the defendants and their attorneys, no juries). However, like many other Latin American countries, Venezuela adopted the adversarial model (in July 1999), which produced a paradigm shift in the criminal justice system. The primary responsibility for investigations was transferred from the judges to the public prosecutors; the use of preventive detention was greatly restricted; proceedings were conducted on an oral basis; and lay co-judges and juries were instituted for more serious crimes. This change, which took arrest powers away from the police and drastically reduced the number of suspects in preventive detention, coincided with a signiﬁcant increase in crime rates. The popular perception was that the new legislation had done nothing to stem the rise in crime and may have done something to fuel it. Additionally, it proved difficult to convene juries to try the most serious crimes, thereby producing long delays in proceedings. Thus, calls to reform the procedure code were soon being made (by politicians, the police, and the public), and in 2001, changes were made that increased the scope for arrest and preventive detention and eliminated juries (although lay co-judges are still used in more serious cases). Further reforms were made in 2006 and 2008.

Crime Classification of Crimes The criminal code distinguishes between crimes, which are punishable by imprisonment, and misdemeanors (faltas), which are punishable by arrests or ﬁnes. In the code, crimes are classiﬁed by major types, as follows: • Crimes against national sovereignty and national security: treason and espionage; crimes against national and state government; crimes against international law.

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• Crimes against liberty: crimes against political, personal, and religious freedom, etc. • Crimes against public administration: embezzlement, extortion, corruption, misuse of authority, aggressive words or acts against public officials. (Corruption is also deﬁned in the 1982 anti-corruption law.) • Crimes against the administration of justice: failure to provide legal assistance, simulating crimes, false testimony, collusion, concealment, ﬂight, etc. • Crimes against public order: conspiracy to commit crime; incitement to crime; manufacture and carrying of weapons, incitement to civil disorder and resistance. • Forgery: false currency; forged seals, ﬁscal stamps, documents, passports, licenses, etc. • Crimes against public and private interests: arson, causing ﬂoods, etc.; against public health and nutrition. • Crimes against public morals and the family: rape, seduction, prostitution, corrupting minors, adultery, bigamy, etc. • Crimes against persons: homicide, battery, abortion, abandoning children, slander, etc. • Crimes against property: theft, robbery, extortion, kidnapping, fraud, etc. • Drug crimes (deﬁned in a separate law): • Trafficking, distribution, supply, manufacture, preparation, reﬁning, alteration, extraction, preparation, production, transport, storage, organization, ﬁnancing, or aiding in the trafficking of substances or raw materials prohibited by the law. • Planting, cultivation, harvesting, preservation, storage, organization, or ﬁnancing and in general, any illicit act of acquisition, trafficking, supply, storage, and distribution of seeds, plants, or parts of plants that contain any of the substances prohibited by the law. • Illegal possession of substances, raw materials, seeds, plants, or parts of plants that contain any of the substances prohibited by the law.

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• Laundering money derived from drug offenses. • Providing drugs to a minor. • Providing a vehicle or premises for drug use. • Incitement to drug use. Substances that are subject to criminal law are those listed in international agreements and ratiﬁed by Venezuelan law, such as the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, and any other substance deﬁned as narcotic or psychotropic by the Venezuelan Ministry of Health. The drug law creates a distinction between drug users and those involved in the production, distribution, possession, and sale of drugs. The former are sentenced to treatment, whereas the latter are punished. In Venezuela, misdemeanors are divided into the following: • Public order: for example, failure to obey an order, begging, disorderly behavior. • Public safety: improper manufacture and sale of arms, faulty construction practices, illegal elimination of waste materials, etc. • Public morals: betting and gaming, insobriety, offenses to public decency, etc. • Public protection of property: for example, unlawful possession of weights and measures, unlawful copying of keys. State police codes also include many of the same misdemeanors, which are similarly punishable by arrest or ﬁne.

Crime Statistics In 2007, a total of 156,258 serious crimes were recorded by the police. Of these, property crimes were by far the most common, with the different types of theft and robbery accounting for nearly 70 percent of the total. Violent crime is less common, although it is a source of serious social concern. Of particular note is the category “resisting authority,” which refers to civilians killed in allegedly armed confrontations with the police. As human rights

organizations have frequently pointed out, many of these encounters take place away from public view, and some may involve execution-style killings by the police; thus, the extent to which these incidents represent legitimate use of force rather than police violence is particularly hard to determine. (In 2007, more than 1,500 people were killed in this way.) Kidnappings have also become sufficiently frequent to earn a place in the police statistics, with at least 279 victims during 2007. It is well known, of course, that not all crimes are reported to the police, and the “dark ﬁgure” of crime is generally larger than that which is officially recorded. Estimates from surveys of crime victims in Venezuela indicate that between 30 and 40 percent of common crimes are reported to the police. Reporting rates for serious crimes, such as kidnapping and vehicle theft/robbery, are over 80 percent, whereas the rate for less serious crimes such as simple theft hover around 20 percent. As important as the total number of crimes committed is their frequency relative to the population (i.e., the crime rate) and the extent to which this is changing over time. In 2007, there were 569 serious crimes per 100,000 inhabitants. This rate has decreased by nearly 20 percent since 2000. However, within this overall picture, violent crimes and property crime show different trends. Property crimes decreased by nearly 30 percent, from 552/100,000 in 2000 to 394/100,000 in 2006. As the predominant type of recorded crime, property crimes naturally exerted a strong inﬂuence on the total crime rate. By contrast, the rate of violent crime increased by about 20 percent between 2000 and 2006. Within this group of crimes, homicides showed a particularly dramatic increase, from 33/100,000 in 2000 to 48/100,000 in 2007—an increase of almost 50 percent. In Caracas, more than 2,700 people were killed in 2007, making it one of the most violent cities in the Americas, with a murder rate of 130/100,000. In addition, the ﬁgures for homicide do not include deaths through “resistance to authority,” alluded to previously. These killings by the police occurred at a rate of 5.7/100,000 during 2007.

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Venezuela

Although information is unavailable on the rates and types of crime committed in urban and rural areas, inspection of the crimes recorded for each of the 23 states and the metropolitan district (Caracas) indicates that, overall, property crime predominates everywhere. However, in the rural regions of the country, simple thefts are somewhat more prevalent, as are assaults. By contrast, vehicle theft/robbery and kidnappings tend to be concentrated in the more urban regions of the country.

Finding of Guilt Rights of the Accused Article 125 of the criminal procedure code (CPC) sets out a number of legal rights for persons accused of crimes: 1. To be informed speciﬁcally and clearly of the charges. 2. To call family members, an attorney, or a legal aid association to advise of arrest. 3. To assistance, during the preliminary investigation, by a defense attorney or public defender. 4. To an interpreter, should one be necessary, without charge. 5. To request that the prosecutor investigate facts or circumstances that might establish innocence. 6. To declare directly to a judge. 7. To request that the investigation proceed and to be informed of its content, except where parts have been temporarily declared conﬁdential. 8. To request a speedy revocation of preventive detention. 9. To adhere to the constitutional precept of silence or to declare while not under oath. 10. Not to be tortured or treated in a cruel, inhumane, or degrading manner. 11. Not to be subjected to investigative or detention techniques that alter free will or volition, even when freely consented to. 12. Not to be tried in absence, except in cases permitted by the Constitution.

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Apart from these, the CPC establishes the following other important requirements and opportunities regarding the accused: 1. Trial by judicial panel. Currently, the CPC provides for a bench trial (i.e., trial by a professional judge) in misdemeanor and criminal cases where the maximum prison sentence is no greater than four years. The other, more serious cases are tried by a judicial panel comprising one professional and two lay judges. Lay judges are selected from voter rolls. 2. Sentence reduction for a guilty plea. There is no provision for plea bargaining in Venezuela. However, if the accused pleads guilty at the preliminary hearing, the judge must move immediately to sentencing and must reduce the sentence accordingly. The maximum reduction permitted for violent offenses is onethird, but for other offenses and depending on circumstances, the reduction can be up to onehalf (article 376, CPC). 3. Appeals. The CPC allows the accused to appeal procedural decisions (e.g., concerning bail or preventive detention) and adjudication (ﬁnding of guilt). If the appeal is upheld, the case is sent for retrial in the same jurisdiction, but before a different judge or judicial panel.

Legal Assistance for the Accused Accused persons may name up to three private attorneys, or if they do not have the necessary ﬁnancial resources, the court will appoint a public defender to represent them. If there is no public defender in the jurisdiction, the court can name a private attorney to serve the accused without fee. The Public Defender’s Office is administratively attached to the Supreme Court. In 2001, there were 517 public defenders, 356 of whom were working in the adult criminal justice system and 161 in the juvenile justice system. Public defenders ﬁnd that they have very high caseloads and complain that it is impossible to give more than cursory attention to most offenders.

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Responsibility for Investigation and Prosecution of the Case In establishing an adversarial procedure to replace the former inquisitorial system, the new CPC assigned the primary responsibility for investigating and prosecuting cases to the public prosecutor. The Public Prosecutor’s Office (known as the Ministerio Público or Fiscalía) is an independent body with ofﬁces in each judicial circuit. In 2001, there were a total of 498 prosecutors: 55 covering national cases, 24 senior prosecutors, 116 prosecutors in Caracas, and 303 in the states. Each prosecutor has one or two assistant prosecutors. The prosecutors are, ﬁrstly, responsible for criminal investigation and case preparation. In this, they are assisted by the police, with whom they must establish a close and effective working arrangement, while at the same time exercising oversight of police activity. In Venezuela, there are numerous police agencies, among which the following are particularly relevant: 1. Judicial police. This is the principal police agency charged with investigating crime. It is the primary agency to which the public reports crimes, and—with certain exceptions—crimes reported to (or detected by) other police agencies must be passed on to the judicial police as soon as possible. Attached to the Ministry of Interior and Justice, it has about 8,200 officers. 2. State police. Each state has its own police force, which is responsible for public order, crime prevention, and preliminary arrest and criminal investigation. In total, there are some 58,000 state police officers. 3. Municipal police. Approximately 100 municipalities have their own police forces (with a total of almost 11,000 officers). Their functions are very similar to those of the state police. Starting in 2009, the state and municipal police forces will be partially integrated as a national police force. 4. National Guard. Attached to the Ministry of Defense, the National Guard has general responsibilities for public order and speciﬁc re-

sponsibilities in relation to drug trafficking, contraband, and environmental crimes. It has about 32,800 officers. Although these and other police agencies may undertake their own investigations of crimes, as soon as arrest becomes a necessity or a possibility, the case must be referred to the prosecutor. If the police make an arrest in the course of their activities, they must refer the case to a prosecutor within 12 hours. If the police wish to make an arrest in connection with an ongoing investigation, they must seek the approval of the prosecutor, who in turn must request a warrant from a criminal court. The prosecutor will direct the judicial police in the preparation of a case that will be taken to court. This includes undertaking interrogations and inspections and, with authorization from the court, interception of telephone calls and searches of houses or other premises. Judicial warrants for these activities are valid for 30 days and renewable on request. Once a case has been prepared, the responsibility for taking it through the court system rests with prosecutors. Criminal courts in Venezuela are divided into three types, which correspond to the investigation, adjudication, and sentencing and sanction of the offender. Prosecutors are heavily involved in the control and trial phases of the process, requesting warrants, continuations, dismissals, and the like; presenting evidence and cross-examining defense witnesses; and making opening and closing statements. They are also notiﬁed of key decisions relating to the sentence as it is being served but generally involve themselves little in this aspect of the criminal justice system. In 2002, the Public Prosecutor’s Office initiated 220,000 new cases, and in 2005, the number of new cases was 300,000—an increase of about one quarter. This ﬁgure covers all kinds of crime and misdemeanors and is therefore much larger than the totals of serious crime reported previously. According to the attorney general, in 2005, each prosecutor (and their assistants) had to deal with an average of 2,808 cases. With such caseloads, priority is obviously given to cases for which there is

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an arrestee or a suspect who has been accused. It is not surprising that many cases remain open or inactive: in 2005, about 58 percent of cases were closed (through discretionary closure, dismissal by the court, or adjudication), but 42 percent of cases remained open. However, this latter ﬁgure was a major improvement over earlier years: in 2002, just 15 percent of cases were closed while the rest remained open. The marked increase in closure rates between 2002 and 2005 is probably due more to changes in administrative procedure (i.e., a decision to treat pending cases as closed almost immediately if there is little or no chance of proceeding to prosecution) than to marked increases in prosecutorial efficiency.

Alternatives to Going to Trial Apart from dismissal, there are a number of ways in which a case may be resolved without trial: 1. The opportunity principle. The prosecutor can ask the court to close a case if it is a trivial or highly infrequent crime; when the accused had very minor participation in the crime; in crimes of negligence, in which the accused has suffered grave physical or moral injury; when conditions would be met for granting probation; when the punishment would be extremely light; or when the case involves organized crime, and the accused cooperates with the investigation (article 37, CPC). 2. Restitution. Restitution made by the offender to the victim(s) is applicable for crimes that affect property and for crimes of negligence that have not caused death or permanent serious physical harm, when the victim(s) and accused have agreed to restitution. The offender must offer some kind of monetary compensation to the victim and agree to perform work or some other activity for them or may simply apologize for the offense. The important thing is that the victim agrees to the proposal. 3. Diversion. This option is open to persons accused of crimes that carry a maximum prison sentence of three years. The accused must

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admit to having committed the crime and offer reparations to the victim. If diversion is granted, the adjudicatory procedure is suspended, and the offender is placed on probation for a period of one to two years. 4. A guilty plea. As mentioned previously, if the accused pleads guilty, investigation and/or adjudication are immediately suspended, and a sentence is imposed. Offenders can be given a reduction of between one-third and one-half of their sentence for entering a guilty plea.

Case Processing Pertinent information was provided by the public prosecutor for the year 2000. Dismissals represented the most frequent outcome, accounting for 42 percent of cases. These were followed by cases declared as “pending further action” (almost onethird of the total). Diversion was used in only 1 percent of cases, but reconciliation (which was at that time permitted in cases of family or intimate violence) was used somewhat more frequently (3.2 percent). Formal charges were ﬁled in 6,137 cases, of which 1,458 (5.4 percent of all cases, 23.7 percent of cases charged) resulted in guilty pleas. The other cases (4,679) proceeded to trial, although the outcome was not recorded.

Incarceration Before, or While Awaiting,Trial Preventive detention can be used when the offense is punishable by imprisonment, when there are grounds for accusing the suspect, and when there is a reasonable presumption that the accused will ﬂee or attempt to obstruct any part of the investigation (article 250, CPC). Risk of ﬂight is determined by the circumstances of the accused (taking account of employment, family circumstances, and residence), by their behavior during the current case (or a previous case), and by the magnitude of harm caused through the crime. Unless the accused is caught “in the act,” preventive detention must be requested by the prosecutor and decided by a judge within 24 hours of the prosecutor’s motion. When preventive detention is

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ordered, prosecutors have 30 days (with an additional 15 days if requested) to ﬁle charges or make some other case decision. If no action has been taken, the accused can be released or subjected to a cautionary measure. Cautionary measures are as follows: house arrest; supervision by a designated person or institution; reporting to the court or other institution; prohibition on leaving the country, or the jurisdiction where the trial will be held; prohibition on attending certain meetings or frequenting certain places; prohibition on communication with certain individuals (without impinging on the right to defense); restraining order (domestic violence and rape); and bail. Such measures are applicable only when the potential prison sentence does not exceed ﬁve years and the accused has no prior convictions. However, they are rarely used. For example, in 2001, the Ministry of the Interior and Justice reported that, nationwide, only 71 accused were subject to cautionary measures. According to ﬁgures from the Ministry of the Interior and Justice, in 1998 (the year before the current CPC was implemented), an average of 14,573 offenders were in preventive detention, representing 60 percent of the total incarcerated population. By 2000, this ﬁgure had fallen to 6,418 (42 percent of the total). However, with the loosening of the guidelines in 2001 and perhaps a more conservative approach among judges in the face of high levels of social concern about crime, the number of accused on preventive detention has increased. By late 2007, 11,933 accused were in preventive detention (equivalent to 57 percent of the total incarcerated population). After 10 years under the new procedure code, preventive detention may be back to where it was under the inquisitorial system.

Criminal Court Judges: Number, Qualifications According to information from the Supreme Court, in 2008, there were 621 criminal court judges. The urban states, with large populations and higher crime rates, have larger numbers of judges than the rural states. Interestingly, women dominate this profession: 62 percent of judges are female. Qualiﬁcations

necessary for serving as a professional judge and additional criteria used in selecting judges are as follows: Venezuelan nationality, lawyer, at least ﬁve years’ professional experience or graduate credential and at least two years’ experience, good moral standing, no civil or political interdiction, no union activity or political party affiliation, satisfactory physical and mental health, willing to submit to periodic investigations of family wealth, computer skills. The appeals courts and Supreme Court require a minimum of 10 years’ experience. Appointment is by competitive examination, organized by the Executive Direction of the Judiciary, attached to the Supreme Court. To serve as lay judges, citizens must be at least 25 years old and have completed secondary education. They must live in the jurisdiction where the case is being tried, have no criminal record, and have no physical or mental condition that would impede their role. Government officials and lawyers cannot serve in this capacity.

Juvenile Justice In 1990, Venezuela set in motion the reform of its juvenile justice system when it signed and adopted into law the International Convention on Children’s Rights. Following this, intensive work and consultation by legal scholars and children’s advocates led to the development and implementation of a new law in 1998 called the Organic Law for the Protection of Children and Adolescents. This replaced the preexisting Minors Law and instituted a change from a paternalistic to a due process model of juvenile justice. In relation to crime, juveniles are governed by the same laws as adults, and there are no status offenses. However, juvenile preventive detention, adjudication, sentencing, and sanctions are organized through separate institutions that deal only with juvenile cases. The National Institute for Minors runs the juvenile detention centers, including both preventive detention and postsentencing detention, and also provides professional and administrative support for other actions taken with juvenile delinquents. Special juvenile courts oversee

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the preliminary, trial, and supervisory stages of case processing. According to the Supreme Court, in 2008 there were 151 juvenile (criminal) judges, 82 percent of whom were female. The law makes an important distinction between children (under 12 years old) and adolescents (12 to 17 years old). Children are considered to be free from responsibility for their criminal acts. Adolescents are held responsible for their criminal acts. The juvenile court operates with the same professionals (judges, prosecutors, public defenders, etc.) and most of the same procedures (e.g., oral trial) as criminal courts, except that juvenile proceedings are not public. If children are found to have committed a crime, they must be assigned to a protective measure, such as improved family care and supervision, foster care, adoption, or treatment. Adolescents can be assigned to one of the following measures: warning, community service (not more than eight hours a week for a maximum of six months), probation (maximum two years), day center (must attend during the part of the day when not at school; maximum one year), and detention. For 12- to 13-year-olds, the minimum period of detention is six months, and the maximum is two years. For 14- to 17-year-olds, the minimum period is one year, and the maximum is ﬁve. Detention can be used only for serious violent crimes, drug trafficking, and vehicle theft or robbery; for repeat juvenile offenders when the maximum (adult) prison sentence for the instant offense is at least ﬁve years; and for offenders who have violated other measures (in which case detention can be no more than six months). Detention must be served in special juvenile facilities. If a juvenile offender in detention reaches the age of majority, he or she is to be transferred to an adult facility but must always be kept separate from adult offenders. Supervisory judges can “exceptionally” authorize offenders to stay in juvenile detention centers until they are 21.

Punishment Types of Punishment A long-standing feature of the criminal code, dating from at least 1926, is a fairly elaborate classiﬁcation

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of the types of punishment. Articles 9 and 10 of the current code set out the following “corporal” and “non-corporal” penalties: • Corporal penalties: Incarceration (penitentiary), incarceration (prison), arrest (police jail), penal colony, conﬁnement, and deportation. • Non-corporal penalties: Supervision by public authorities, civil interdiction, political interdiction, prohibition from engaging in certain trades or professions, termination from work, suspension from work, ﬁnes, cautions, loss of instruments or weapons with which the crime was committed, payment of legal costs. Clearly, corporal penalties relate to some kind of incarceration or deportation, whereas non-corporal penalties affect the rights, activities, or patrimony of the convicted offender. Many of the non-corporal penalties are designed to be attached to corporal penalties; for example, conﬁnement is supposed to be accompanied by suspension from work. In the criminal code, the punishment for the majority of crimes is imprisonment, and precise sentencing guidelines are set. For example, the punishment for robbery is speciﬁed as 6 to 12 years of imprisonment. Judges must impose the midpoint sentence (in this case, 9 years), unless there are mitigating circumstances (e.g., offender between 18 and 21 years of age) that would justify the minimum term or aggravating circumstances (e.g., premeditation, the use of disguise) that would justify the maximum term. Fines are also speciﬁed quite frequently as the sanction for less serious crimes, and to avoid the effects of inﬂation, they are expressed in “tributary units” (TUs). For example, unauthorized hunting on private land carries a ﬁne of 10 to 25 TUs. The current value of a TU is about 20 U.S. dollars. Recent criminal laws have also incorporated a variety of other sanctions, most of which are supplementary to imprisonment. For example, the Environmental Crimes Law cites community work as a possible primary sanction for individuals together with, among other sanctions, professional suspension, prohibition from contracting with

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government, and publication of the sentence in the national press (at the offender’s expense) as supplementary sanctions. Companies are subject to ﬁnes, closure, and other measures. Similarly, article 66 of the drug law provides for conﬁscation of property related to, or deriving from, drug crimes. Despite this conceptual creativity, imprisonment has always been, and continues to be, the primary criminal sanction in Venezuela. As seen previously, the criminal code distinguishes several types of imprisonment: in penitentiaries, prisons, penal colonies, and so on. Prisoners on preventive detention are supposed to be held in separate institutions called judicial internment centers, which are not even mentioned in the criminal code. Because the criminal courts are organized at state level, each state needs an internment center, and—in theory at least—the system of prison facilities for convicted offenders should be independently organized at national level. However, lack of funding (or the political will to invest in conﬁnement facilities) means that separate systems were never created. In some states (e.g., Sucre), the judicial internment center has been made to double as a prison; in others (e.g., Zulia), the “national prison” has been made to double as a judicial internment center. In addition, there are strong pressures from inmates and their families to ensure that time is served in the state where they live. Thus, despite its formal title, the prison in each state is likely to hold accused persons on preventive detention, convicted offenders from that state, and convicted offenders from other states (who have been sent there for a variety of reasons). With no internal segregation of prisoners by legal status, the experience of incarceration is the same for inmates on preventive detention as it is for convicted offenders (underlining the particular problem of “prisoners without trial”), and the character of penal institutions is very similar across the country. There is, therefore, no real difference between serving a sentence in a judicial internment center and serving a sentence in a penitentiary. Probation has existed in Venezuela since 1980 but has never been an option available at sentencing and is not mentioned in the criminal code. Instead, it is considered to be a post-conviction option that

can be requested by the offender once in prison. The conditions for granting probation have been made somewhat stricter in recent years, and currently, it is available only for ﬁrst-time offenders with a sentence no greater than ﬁve years who can show that they will have employment on being released from prison. Probation can be granted for between one and three years, and probationers must comply with a set of conditions, such as maintaining employment, reporting to a probation officer, and seeking authorization before traveling away from their area of residence. The most recent ﬁgures are from 2001, when the Ministry of the Interior and Justice reported that there were 3,502 offenders on probation (17 percent of all offenders serving sentences). Restrictions on granting probation imposed since then most likely mean that the number and proportion of offenders on probation have decreased in recent years. Other early-release mechanisms have also been available to prisoners since 1981. Thus, they can apply for work release after completing a quarter of their sentence. Under this arrangement, prisoners leave the facility to work during the day and return in the evenings. Transfer to an open prison facility, with a more relaxed regime, can be applied for after a third of the sentence is completed. Once again, offenders are expected to go out to work during the day and spend nights and weekends in the facility. Parole is available to prisoners who have completed two-thirds of their sentence. To apply for any of these “beneﬁts,” as they are known in the Venezuelan criminal justice system, prisoners cannot have had a conviction for the same crime within the last 10 years, nor can they have committed any crime while in prison. In addition, the 2005 reform of the criminal code expressly prohibited the possibility of probation or these “beneﬁts” for offenders convicted of rape, murder, robbery, and kidnapping. However, following massive hunger strikes by prisoners, in 2008 the government Ombudsman persuaded the Supreme Court to consider revoking this restriction. Finally, to help shorten prison sentences and encourage self-betterment among prisoners, in 1993, a new law permitting the Judicial Redemption of

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Sentences for Work and Study was enacted. This allows inmates to earn one day of remission from their sentences for every two days spent in work or study within the prison. Remissions are not automatically deducted from prisoners’ sentences but must be applied for from the court that is overseeing the prisoner’s sentence. Such applications are often accompanied by a request for one of the three “beneﬁts” mentioned previously.

Typical Punishments The maximum prison sentence that can be given is 30 years, for certain cases of homicide; however, the average sentence for homicide is much lower. In general, the average sentences given for all the crimes in the table are located toward the lower end of the range prescribed by law. In the case of drug offenses, this means that the average sentences for “large scale” drug trafficking (over one kilo of marijuana, 100 grams of cocaine, or 20 grams of heroin) are not markedly greater than those given for smallscale drug trafficking.

The Death Penalty The death penalty was abolished in Venezuela in 1863 and has never been reinstated. Some commentators equate the contemporary killings at the hands of the police with the death penalty (and death squads have been found to operate in several states since the late 1990s). Likewise, lynching has increased in frequency over the last 10 years, and it was estimated that there were 75 incidents between October 2007 and September 2008, with 15 fatalities. However, neither police killings nor death at the hands of the community can be considered equivalent to the carefully restricted categories and carefully prescribed procedures that inhere in most death penalties.

The Prisons As of September 2008, there were 24,069 inmates held in prison facilities, including 14,825 individuals on preventive detention (59 percent). A total of 9,244 inmates were serving a sentence, of whom

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6.8 percent were women. They were housed in 30 prison facilities distributed throughout the country. There is a prison facility in all but three states (which must rely on facilities in neighboring jurisdictions), and a few states have more than one facility, particularly those with large populations. There is a dedicated women’s facility in Caracas, but elsewhere, female inmates as housed in annexes to the male prison. The largest prisons are the Western Penitentiary Center in Táchira State (2,201 inmates), the Judicial Internment Center close to the city of Valencia (2,167 inmates), and the National Prison in Maracaibo (1,580).

Prison Life The key to understanding the experience of incarceration in Venezuela is the weak presence of authorities within the facilities. Perimeter security is provided by the National Guard, whose task it is to prevent escapes, check for the entry of contraband into the prison, and quell internal disorder. The interior of the prison is staffed by personnel from the Ministry of the Interior and Justice. The director and other administrative and professional staff usually occupy offices close to the main entry. Beyond that, most prisons have several communal dormitory blocks and exercise areas that are nominally patrolled by civilian guards. However, the ratio of inmates to guards is very high: one researcher found that in the Mérida State facility, there were 17 inmates to every guard, but that at any one time, there could be as many as 65 inmates per guard. With such small numbers of guards, most of whom are unarmed, much of the internal control of the prisons has long been in the hands of the inmates. Although the assignment of inmates to dormitory blocks is undertaken by the staff, it is not done on any legal or programmatic basis. Middleclass and professional prisoners will, if they are lucky (or can pay), be assigned to the best dormitory (for the prisons are rather like small cities with stratiﬁcation between the richer and the poorer). Other prisoners will be assigned to a dormitory based on their geographic origin (prisoners from within and outside the state tend to be kept apart).

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Venezuelan justice minister Hilarion Cardoza, right, gives money to a prisoner at the Las Planta Prison in Caracas, Venezuela, June 16, 1997. Justice officials spent the day conducting a census of the country’s 33 prisons, labeled among the most violent and chaotic in Latin America. (AP Photo/Jose Caruci)

However, once assigned to a dormitory, it is up to the newly arriving prisoner to ﬁnd a place to sleep, purchase a mattress (if he has money), and so on. For this, he must contact the inmate, or group of inmates, that runs the dormitory. In some prisons, there is a building tender system in place, in which selected prisoners function to keep order within the dormitory and preserve relatively harmonious relations with the prisoners in other dormitories. In doing this, the tenders have the full support of the prison administration and are able to reap beneﬁts in terms of special privileges. In other prisons, the building tender system has broken down, to be replaced by gang-like groups that establish themselves in each dormitory and sustain relatively hostile relationships with other dormitories. Whichever system of internal control is in place, the prison guards are largely conﬁned to the role of

turnkey, opening and closing doors and gates at set times of the day. Although relationships with the guards can be important for the prisoners, of far greater importance are the relationships with other prisoners. Where building tenders operate, the inmate must make sure that he does not fall out of favor because he might be subject to corporal punishment or expelled from the dormitory. Where gangs exist, the inmate must make sure that he does not stray into “enemy” territory and, with his companions, must be constantly on the alert for potential attacks. Thus, violence is a key facet of prison life in Venezuela. In 2008, more than 400 prisoners lost their lives in prison violence (which gives a staggering rate of 1,896 deaths per 100,000 inmates), and almost twice that number were seriously injured. A study completed for the Ministry of the Interior and Justice in 2005 revealed that 71 percent of deaths and 49 percent of serious injuries were caused by ﬁrearms, which reveals the level of weapons trafficking in prisons. Another facet of the weak administrative presence within prisons is the poor infrastructure and deﬁcient provision of services. Many prisons have dilapidated buildings with scant sanitary facilities, and the provision of food is patchy and inconsistent. The 2005 study for the Ministry of the Interior and Justice found that in some prisons the contracted suppliers had ceased to deliver food, forcing the authorities to seek stopgap alternatives with local and regional organizations. Although precise data collection was difficult, it was estimated that the volume of food prepared in most prisons covered only about 60 percent of the prisoners, leaving the rest to fend for themselves. In general, it appeared that most prisoners could count on only one meal per day and that they were only getting 75 percent of daily nutritional requirements. Added to the shortage of food are the failure to provide bedding or clothing and the inadequate medical and dental facilities at most facilities. In light of the foregoing conditions, families and friends are a vital support for prisoners, and fortunately, visiting policies are liberal. All facilities are open for visits twice a week (midweek and weekend). At that time, prisoners are permitted to see

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as many friends and family as are willing to visit them, who can bring in much-needed food, clothing, medicines, and materials for work. Visitors are allowed into the dormitory areas for a period of four to ﬁve hours. At these times, gang rivalries are put on hold, and the prison takes on something of the air of a market or carnival as children play, couples hold hands, and prisoners try to sell their wares to visitors. Conjugal visits are also allowed but are arranged throughout the week in a separate annex. The government has acknowledged the woeful condition of the country’s penal establishments by developing a plan for “humanizing prisons.” Under this plan, in July 2008, a new model—“Penitentiary City”—was inaugurated in the city of Coro, and there are plans for building three additional facilities in the states of Carabobo, Lara, and Miranda, together with 25 community treatment centers around the country.

Work and Study in Prison The Penitentiary Regime Law, last reformed in 2000, declares that prisoners have both the duty and the right to work. As in many prison systems, however, there are serious obstacles to providing full, meaningful, and reasonably paid work for all (or even most) prisoners. First, the character of the Venezuelan economy (heavily dependent on revenues from the oil industry) and the recent political shift to the left have stunted the growth of stable large-scale enterprises of the kind that could develop prison labor initiatives. Second, the longstanding neglect of prison infrastructure has led to a considerable deterioration in the condition of workshops: in 2005, less than half of them were ﬁt for purpose, and nearly a quarter were being used by inmates as sleeping areas. Third, the prison estate itself is able to absorb only a portion of inmates in institutional labor (cooking, maintenance, etc.) and pays extremely low wages (equivalent to less than US$200 per year). Fourth, in prisons where inmates are essentially divided into warring gangs, movement within the facility is extremely limited, and the threat of lethal violence generally conﬁnes individuals to their dormitory area.

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In 2005, only 41 percent of all prisoners were working. Only 3 percent of these were under the government’s Institute for Prison Work, and about 34 percent were employed by prison administrations. The rest (63 percent) were self-employed, many as artisans making products to be sold inside or outside the prison, some as food and drink vendors within the establishment. The government has recently taken some measures to bring down the ﬁgure of nearly 60 percent of prisoners who are not working, including ﬁve agricultural projects developed in conjunction with the Food and Agricultural Organization of the United Nations and the provision of occupational training to about 5 percent of prisoners. However, it remains to be seen how much real progress can be made. In 2005, just over a ﬁfth of prisoners were enrolled in education programs, most of them in the government’s national education “missions,” which have been extended to the prisons. Of these, 11 percent were in literacy programs, 16 percent in primary education, 36 percent in secondary education, and 8 percent in university education. The remaining 29 percent were in “traditional” educational programs. Problems stemming from administrative disorganization and high levels of violence within many facilities limit the number of inmates that take up these activities. Sport, however, is particularly popular: in 2005, 40 percent of prisoners participated in a sports team, mainly in some form of soccer. Cultural activities are also important: in 2005, there were 143 different groups in existence (membership equivalent to 15 percent of the prison population), with music and theater being the most popular activities. The recently created Penitentiary Symphony Orchestra, with members from four different prisons, has attracted considerable public attention.

International Exchanges and Transfers of Prisoners Prisoner transfer treaties exist with Colombia, Spain, Holland, and Denmark. Although there is no bilateral treaty with the United States, U.S. ratiﬁcation (in 2001) of the Inter-American Convention on Serving Criminal Sentences Abroad (1993)

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would allow the transfer of prisoners between the two countries. Venezuela has also made a request to the European Union to subscribe to the Strasbourg Convention on the Transfer of Sentenced Persons (1983). If the request is approved, Venezuela could exchange/transfer prisoners with members of the European Union. No ﬁgures exist on the number of prisoners transferred to or from Venezuela in each year, but the number is likely to be very small. Meanwhile, bilateral negotiations on prisoner transfer are being held with various countries, including the United Kingdom and France. Talks with the latter have been complicated by the fact that a prisoner transfer treaty could allow the repatriation of Carlos Ilich Ramírez (alias The Jackal), a Venezuelan terrorist serving a life sentence in France. Neelie Pérez Santiago and Christopher Birkbeck

Further Reading Birkbeck, Christopher. (2002). “Venezuela.” World Factbook of Criminal Justice Systems. Washington: Bureau of Justice Statistics: http://www.ojp. usdoj.gov/bjs/pub/ascii/wfcjsvz.txt. Birkbeck, Christopher, and Pérez Santiago, Neelie. (2006). “The Character of Penal Control in Latin America: Sentence Remissions in a Venezuelan Prison.” Criminology and Criminal Justice 6(3): 289–308. Briceño-León, Roberto. (2006). “Violence in Venezuela: Oil Rent and Political Crisis.” Ciencia & Saúde Coletiva 11(2): 315–325: http://www. scielo.br/pdf/%0D/csc/v11n2/30420.pdf. Kane, Frank, and John Tilsley. (2006). In the Shadow of Papillon. Seven Years of Hell in Venezuela’s Prison System. Edinburgh: Mainstream Publishing.

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General Bibliography

Books, Periodicals, and Articles Aas, K. (2007). Globalization and Crime. Los Angeles, CA: Sage. Adeyemi, A. (1990). “Crime and Development in Africa: Case Study of Nigeria.” In Essays on Crime and Development, edited by U. Zvekic, pp. 135–193. Rome: United Nations Interregional Crime and Justice Institute. ADT. (2006). Anti-Social Behaviour across Europe: http://www.jdi.ucl.ac.uk/ downloads/publications/journal_articles/cc4416AD_ANTI_SOCIAL_ Report_UK_fv.pdf Aebi, M. F. (2010). “Methodological Issues in the Comparison of Police Recorded Crime Rates.” In International Handbook of Criminology, edited by S. Shoham, P. Knepper, and M. Kett, pp. 209–226. London: Routledge. Aebi, M. F., K. Aromaa, B. Aubusson de Cavarlay, G. Barclay, B. Gruszczynska, H. von Hofer, V. Hysi, J.-M. Jehle, M. Killias, P. Smit, and C. Tavares. (2006). European Sourcebook of Crime and Criminal Justice Statistics—2006. 3rd ed. Den Haag: Boom Juridische Uitgevers. Aebi, M. F., and N. Delgrande. (2009). Council of Europe Annual Penal Statistics SPACE I: Survey 2007. Strasbourg: Council of Europe. Aebi, M. F., and A. Linde. (2009). Review of the Current Situation in Respect of the Collection of Survey Data on Victimization. Lausanne: Université de Lausanne. Alvazzi del Frate, A. (2004). “The International Crime Business Survey: Findings from Nine Central-Eastern European Cities.” European Journal on Criminal Policy and Research 10(2–3): 137–161. Archer, D., and R. Gartner. (1984). Violence and Crime in Cross-National Perspective. New Haven, CT: Yale University Press. Aromaa, K., and M. Heiskanen, eds. (2008). Crime and Criminal Justice Systems in Europe and North America 1995–2004. Publication 55. Helsinki, Finland: European Institute for Crime Prevention and Control, Affiliated with the United Nations (HEUNI). Barak, G., ed. (2000). Crime and Crime Control: A Global View. Westport, CT: Greenwood Press. Bayley, D. H. (2006). Changing the Guard: Developing Democratic Police Abroad. New York: Oxford University Press. © 2011 ABC-Clio. All Rights Reserved.

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Beirne, P., and D. Nelken. (1997). Issues in Comparative Criminology. Sudbury, MA: Dartmouth. Bennett, R. R. (1997a). “Excessive Force: A Comparative Study of Police in the Caribbean.” Justice Quarterly 14: 651–686. Bennett, R. R. (1997b). “The Determinants of Job Satisfaction among Police Constables: A Comparative Study in Three Developing Nations.” Justice Quarterly 14: 295–323. Bennett, R. R. (2004). “Comparative Criminology and Criminal Justice Research: The State of Our Knowledge.” Justice Quarterly 21: 1–21. Botchkovar, E. V., C. R. Tittle, and O. Antonaccio. (2009). “General Strain Theory: Additional Evidence Using Cross-Cultural Data.” Criminology 47(1): 131–165. Caldwell. J., ed. (1994). Networking and AIDS in Sub-Saharan Africa: Behavioral Research and the Social Context, pp. 101–116. Canberra: Australian National Universities. Care, Jennifer, Tess Newton, and Don Paterson. (1999). Introduction to South Paciﬁc Law. London: Cavendish. Chevigny, P. (1995). Edge of the Knife: Police Violence in the Americas. New York: Free Press. Dalgleish, D. (2005). “Pre-Colonial Criminal Justice in West Africa: Eurocentric Thought versus Africentric Evidence.” African Journal of Criminology and Justice Studies 1(1): 155–169. Delgrande, N., and M. F. Aebi. (2009). “European Prisons: Stability or Change?” Criminology in Europe: Newsletter of the European Society of Criminology 8(3): 1, 17–19. European Journal of Criminology. Various issues providing country proﬁles. European Journal on Criminal Policy and Research, in particular those on crime trends in Western and Eastern European Countries (Vol. 10[2–3], 2004) and prosecution and diversion within criminal justice systems in Europe (Vol. 14[2–3], 2008). Fairchild, Erika, and Harry Dammer. (2001). Comparative Criminal Justice Systems. 2nd ed. Belmont, CA: Wadsworth. Fiala, R., and G. LaFree. (1988). “Cross-National Determinants of Child Homicide.” American Sociological Review 53: 432–445. Findlay, Mark. (2000). Criminal Laws of the South Paciﬁc. Suva: University of the South Paciﬁc. Friedrichs, D. (2007). “Transnational Crime and Global Criminology: Deﬁnitional, Typological, and Contextual Conundrums.” Social Justice 34(2): 4–18. Howard, G. J., G. Newman, and W. A. Pridemore. (2000). “Theory, Method, and Data in Comparative Criminology” (excerpted from Measurement and Analysis of Crime and Justice. Criminal Justice 2000) 4: 139–211. International Journal of Comparative and Applied Criminal Justice. Published and copyrighted by the School of Criminal Justice, Michigan State University. ISSN 0192–4036. © 2011 ABC-Clio. All Rights Reserved.

General Bibliography

Johnson, H., N. Ollus, and S. Nevala. (2007). Violence against Women: An International Perspective. New York: Springer. Joireman, Sandra F. (2004). “Colonization and the Rule of Law: Comparing the Effectiveness of Common Law and Civil Law Countries.” Constitutional Political Economy 15: 315–338. Junger-Tas, J., I. Haen Marshall, and D. Ribeaud. (2003). Delinquency in an International Perspective: The International Self-Report Delinquency Study. The Hague, The Netherlands: Kugler Publications. Karstedt, S. (2001). “Comparing Cultures, Comparing Crime: Challenges, Prospects and Problems for a Global Criminology.” Crime, Law, and Social Change 36(3): 285–308. Karstedt, S., and G. LaFree. (2006). “Democracy, Crime, and Justice.” Annals of the American Academy of Political and Social Science 605: 6–23. Kury, H., ed. (2001). International Comparison of Crime and Victimization: The ICVS. Ontario, Canada: de Sitter Publications. Kyle, D., and R. Koslowski. (2001). Global Human Smuggling: Comparative Perspectives. Baltimore, MD: Johns Hopkins University Press. Larsen, N., and R. Smandych, eds. Global Criminology and Criminal Justice: Current Issues and Perspectives. Peterborough, Ontario: Broadview Press. Lee, M. R., and T. Earnest. (2003). “Perceived Community Cohesion and Perceived Risk of Victimization: A Cross-National Study.” Justice Quarterly 20: 131–157. Lo, Stefan H. C., Ian Dobinson, and Wing Hong Chui. “Sentencing for Drug Offences in Hong Kong: An Overview.” Hong Kong Law Journal 34 (2005): 13–46. Mawby, R., ed. (1996). Policing across the World, pp. 3–12. London: Routledge. Messner, S. F., and Richard R. Rosenfeld. (2007). Crime and the American Dream. 4th ed. Belmont, CA: Thomson Wadsworth. Nalla, M. K. (2009) “Democratic Policing: A Comparison of Police Officers’ Perceptions of Their Role and Functions in Transitional Societies.” Journal of Criminal Justice and Security 11(4): 520–535. Nalla, M. K., and J. Johnson. (2009). “Are Police and Security Personnel Warming up to Each Other? A Comparison of Officer’s Attitudes in Developed, Emerging, and Transitional Economies.” Policing: An International Journal of Police Strategies and Management 32(3): 508–525. National Institute of Justice, Office of Justice Programs, U.S. Department of Justice: http://www.ncjrs.gov/criminal_justice2000/vol4_2000.html. Neapolitan, J. L. (1997). Cross-National Crime: A Research Review and Sourcebook. Westport, CT: Greenwood Press. Newburn, T., and R. Sparks. (2004). Criminal Justice and Political Cultures: National and International Dimensions of Crime Control. Devon, UK: Willan. Newman, Graeme R. (1999). Global Report on Crime and Justice. New York: United Nations Office of Drug Control and Crime Prevention. © 2011 ABC-Clio. All Rights Reserved.

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Newman, Graeme R. (2008). Comparative Deviance: Perception and Law in Six Cultures. Reprinted with new introduction. Piscataway, NJ: Transaction Press. Owomero, B. (1987). “Crime Rates and Development in Africa: Empirical Analysis of Data from Nigeria, Kenya, and Tanzania.” Indian Journal of Criminology 15: 107–120. Pridemore, W. A. (2008). “A Methodological Addition to the Cross-National Empirical Literature on Social Structure and Homicide: A First Test of the Poverty-Homicide Thesis.” Criminology 46: 133–154. Rafter, N. H., and F. Heidensohn. (1995). International Feminist Perspective in Criminology. Buckingham, UK: Open University Press. Reichel, P. L. (2004). Comparative Criminal Justice Systems: A Topical Approach. Upper Saddle River, NJ: Prentice Hall. Reichel, Philip L. (2008). Comparative Criminal Justice Systems. Upper Saddle River, NJ: Prentice Hall. Robert, P., ed. (2009a). Comparing Crime Data in Europe: Official Crime Statistics and Survey Based Data. Brussels: VUBPRESS Brussels University Press. Robert, P., ed. (2009b). Evaluating Safety and Crime Prevention Policies in Europe. Brussels: VUBPRESS Brussels University Press. Savage, J., R. R. Bennett, and M. Danner. (2008). “Economic Assistance and Crime: A Cross-National Investigation.” European Journal of Criminology 5: 217–238. Schwabach, Aaron. (2003. Rev. 2006). Non-Western Philosophies of Law. In Encyclopedia of Life Support Systems (EOLSS), edited by Aaron Schwabach and Arthur John Cockﬁeld, topic 6.31.1. Developed under the Auspices of UNESCO. Oxford: Eolss: http://www.eolss.net. Sheptycki, J., and A. Wardak, eds. (2005). Transnational and Comparative Criminology. London: Glasshouse. Stamatel, Janet P. (2006). “Incorporating Socio-Historical Context and Temporal Variation into Quantitative Cross-National Criminology.” International Journal of Comparative and Applied Criminal Justice 30(2): 177–208. Stamatel, Janet P. (2009a). “Correlates of National-Level Homicide Variation in Post-Communist East-Central Europe.” Social Forces 87(3), 1423–1448. Stamatel, Janet P. (2009b). “Contributions of Cross-National Research at the Beginning of the 21st Century.” In Handbook on Criminology and Deviance, edited by Marvin Krohn, Alan Lizotte, and Gina Penly-Hall, 3–18. New York: Springer Science ⫹ Business Media. Stamatel, Janet P. (guest editor). (2009, December). “New Methodological Directions for International and Comparative Criminology.” International Journal of Comparative and Applied Criminal Justice 33 (2): 167. Sung, Hung-En. (2004a). “Democracy and Organized Crime: Evidence from Fifty-Nine Countries.” Security Journal 17(4): 21–34. Sung, Hung-En. (2004b). “State Failure, Economic Failure, and Predatory Organized Crime.” Journal of Research in Crime and Delinquency 41(2): 111–129. © 2011 ABC-Clio. All Rights Reserved.

General Bibliography

Sung, Hung-En. (2006a). “Democracy and Criminal Justice in Comparative Perspective: From Crime Control to Due Process.” The Annals of the American Academy of Political and Social Science 605(1): 311–337. Sung, Hung-En. (2006b). “Structural Determinants of Police Effectiveness in Market Democracies.” Police Quarterly 9(1): 3–19. Sung, Hung-En, and Jack Reed. (2006). “Migration and Crime in Europe.” In Crime and Immigration, edited by Joshua Freilich Graeme R. Newman, 95– 120. Hampshire, UK: Ashgate. Terrill, Richard J. (2009). World Criminal Justice System: A Survey. 7th ed. Southington, CT: Anderson. Uildriks, N. (2009). Policing Insecurity: Police Reform, Security and Human Rights in Latin America. Lanham, MD: Lexington Books. United Nations Office on Drugs and Crime. (2005). Crime and Development in Africa. Vienna, Austria: United Nations: http://www.unodc.org/pdf/African_ report.pdf. United Nations Office on Drugs and Crime. (2008). Crime and Its Impact on the Balkans and Affected Countries. Vienna, Austria: United Nations: http://www. unodc.org/documents/data-and-analysis/Balkan_study.pdf. United Nations Office on Drugs and Crime and the Latin America and the Caribbean Region of the World Bank. (2007). Crime, Violence, and Development: Trends, Costs, and Policy Options in the Caribbean. Vienna, Austria: United Nations: http://www.unodc.org/pdf/research/Cr_and_Vio_Car_E.pdf. Van Dijk, Jan. (2008). The World of Crime: Breaking the Silence of Security, Justice, and Development across the World. Thousand Oaks, CA: Sage. Van Dijk, J., J. Kesteren, and P. Smit. (2007). Criminal Victimisation in International Perspective: Key Findings from the 2004–2005 ICVS and EU ICS. WODC: http://www.nicis.nl/kenniscentrum/binaries/nicis/bulk/onderzoek/2008/2/3/ icvs2004_05report.pdf. Weitekamp, E. G. M., and H. Kerner. (1994). Cross-National Longitudinal Research on Human Development and Criminal Behavior. Dordrecht, Netherlands: Kluwer Academic. Zauberman, R., ed. (2009a). Self-Reported Crime and Deviance Studies in Europe. Brussels: VUBPRESS Brussels University Press. Zauberman, R., ed. (2009b). Victimization and Insecurity in Europe. Brussels: VUBPRESS Brussels University Press. Zimring, Franklin E., and David T. Johnson. (2008). “Law, Society, and Capital Punishment in Asia.” Punishment and Society 10(2): 103–115.

Web Sites BBC News Country Proﬁles: http://news.bbc.co.uk/2/hi/country_proﬁles/default. stm. This site is very good for background information on history, geography, and politics. It’s also good for links to internal national sites and news media sites. © 2011 ABC-Clio. All Rights Reserved.

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Cecil Greek’s Criminal Justice Resources on International Criminal Justice: http:// www.criminology.fsu.edu/p/cjl-world.php. There is a good variety of sources here, from common to the unusual, such as, for example, South Africa’s Crime Mysteries. CIA World Factbook: https://www.cia.gov/library/publications/the-world-fact book/index.html. The information in this book tends to be regurgitated in many Web sites, but it contains useful background information and is updated annually. Sometimes there are crime data, but usually descriptive, without statistics. Council of Europe Annual Penal Statistics: www.coe.int/prison. Detailed data on prisons in Europe since 1983 can be found here. The Council of Europe, European Commission for the Efficiency of Justice. (2008): Evaluation of European Judicial Systems: http://www.coe.int/t/dghl/ cooperation/cepej/evaluation/default_en.asp. Country Report of the Justice Studies Center of the Americas: http://www. cejamericas.org. This research and advocacy group publishes online countryspeciﬁc analysis of legal systems and their operations in Latin America. The Economist: http://www.economist.com/countries/index.cfm. This Web site offers much economic, historical, and political information on many countries and often useful information in its city guides. European Society of Criminology: http://www.esc-eurocrim.org. This site provides a lot of relevant information on crime and punishment in Europe, including the programs of the annual conferences. European Sourcebook of Crime and Criminal Justice Statistics: www.european sourcebook.org. This site provides databases on police, prosecution, conviction, and correctional statistics since 1990 as well as some data on victimization. International Centre for Prison Studies: http://www.kcl.ac.uk/depsta/rel/icps/ home.html. This is a good source for international prison statistics. International Court of Justice: http://www.icj-cij.org/. Library of Congress Area Studies: http://www.loc.gov/rr/. Nationmaster: http://www.nationmaster.com/index.php. This interesting interactive site allows comparative statistics of countries on a wide range of topics, including criminal justice. However, the crime statistics tend to be outdated. The New York Times Countries and Territories: http://topics.nytimes.com/topics/ news/international/countriesandterritories/index.html. These pages contain both general background information and links to recent media stories. United Nations Interregional Crime and Justice Research Institute (UNICRI): http://www.unicri.it/wwd/analysis/icvs/data.php. A wide variety of information, particularly data for many countries participating in the International Crime Victim Survey (ICVS), is available. United Nations Office on Drugs and Crime: http://www.unodc.org/. This site contains a wealth of information on crime, with extensive databases of crime statistics from the UN Surveys of Crime and Criminal Justice Systems. © 2011 ABC-Clio. All Rights Reserved.

General Bibliography

U.S. Library of Congress Country Studies: http://lcweb2.loc.gov/frd/cs/. These are much more detailed than the usual country proﬁles, such as the CIA Factbook. U.S. National Institute of Justice International Center: http://www.ojp.usdoj.gov/ nij/international/. This site offers a variety of reports, articles, and descriptions of transnational and international crime and justice. Wikipedia: http://wikipedia.org/. There is much information on countries, including interesting descriptions of crime and criminal justice issues. One has to be careful of the sources, but often there are links that lead to useful and reasonable resources. This is particularly good for tracking down internal national news media Web sites (i.e., local newspapers and TV stations) that almost always have news on local crimes. World Criminal Justice Library Network: http://andromeda.rutgers.edu/~wcjlen/ WCJ/mainpages/statres.htm. This site contains excellent statistical data from 80 countries. Internal national publications are usually the source. World Factbook of Criminal Justice Systems. U.S. NIJ. Bureau of Justice Statistics: http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=1435.

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General Editor Graeme R. Newman is a distinguished teaching professor at the School of Criminal Justice, University at Albany, and the associate director of the Center for Problem-Oriented Policing. He has advised the United Nations on crime and justice issues over many years and in 1990 established the United Nations Crime and Justice Information Network.

Volume 2 Editors Janet P. Stamatel is an assistant professor in the School of Criminal Justice and the Department of Informatics at the State University of New York at Albany. She received her PhD in sociology from the University of Chicago. Her research interests include cross-national crime comparisons, the consequences of macrolevel social changes, and information use in criminal justice. Hung-En Sung, PhD, is an associate professor of criminal justice at John Jay College of Criminal Justice. His scholarly work revolves round drug control policy and comparative analysis of crime and justice.

Volume 2 Contributors Cynthia Barnett-Ryan is a survey statistician with the Federal Bureau of Investigation (FBI). In her work with the FBI, she is responsible for conducting research for the criminal justice and intelligence communities. Views in this entry are those of the author and do not necessarily reﬂect the views of the FBI or the U.S. Department of Justice. Christopher Birkbeck, PhD, is a reader in criminology at the School of English, Sociology, Politics and Contemporary History, University of Salford (Manchester, United Kingdom). Dr. Birkbeck has published articles in Spanish and English on a variety of criminological topics, which currently include the use of force by the police, penal trajectories, and Venezuelan criminology. Marie-Eve Boudreau is a PhD student at the School of Criminology, Université de Montréal. Her main area of research is the judicial treatment of spousal violence cases. 375 © 2011 ABC-Clio. All Rights Reserved.

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Christopher M. Bzduch graduated from the State University of New York at Albany with a BA in criminal justice in May 2009. He works as a criminal investigator for the New York State Office of Tax Enforcement: Petroleum, Alcohol, and Tobacco Bureau. Rodolfo Calderón, PhD, is an associate professor of sociology at the University of Costa Rica. He is currently working on a book titled Transgressors and Globalization: A Sociological Study of Crime in Costa Rica. Milton Castelen is an attorney practicing both criminal and civil law and a member of the National Bar Association. He has taught at the COVAB—the nursing school of Suriname—and at the training institute for health care workers for the Surinamese hinterland. Jennifer L. Christian, PhD is an assistant professor at California Lutheran University in the departments of criminal justice and legal studies and sociology. Currently, she is working on several manuscripts from her dissertation on the intersection of public opinion, media, and elite discourse on health and crime policy. Andrew Davies is a doctoral student at the School of Criminal Justice at the State University of New York at Albany. He has received master’s degrees from SUNY Albany and Oxford University in related ﬁelds. His interests are in state criminal justice policy making and the psychology of victimization. Anne-Laure Del Cerro, a native of Paris, France, works as a crime intelligence analyst at the John F. Finn Institute for Public Safety in Albany, New York. She is interested in the evaluation of international criminal justice systems as well as law enforcement agencies. She obtained her BA in 2007 from the State University of New York at Albany with Valedictorian Award. Jo-Ann Della Giustina, JD, PhD, is an assistant professor of criminal justice and the director of the Prison and Jail Initiative at Bridgewater State College. She is an expert in intimate-partner femicide, and her areas of research interest include women and crime, domestic violence, community issues and crime, search and seizure law, and media and the law. Ramesh Deosaran is a professor emeritus of criminology and social psychology and is currently program professor at the University of Trinidad and Tobago. He has published more than 400 scholarly papers and journal articles and is author or editor of 14 books and research monographs. The research assistance of Ian Ramdhanie (BSc, MSc) is gratefully acknowledged by the author. Clarissa F. Dias is a doctoral student in the department of political science at Georgia State University. She is a native of Brazil, where she received her law degree. Dias also holds a master’s degree in criminal justice from Georgia State University. Traqina Emeka, PhD, is an assistant professor of criminal justice at the University of Houston Downtown. Professor Emeka has researched and published in the areas of juvenile delinquency, health issues of female inmates, and adult certiﬁcation of juveniles. © 2011 ABC-Clio. All Rights Reserved.

About the Editors and Contributors

Robert B. Fletcher III received his bachelor’s degree in criminal justice at the State University of New York at Albany in 2009. He is currently working on his master’s degree from the same institution. Yolande C. Forde is a criminologist and the director of Global Consulting Services ([email protected]). She specializes in policy-directed research and policy initiatives related to border security, transnational organized crime, crime reduction strategies, correctional reform, and legal and judicial reform in the Caribbean region. She provides technical assistance to international development agencies (IDB, World Bank, etc.) and to regional governments in a number of areas within her professional expertise. Jessica Gentile received her master’s in criminal justice at the State University of New York at Albany. She currently works at a law ﬁrm that specializes in criminal defense, and she plans on pursuing a PhD in criminal justice. Eduardo González is a judge in the Republic of Costa Rica. He has also worked for several years at the Judicial School of the Poder Judicial in Costa Rica. His research interests focus on public policies regarding crime prosecution as well as the functioning of justice administration. Laurie Gould is an assistant professor at the University of Texas at Arlington in the criminology and criminal justice department. She has published on a variety of topics, including the use of strategic planning by state correctional agencies and the availability of jail visitation information. Anna Gustafson holds a Bachelor of Law degree from Abo Akademi University in Finland. She is working towards a master’s degree in law and is currently working at the district court of Parainen. Lystra Hagley-Dickinson (BSc, Hons; MSc; PhD) is a senior lecturer in criminology, the research and enterprise lead for the Department of Social Sciences, and an associate of the research institute of Children Childhood and Youth (CCY) at the University of Northampton. Born in Trinidad and Tobago, she has worked and published in the Caribbean and has pursued careers in government, the European Union, and the community and voluntary sectors. Frank Hemming received his bachelor’s and master’s degrees in criminal justice from the State University of New York at Albany. His contribution is dedicated to his father for his unending support, advice, and love. L. Daisy Henderson, a native of Dominica, is a doctoral candidate in the Department of Sociology, State University of New York at Buffalo. Her research focuses on race and ethnicity, family, and immigration. Amilcar Herbert is a graduate student at John Jay College of Criminal Justice. Prior to migrating to America in 2001, Mr. Herbert had served for nine years in the Trinidad and Tobago Police Service as a criminal investigator, close protection specialist, and training school instructor. © 2011 ABC-Clio. All Rights Reserved.

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Hung-En Sung, PhD, is an associate professor at John Jay College of Criminal Justice. He has published extensively about substance abuse among offenders and comparative criminal justice. Gayle Iles is an assistant professor of criminal justice at the University of Tennessee–Chattanooga. Her research interests include sentencing disparities and international comparative criminal justice systems. Janice Joseph, PhD, is a professor in the criminal justice program at Richard Stockton College of New Jersey. She is also the editor of the Journal of Ethnicity in Criminal Justice and serves on the editorial boards of several criminal justice journals. She has published books and numerous articles on delinquency, gangs, domestic violence, stalking, sexual harassment, and minorities and crime. Anthony LaRose, PhD, is an associate professor of criminology and criminal justice at the University of Tampa. Dr. LaRose was a 2004 Fulbright Scholar, and his research background includes police value systems, ethics in the criminal justice system, and comparative studies of American and Mexican legal systems. Glendene Lemard, PhD, is a research assistant professor at the University of Massachusetts, Amherst. Her areas of specialization are global health, international development, and violence prevention in developing countries. Giza Lopes is a PhD student at the School of Criminal Justice, State University of New York at Albany, and assistant editor at the Sourcebook of Criminal Justice Statistics. Erin Maloney is a senior honors student at the University of Tampa. She has won numerous academic scholarships, and her research focus is on domestic and dating violence in Latin America. Jon’a Meyer is an associate professor of criminology and director of the criminal justice program at Rutgers University, Camden, New Jersey. She received her PhD in social ecology at University of California–Irvine. She has published on many topics, including Native American legal systems, restorative justice, sentencing, and criminal courts. Raymond Michalowski is Arizona Regents’ Professor of criminal justice at Northern Arizona University. He has published many books and articles on criminological theory; international human rights; immigration and border policy; social justice; and corporate, environmental, and political crime. Alfredo Montalvo-Barbot is an associate professor of sociology and criminology at Emporia State University, Emporia, Kansas. He has conducted research on crime in Puerto Rico and on the constitutional development of Puerto Rico. Orlando Munoz-Neira is a Colombian attorney licensed to practice law in the State of New York. He holds an LLM degree from the University of Virginia. Currently, he is the manager of a justice program of an international cooperation

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About the Editors and Contributors

agency in Colombia. His opinions in this article are his own and do not represent the opinions of his current or prior employers. Angela Marcela Navarro received her master’s degree in criminal justice from John Jay College of Criminal Justice. She has participated in studies on the involvement of undocumented immigrants with in American criminal justice system and published on the reentry process of immigrants who have been deported to their native countries after serving time in U.S. prisons. Navarro is currently pursuing her law degree from the Law School of the City University of New York. Barbara J. Nowak is an associate professor of social work at Albany State University in Albany, Georgia. Her research focus is on crime, delinquency, and international social problems. Marc Ouimet received his PhD in criminal justice from Rutgers University in 1990. He is now full professor at the School of Criminology, Université de Montréal. He teaches courses in crime analysis, delinquency theories, and statistics. His main area of research is the analysis of crime rates across time and space. Matthew Pate is a doctoral candidate in the School of Criminal Justice at the State University of New York at Albany. He has published on topics as varied as the Alger Hiss affair, court review of search and seizure practices, and Neighborhood Watch program evaluation. Neelie Pérez Santiago is a research professor at the Instituto de Ciencias Penales of the Universidad Central de Venezuela. Professor Pérez Santiago has researched on sentence remissions and is an expert in the Venezuelan criminal justice system. Wayne J. Pitts, PhD, is an assistant professor of criminal justice at the University of Memphis. Professor Pitts holds a doctoral degree from the University of Mexico, and his research interests revolves around immigration, occupational stress for law enforcement, sex offender supervision, substance abuse and crime, and research methods. Nataly Ponce Chauca is a Peruvian attorney with a master’s degree in Latin American studies. She works as a researcher at the Justice Studies Center of the Americas, in Santiago, Chile, and specializes in crime prevention, public safety, and human rights issues. Lee E. Ross, PhD, is an associate professor in the Department of Criminal Justice and Legal Studies at the University of Central Florida. He has published in a variety of academic journals, including Justice Quarterly, Journal of Criminal Justice, Journal of Crime and Justice, Journal of Criminal Justice Education, and Sociological Spectrum, among others. Vincenzo A. Sainato, PhD, is assistant professor of criminal justice at Loyola University–New Orleans. His research crosses a wide spectrum of subject areas,

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including economic development and crime, technology and criminal justice, critical incident analysis, crime prevention, and cybercrime. Vanessa Schrader graduated from the State University of New York at Albany in May 2010 with a BA in criminal justice and a BA in psychology. She will be pursue an MS in accounting at the State University of New York at Albany. She has an interest in forensic accounting. Ursula Smartt is a consultant specializing in comparative criminal law and criminal justice systems and media law. She has been an independent international prison researcher and penal policy adviser to a number of governments for more than 20 years and has published widely in this ﬁeld. Peter K. B. St. Jean, a native of Dominica, is an assistant professor in the Department of Sociology at the State University of New York at Buffalo. His research focuses on crime, violence, cities, family, Caribbean Studies, and quality of life. David Achanfuo Yeboah is manager of the Health Statistics Centre, Queensland Health, Brisbane, Australia. A Commonwealth scholar and United Nations fellow, Dr. Yeboah has been a senior fellow at the University of the West Indies, Barbados, and an associate professor at Deakin University, Australia, and Zayed University, United Arab Emirates. Claudia Zambrana is a doctoral candidate in criminology at the University of Montreal. She is also a research assistant at the Centre of International and Comparative Criminology, University of Montreal. Zambrana has researched the impact of globalization on drugs and crime and drug laws in Bolivia.

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Index

Boldface numbers refer to volume numbers. A key appears on all verso pages. ABA-CEELI study on Azerbaijan (2005), 3:23 Abolition of Death Penalty for MurderCaribbean Territories Act (1991), 2:326 Act for Establishment of and Procedure for Juvenile and Family Court (1991, Thailand), 3:246 Act on Extradition and Mutual Assistance (Austria), 4:27 Act to Repeal Some Criminal Cases and Remitting Punishment (Nepal), 3:177 Ad Hoc Human Rights Court, 3:256 Afghanistan, 3:1 – 12 crime in, 3:7 – 9 ﬁnding of guilt, formal system, 3:4 – 6 ﬁnding of guilt, informal system, 3:6 Islamic law, 3:1, 6 – 8, 11 juvenile justice system, 3:11 legal system in, 3:2 – 4 police in, 3:3 – 4 prison system, 3:12 punishment for crime, 3:9 – 10 Afghanistan Independent Human Rights Commission, 3:4 African Commission on Human and People’s Rights, 1:16 African Court on Human and People’s Rights, 1:52 African Report on Child Well Being (2008), 1:182 African Union Mission in Sudan (AMIS), 1:365 – 366 Afrobarometer survey, 1:13 AIDS. See HIV/AIDS Ain O Salish Kendro NGO (ASK), 3:31 Åland Islands, 4:1 – 4 crime in, 4:1 – 2 ﬁnding of guilt in, 4:2 – 3 legal system, 4:1 police in, 4:1 prison/punishment for crimes in, 4:3–4

Albania, 4:4 – 12 crime in, 4:6 – 7 ﬁnding in guilt in, 4:7 – 9 juvenile justice system, 4:9 legal system, 4:4 – 6 policing practices, 4:6 prison system, 4:10 – 12 punishment for crimes, 4:9 – 10 rights of the accused, 4:7 – 8 Algeria, 1:247 – 254 crime in, 1:248 – 251 ﬁnding of guilt in, 1:251 – 252 legal system in, 1:251 – 252 prison system, 1:253 punishment for crimes, 1:252 – 253 Alternative Dispute Resolution (ADR, Bangladesh), 3:33 Alternative Sentencing Law (2006, Cayman Islands), 2:86 – 87 American Convention on Human Rights to Abolish the Death Penalty, 2:16, 115 American Declaration of the Rights and Duties of Man, 2:55 AMIS. See African Union Mission in Sudan Amnesty International (AI) Angola data, 1:5 – 6 Argentina data, 2:18 The Bahamas data, 2:27, 28 – 29 Bhutan data, 3:46 Central African Republic data, 1:37 China data, 3:70 Ethiopia data, 1:79 Jordan threats to human rights, 1:298 Kyrgyzstan data, 3:118 Lebanon data, 1:325 Libya data, 1:332 Panama data, 2:268 Republic of Congo data, 1:59 Saudi Arabia data, 1:355, 359, 360 Sudanese data, 1:367 Syria data, 1:370 Tunisia data, 1:376

Uganda data, 1:231 Yemen data, 1:386 Analytic Report on Crime (South Korea), 3:212 Andorra, 4:12 – 17 crime in, 4:13 – 15 ﬁnding of guilt in, 4:15 juvenile justice system, 4:14 legal system, 4:12 – 13 policing practices, 4:13 prison system, 4:16 – 17 punishment for crimes, 4:16 Angola (Republica de Angola), 1:1 – 7 crime in, 1:4 – 5 ﬁnding of guilt, 1:4 – 5 judicial system of, 1:1 – 2 police in, 1:2 – 3, 2 (photo) prison system, 1:6 punishment for crimes, 1:5 – 6 Anguilla, 2:1 – 5 crime in, 2:2 – 3 ﬁnding of guilt in, 2:3 – 4 juvenile justice system, 2:3 legal system, 2:1 – 2 police in, 2:2 prison system, 2:5 punishment for crimes, 2:4 – 5 rights of the accused, 2:3 Annual Report of Judicial Statistics (ISTAT, Italy), 4:176 Anti-Corruption Act (Chad, 2000), 1:44 Anti-Corruption Commission (Bangladesh), 3:25 Anti-Drug Authority (Israel), 1:289 Anti-Terrorism Act (1993, Bangladesh), 3:25, 35 Anti-Terrorism Act (1997, Pakistan), 3:188 Anti-Terrorism Court (ATC, Pakistan), 3:191 Antigua and Barbuda, 2:5 – 9 crime in, 2:6 – 8 ﬁnding of guilt in, 2:8 legal system, 2:5 – 6

I-1 © 2011 ABC-Clio. All Rights Reserved.

I-2

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe prison system, 2:9 punishment for crimes, 2:8 – 9 rights of the accused, 2:8 Antiquity and Art Treasure Act (India, 1972), 3:88 Argentina, 2:9 – 18 crime in, 2:12 – 13 extradition law, 2:18 ﬁnding of guilt in, 2:13 – 16 juvenile justice system, 2:16 legal system, 2:11 – 12 prison system, 2:17 – 18 punishment for crimes, 2:16 – 18 rights of the accused, 2:14 Armed Congolese Forces (FAC), 1:56 Armed robbery in Burkina Faso, 1:19, 20 in Central African Republic, 1:38, 39 in Chad, 1:46 in the DRC, 1:54 in Iran, 1:269 – 270 in Kenya, 1:106, 111 in Lesotho, 1:112 in Liberia, 1:120 in Malawi, 1:131 in Nigeria, 1:164, 166 in Republic of Congo, 1:59 in Réunion, 1:168 in Saudi Arabia, 1:360 in Sierra Leone, 1:194 in Sudan, 1:363 in Tanzania, 1:22 in Zanzibar, 1:222 Armenia, 3:13 – 20 crime, 3:15 – 17 ﬁnding of guilt in, 3:17 – 18 legal system, 3:13 – 15 police in, 3:14 – 15 prison system, 3:18 – 20 punishment for crimes, 3:18 Arms Act (India, 1959), 3:88 Aruba, 2:18 – 22 crime in, 2:19 – 20 extradition law, 2:18 ﬁnding of guilt in, 2:20 – 21 juvenile justice system, 2:21 legal system in, 2:20 – 21 police in, 2:19 prison /punishment for crimes, 2:21 – 22 rights of the accused, 2:20 Asian Association of Police Studies (2007), 3:33

Asset Forfeiture Unit (South Africa), 1:207 Assist the Prisoner Fund (Armenia), 3:19 Association of Emancipation, Solidarity, and Equality of Women (NGO), 4:214 Australia, 3:299 – 305 crime in, 3:299 – 303 ﬁnding of guilt in, 3:303 legal system in, 3:303 punishment for crimes in, 3:303 – 305 Austria, 4:17 – 27 crime in, 4:18 – 20 ﬁnding of guilt in, 4:20 – 24 juvenile justice system, 4:24 legal system, 4:17 – 18 policing practices, 4:18 prison system, 4:26 – 27 punishment for crimes, 4:24 – 26 rights of the accused, 4:20 – 22 Automobile theft in The Bahamas, 2:25 in Bosnia and Herzegovina, 4:52 in the DRC, 1:54 in Lesotho, 1:114 in Libya, 1:331 in Luxembourg, 4:210 in Mali, 1:134 in Mauritius, 1:143 in Monaco, 4:237 in Norway, 4:251 in Réunion, 1:169 in Seychelles, 1:190 in Turks and Caicos Islands, 2:325–326 Azerbaijan, 3:20 – 24 crime in, 3:21 – 22 ﬁnding of guilt in, 3:22 – 23 legal system, 3:20 – 21 police in, 3:22 prison system, 3:23 – 24 The Bahamas, 2:22 – 31 crime in, 2:25 – 27 extradition law, 2:26 ﬁnding of guilt in, 2:27 – 28 legal system, 2:22 – 23 police in, 2:23 – 25 prison/punishment for crimes, 2:28–31 Bahrain, 1:255 – 259 crime in, 1:256 – 257 legal system, 1:257 – 258 police in, 1:255 – 256 prisons /punishment for crimes, 1:258 – 259 Bangladesh, 3:24 – 37 crime in, 3:28 – 30 ﬁnding of guilt in, 3:30 – 34

© 2011 ABC-Clio. All Rights Reserved.

juvenile justice system, 3:34 legal system, 3:25 – 26 police in, 3:27 – 28 prison system, 3:36 punishment for crime, 3:34 – 36 rights of the accused, 3:30 Bangladesh Legal Aid Services Trust NGO (BLAST), 3:31 Bangladesh National Women Lawyer’s Association NGO (BNWLA), 3:31 Barbados, 2:31 – 40 crime in, 2:32 – 34 ﬁnding of guilt in, 2:35 – 36 legal system, 2:32 plea bargaining in, 2:35 police in, 2:32 prison system, 2:37 – 40 punishment for crimes, 2:36 – 40 rights of the accused, 2:35 Basutholand. See Lesotho Beijing Rules. See UN Standard for Minimum Rules for the Administration of Juvenile Justice Belarus, 4:28 – 39 crime in, 4:29 – 31 ﬁnding of guilt in, 4:31 – 33 juvenile justice system, 4:32 – 33 legal system, 4:28 – 29 prison system in, 4:37 – 39 punishment for crimes in, 4:33 – 37 rights of the accused in, 4:31 – 32 Belgium, 4:39 – 48 crime in, 4:40 ﬁnding of guilt in, 4:40 – 43 juvenile justice system, 4:43 legal system, 4:39 – 40 police in, 4:39 prison system, 4:45 – 47 punishment for crimes, 4:43 – 45 Belize, 2:40 – 47 crime in, 2:43 – 45 ﬁnding of guilt in, 2:45 juvenile justice system, 2:43 legal system, 2:42 – 43 prison /punishment for crimes, 2:46 – 47 rights of the accused, 2:45 Benin, 1:7 – 10 crime in, 1:10 Justice Ministry Building, 1:8 (photo) legal system of, 1:7 – 10 prison system, 1:10 punishment for crimes, 1:10 Bermuda, 2:47 – 53 crime in, 2:48 – 49 ﬁnding of guilt in, 2:49 – 51 legal system in, 2:50 plea bargaining in, 2:50 – 51

Index

police in, 2:47 – 48 prison system, 2:52 – 53 punishment for crimes, 2:51 – 53 rights of the accused, 2:49 Bhutan, 3:37 – 47 crime in, 3:41 – 44 juvenile justice system, 3:44 legal system, 3:38, 39 – 40 police in, 3:40 – 41 prison system, 3:45 – 46 punishment for crime, 3:44 – 45 refugee crisis in, 3:46 – 47 Bolivia, 2:53 – 62 crime in, 2:56 – 58 extradition law, 2:61 – 62 ﬁnding of guilt in, 2:58 – 59 juvenile justice system, 2:59 legal system, 2:55 – 56 punishment for crimes, 2:59 – 61 rights of the accused, 2:58 Border crimes in Finland, 4:104, 105 in Kenya, 1:108 in Malawi, 1:129 in Swaziland, 1:215 in Zambia, 1:239 – 240 Bosnia and Herzegovina, 4:48 – 57 crime in, 4:49 – 52 ﬁnding of guilt in, 4:52 – 55 judges in, 4:54 – 55 juvenile justice system, 4:54 policing practices, 4:49 prison system in, 4:56 – 57 punishment for crimes in, 4:55 – 57 rights of the accused in, 4:53 Botswana, 1:10 – 17 crime in, 1:12 – 13 ﬁnding of guilt in, 1:13 – 15 juvenile justice system, 1:14, 15 prison system, 1:16 – 17 punishment for crimes, 1:15 – 17 Brazil, 2:62 – 69 crime in, 2:64 – 67 extradition law, 2:69 ﬁnding of guilt in, 2:67 legal system, 2:63 – 64 plea bargaining in, 2:67 prisons/punishment for crimes, 2:68–69 rights of the accused, 2:67 British Mandate Criminal Code Ordinance (Israel), 1:294 British Virgin Islands (BVI), 2:69 – 73 crime in, 2:71 ﬁnding of guilt in, 2:71 – 72 legal system, 2:70 police in, 2:70 – 71 prison system, 2:73 punishment for crimes, 2:72 – 73

Brunei Darussalam, 3:47 – 52 crime in, 3:48 – 49 ﬁnding of guilt in, 3:49 – 50 juvenile justice system, 3:50 – 51 police in, 3:48 prison system, 3:52 punishment for crime, 3:51 – 52 Bulgaria, 4:57 – 65 corruption in, 4:61 crime in, 4:60 – 61 ﬁnding of guilt in, 4:61 – 63 juvenile justice system, 4:62 – 63 legal system in, 4:57 – 59 police in, 4:59 – 60 prison system in, 4:63 – 65 punishment for crimes, 4:63 – 64 Bureau of Indian Affairs (BIA), 2:240 Bureau on Human Rights and Rule of Law (NGO), 3:236 Burkina Faso, 1:17 – 22 crime in, 1:19 – 20 ﬁnding of guilt in, 1:20 legal system, 1:18 police in, 1:18 – 19 prison system, 1:21 – 22 punishment for crimes, 1:21 – 22 Burundi, 1:22 – 27 crime in, 1:22 – 26 crimes against humanity, 1:25 – 26 homicide in, 1:22 – 23 legal system, 1:26 – 27 police in, 1:26 rape in, 1:24 – 25 torture in, 1:23 – 24 war crimes, 1:25 – 26 Cambodia, 3:52 – 63 crime in, 3:56 – 58 ﬁnding of guilt, 3:58 – 61 juvenile justice system, 3:60 legal system, 3:54 police in, 3:54 – 55 prison system, 3:61 – 63 punishment for crime, 3:61 rights of the accused, 3:58 Cambodia Criminal Justice Assistance Project (CCJAP), 3:55 – 56, 59 – 61, 63 Cambodian League for the Promotion and Defense of Human Rights (LICADHO), 3:55, 59 Camden Assets Recovery Inter-Agency Network (CARIN), 2:325 Cameroon, 1:27 – 30 crime in, 1:30 legal system, 1:28 – 30 prison system, 1:30 punishment for crimes, 1:30

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I-3

Canada, 2:73 – 81 crime in, 2:76 – 77 ﬁnding of guilt in, 2:77 – 78 legal system, 2:75 – 76 plea bargaining in, 2:78 police in, 2:76 prison system, 2:79 – 81 punishment for crimes, 2:78 – 81 Cannabis Control Act (South Korea), 3:212 Cannabis Control Law (Japan), 3:101 Cape Verde, 1:31 – 35 crime in, 1:32 – 33 ﬁnding of guilt in, 1:33 – 34 prison system, 1:34 punishment for crimes, 1:34 rights of the accused, 1:34 Capital punishment. See Death penalty CAR. See Central African Republic CARE (Campaign for Awareness, Resilience, and Education against Substance Abuse), 1:190 Caribbean Community and Common Market (CARICOM), 2:5, 230–232, 295 Caribbean Court of Justice, 2:231 Caribbean Development Bank, 2:3 Caribbean Financial Action Task Force, 2:85 Caribbean Peace Force (CPF), 2:164 Caribbean Territories (Criminal Law) Order (2000), 2:86, 326 Catholic Prisoners Chaplain (NGO), 1:127 – 128 Cattle rustling in Gambia, 1:83 in Kenya, 1:108 in Tanzania, 1:222 Cayman Islands, 2:81 – 88 crime in, 2:83 – 85 ﬁnding of guilt in, 2:85 – 86 legal system in, 2:86 plea bargaining in, 2:86 police in, 2:82 – 83 prison system in, 2:87 – 88 punishment for crimes, 2:86 – 88 rights of the accused, 2:85 Central African Republic (CAR), 1:35 – 42 crime in, 1:36 – 38 ﬁnding of guilt in, 1:38 – 39 juvenile justice system, 1:37 prison system, 1:41 – 42 punishment for crimes, 1:39 – 42 Central Asia-Caucasus Institute, 3:271 Central Committee for Drug Abuse Control (CCDAC, Myanmar), 3:169

I-4

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe Centre for International Crime Prevention, 3:176 Centre for Strategic International Studies, 3:9 Chad, 1:42 – 50 background information, 1:42 – 44 crime in, 1:44 – 46 ﬁnding of guilt in, 1:46 – 48 Islamic sharia law in, 1:47 juvenile justice system, 1:48 prison system, 1:49 – 50 punishment for crimes, 1:48 – 50 rights of the accused, 1:46 Child and Young Persons Act (Singapore), 3:204 Child Care and Protection Act (Jamaica), 2:212 Child Marriage Restraint Act (India), 3:88 Child prostitution in Chad, 1:45 in Honduras, 2:202 in Suriname, 2:311 in Togo, 1:228 in Uruguay, 2:351 in Zambia, 1:239 Childhood and Adolescent Codes (Costa Rica), 2:111 Children, crimes against abduction, 1:86 forced military service, 1:45, 201 prostitution, 1:45, 228, 239, 2:202, 311, 351 sexual abuse, 1:185, 214 in Seychelles, 1:190 trafficking of, 1:45, 68, 77, 129, 228 Children Act (1974, Bangladesh), 3:34 Children and Adolescents’ Code (1996, Honduras), 2:200 Children’s Act of Nepal, 3:177 Chile, 2:88 – 98 crime in, 2:92 – 95 ﬁnding of guilt in, 2:95 – 96 juvenile justice system, 2:91 – 92 juvenile system in, 2:91 – 92 legal system, 2:89 – 91 police in, 2:91 prison system /punishment for crimes, 2:96 – 97 rights of the accused, 2:95

China (People’s Republic of China), 3:64 – 71 crime in, 3:65 – 66 ﬁnding of guilt in, 3:66 – 68 juvenile justice system, 3:69 legal system, 3:68 punishment for crimes, 3:69 – 71 rights of the accused, 3:68 – 69 Chisomo Children’s Club (Malawi, NGO), 1:129 CIA World Factbook, 1:147, 4:208 Civil Courts Act (1887, Bangladesh), 3:26 Civil Law Enactment (Malaysia, 1937), 3:142 CIVPOL (civilian police) in Sudan, 1:365 – 366 Coalition against Trafficking in Women Factbook on Global Sexual Exploitation (1999), 3:46 Coalition of Concerned Civic Organizations (Swaziland), 1:217 Coalition Provisional Authority (CPA, Iraq), 1:272 – 275, 278 – 279 Coca and Controlled Substances Act (Bolivia), 2:56 Code for Children and Adolescents (Peru), 2:278 Code for the Execution of Criminal Penalties (Kazakhstan), 3:115 Code of Criminal Procedure (Austria), 4:21 Code of Criminal Procedure (Bangladesh), 3:26 Code of Criminal Procedure (Bolivia), 2:55 Colombia, 2:98 – 109 crime in, 2:99 – 102 ﬁnding of guilt in, 2:102 – 107 legal system, 2:98 – 99 plea bargaining in, 2:103, 104 – 105 prison system, 2:108 – 109 punishment for crimes, 2:107 – 109 rights of the accused, 2:102 Commission for Promotion of Virtue and Prevention of Vice (Saudi Arabia), 1:351 Commission for Reception, Truth and Reconciliation (CAVR), 3:251, 256 Commission of Truth and Friendship (CTF), 3:257 Commission of Truth and Reconciliation (CVR), 1:26 Committee of Torture Victims in Syrian Prisons, 1:369 Common Law Act (Anguilla), 2:2

© 2011 ABC-Clio. All Rights Reserved.

Commonwealth of the Northern Mariana Islands (CNMI) crime in, 3:318 – 319 legal system, 3:318 police in, 3:318 prison system in, 3:319 punishment for crimes, 3:319 rights of the accused in, 3:319 Community Reconciliation Process (Timor-Leste), 3:257 – 258 Community Service Orders Act (Montserrat), 2:235 – 236 Comoros, 1:50 – 52 background information, 1:50 – 51 crime in, 1:51 – 52 ﬁnding of guilt in, 1:52 Islamic sharia law in, 1:51 punishment for crimes, 1:52 Comprehensive Drug Abuse Prevention and Control Act (U.S.), 2:330 Comprehensive Security Agreement among the States of the Gulf Cooperation Council, 1:337 Computer Crime and Safety Survey (Australia), 3:302 Computer Crime and Security Survey (Australia), 3:302 – 303 Congo, Democratic Republic of the (DRC, Congo-Kinshasa), 1:53 – 56 background information, 1:53 – 54 crime in, 1:53 – 55 legal system, 1:53, 54 (photo) police and punishment, 1:55 – 56 Congo, Republic of (Congo-Brazzaville), 1:56 – 62 background information, 1:56 – 58 crime in, 1:58 – 59 ﬁnding of guilt in, 1:59 – 61 prison system, 1:61 – 62 punishment for crimes, 1:61 – 62 Constitutional Amendments (U.S.), 2:332 – 333, 344 Contraventions under the Dangerous Drugs Act (CDDA), 1:143 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1992), 1:23, 182 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1992), 1:37, 3:189 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1:371, 3:43, 190

Index

Convention on the Prevention and Punishment of the Crime of Genocide, 2:55 Convention on the Rights of the Child (CRC) Andorra data, 4:14 Argentina data, 2:16 Bhutan data, 3:45 Haiti data, 2:197 Mauritius data, 1:144 Pakistan data, 3:189, 190 Saudi Arabia data, 1:360 Sweden data, 4:340 Timor-Leste data, 3:261 Togo data, 1:229 Vietnam data, 3:295 Zambia data, 1:240 Cook Islands. See Polynesia Correctional Services Acts (South Africa), 1:210 Corruption in Afghanistan, 3:8 – 9 in Angola, 1:2, 3 in Armenia, 3:16 in Bangladesh, 3:25 in Benin, 1:7, 9 in Botswana, 1:11 in Bulgaria, 4:61 in Burkina Faso, 1:19, 20 in Cape Verde, 1:32, 34 in Central African Republic, 1:36, 41 in Chad, 1:48 in Comoros, 1:50 – 51 in DRC, 1:54 – 55 in Equatorial Guinea, 1:68 – 69 in Ethiopia, 1:76 in Ghana, 1:89 in Greece, 4:141 in Grenada, 2:168 in Guatemala, 2:181 in Guinea, 1:94 in Guinea-Bissau, 1:99 – 100 in Indonesia, 3:94 in Kenya, 1:106, 108, 110 in Kyrgyzstan, 3:118, 121 in Lebanon, 1:318 in Lesotho, 1:112 in Liberia, 1:120 in Madagascar, 1:124, 126 in Malawi, 1:129 – 130 in Moldova, 4:228 – 229 in Mongolia, 3:162 in Republic of Congo, 1:58 – 59, 60 in Singapore, 3:203 in Tajikistan, 3:235 in Tonga, 3:355

in Tunisia, 1:376 in Turkmenistan, 3:271 in Ukraine, 4:354 Corruption Perceptions Index (CPI), 1:58 – 59 Armenia data, 3:16 Lebanon data, 1:318 Madagascar data, 1:126 New Zealand data, 3:333 Turkmenistan data, 3:271 Corruption Report (UN, 2001), 1:318 Costa Rica, 2:109 – 117 crime in, 2:111 – 112 extradition law, 2:117 ﬁnding of guilt in, 2:112 – 115 juvenile justice system, 2:115 legal system, 2:110 – 111 prison system, 2:116 – 117 punishment for crimes, 2:115 – 117 rights of the accused, 2:113 Côte d’Ivoire. See Ivory Coast Council of Europe Penal Statistics, 4:16 – 17 Council of European Convention on the Transfer of Sentenced Persons, 4:27 Counter-Narcotics Law (2005, Afghanistan), 3:7 Country Reports on Human Rights Practices (U.S.) Antigua and Barbuda data, 2:9 Equatorial Guinea data, 1:67 – 69 Guinea data, 1:92 Kuwait data, 1:305, 306, 307, 1:307, 312 Lebanon data, 1:312 Republic of Congo data, 1:59 Saudi Arabia data, 1:360 Court Decision Enforcement Department (CDED, Mongolia), 3:164 Courts /court system. See Legal system Crime and Safety Report (2006), 4:209 Crime Investigation Department (CID), Nepal, 3:175 – 176 Crime Prevention Foundation of Zambia, 1:242 Crime Prevention Law (CPL, 1954, Jordan), 1:298 Crimes against humanity in Albania, 4:5 in Andorra, 4:16 in Angola, 1:1 in Argentina, 2:11 in Armenia, 3:18 in Bulgaria, 4:59 in Burundi, 1:25 – 26 in Chad, 1:45

© 2011 ABC-Clio. All Rights Reserved.

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I-5

in Colombia, 2:104, 2:105 in Iraq, 1:278 in Israel, 1:294 in Lebanon, 1:317 in Liechtenstein, 4:192 in Macao, 3:133 in Myanmar, 3:169 in Peru, 2:278 in Portugal, 4:266 – 267 in Rwanda, 1:174, 175 in Sudan, 1:366 – 367 in Timor-Leste, 3:256 in Uganda, 1:231 – 232 Criminal Act of 1991 (Sudan), 1:361 Criminal Code (Libya), 1:330 Criminal Code Act of 1907 (Bermuda), 2:48 Criminal Code Ordinance (Israel), 1:294 Criminal Investigation Division (CID, Yemen), 1:385 Criminal Justice Reform Act (Jamaica), 2:213 Criminal Law Amendment Act (Bangladesh), 3:26 Criminal Procedure Code (Armenia), 3:17 Criminal Procedure Code (Montserrat), 2:234 Criminal Procedure Law (CPL, China), 3:66 – 68 Criminal Protection Code (CDC, Argentina), 2:14 Criminal Sanctions Agency (Åland Islands), 4:2 Croatia, 4:66 – 70 crime in, 4:67 – 68 ﬁnding of guilt in, 4:68 legal system, 4:66 police in, 4:66 prison system in, 4:70 punishment for crimes, 4:69 – 70 Cuba, 2:117 – 126 crime in, 2:120 – 122 ﬁnding of guilt in, 2:122 – 124 legal system, 2:122, 124 police in, 2:120 prison system /punishment for crimes, 2:125 – 126 rights of the accused, 2:123 Customary courts (kgotla) in Botswana, 1:14 CVR (Commission of Truth and Reconciliation), 1:26 Cybercrime in Bangladesh, 3:30 in Malta, 4:218

I-6

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe Cyprus, 4:70 – 75 crime in, 4:72 – 73 ﬁnding of guilt in, 4:73 – 74 legal system in, 4:71 police in, 4:72 prison /punishment for crimes, 4:74 – 75 Czech Republic, 4:75 – 85 crime in, 4:77 – 79 ﬁnding of guilt in, 4:79 – 81 juvenile justice system, 4:81 legal system, 4:76 police in, 4:77 prison system in, 4:83 – 85 punishment for crimes, 4:81 – 83 Dangerous Drugs Act (Jamaica), 2:207, 208 Dangerous Drugs Ordinance (Israel), 1:288 Death penalty, in Africa in Botswana, 1:16 in Burkina Faso, 1:21 in Central African Republic, 1:40 in Djibouti, 1:66 in Lesotho, 1:116 in Malawi, 1:132 in Nigeria, 1:166 in Republic of Congo, 1:61 in Tanzania, 1:224 Death penalty, in the Americas in The Bahamas, 2:28 in Belize, 2:47 in Bolivia, 2:60 in Chile, 2:97 in Dominican Republic, 2:140 in Grenada, 2:169 in Guatemala, 2:186 – 187 in Guyana, 2:193 – 194 in Honduras, 2:204 in Jamaica, 2:213 – 214 in La Guadeloupe, 2:175 in Mexico, 2:227 – 228 in Navajo Nation, 2:246 in Saint Kitts and Nevis data, 2:296 in Venezuela, 2:363 Death penalty, in Asia in Bangladesh, 3:35 in China, 3:69 – 70 in Malaysia, 3:149 in Maldives, 3:157 – 158 in Nepal, 3:177

in Pakistan, 3:192 in the Philippines, 3:199 – 200 in Singapore, 3:207 in Taiwan, 3:231 in Thailand, 3:248 in Uzbekistan, 3:284 in Vietnam, 3:297 Death penalty, in Europe in Austria, 4:24 in Belarus, 4:36 – 37 in Russia, 4:288 Death penalty, in the Middle East in Iran, 1:268 – 269 in Iraq, 1:281 in Kuwait, 1:310 in Palestinian Territories, 1:346 in Saudi Arabia, 1:359 – 360 Death penalty, in Northern Africa in Algeria, 1:248 – 249 in Egypt, 1:262 in Ethiopia, 1:76 in Libya, 1:331 in Morocco, 1:334 – 335 Death penalty, in the Paciﬁc in Melanesia, 3:314 – 315 Declaration of Rights of Man (1789), 1:101 Democracy, Human Rights, and Labor Bureau (U.S.), 1:144 Democratic Forces for the Liberation of Rwanda (FDLR), 1:54 Denmark, 4:85 – 93 crime in, 4:86 ﬁnding of guilt in, 4:87 – 88 juvenile justice system, 4:88 – 90 prison system, 4:90 – 93 punishment for crimes, 4:88 – 90 Djibouti, 1:62 – 66 crime in, 1:64 ﬁnding of guilt in, 1:64 – 65 Islamic sharia law in, 1:63 legal system, 1:63 – 64 police in, 1:63 punishment for crimes, 1:65 – 66 rights of the accused, 1:65 Doctors Without Borders (NGO), 1:24 Domestic violence in Antigua and Barbuda, 2:7 in Botswana, 1:13 in Burundi, 1:24 in Cameroon, 1:30 in Cape Verde, 1:34 in Congo, Republic of, 1:59 in Djibouti, 1:64 in Equatorial Guinea, 1:68 in Eritrea, 1:71 in Finland, 4:105

© 2011 ABC-Clio. All Rights Reserved.

in Gambia, 1:85 in Ghana, 1:88 – 89 in Guinea, 1:92, 96 in Jordan, 1:299 in Kuwait, 1:307 in Kyrgyzstan, 3:121 – 122 in Lesotho, 1:115 in Liberia, 1:118 in Macedonia, 4:214 in Madagascar, 1:124 in Mali, 1:134 in Namibia, 1:153 in Navajo Nation, 2:242 in Nicaragua, 2:259 in Saint Kitts and Nevis, 2:294 in Sao Tome and Principe, 1:181 in Somalia, 1:200 – 201 in South Africa, 1:206 in Tajikistan, 3:234 in Tonga, 3:356 See also International Violence Against Women Survey Domestic Violence Act (1999, Antigua and Barbuda), 2:7 Domestic Violence and Victim Support Unit (DOVVSU, Ghana), 1:88 Dominica, 2:126 – 131 crime in, 2:127 – 128 ﬁnding of guilt in, 2:128 – 129 plea bargaining in, 2:129 prison system /punishment for crimes, 2:128 – 131 Dominican Republic, 2:131 – 142 crime in, 2:133 – 135 extradition law, 2:137 ﬁnding of guilt in, 2:135 – 139 legal system, 2:137 – 138 prison system in, 2:140 – 141 punishment for crimes, 2:139 – 141 rights of the accused, 2:138 Dowry Prohibition Act (India, 1961), 3:88 DRC. See Congo, Democratic Republic of Drug and Crime Office (UN), 1:98 Drug crimes, in Africa in Botswana, 1:16 in Burkina Faso, 1:19 in Cape Verde, 1:33 in Chad, 1:45 in Djibouti, 1:64, 65 in Gambia, 1:83 in Ghana, 1:87 in Guinea, 1:93 in Guinea-Bissau, 1:98 – 99 in Mauritius, 1:143 in Mozambique, 1:150 – 151 in Niger, 1:159

Index

in Réunion, 1:168 – 169 in Saint Helena, 1:178 in Seychelles, 1:190 in Sierra Leone, 1:195 in South Africa, 1:206 in Tanzania, 1:221 – 222 Drug crimes, in the Americas in Anguilla, 2:2 – 3 in Antigua and Barbuda, 2:7 in Aruba, 2:19 in The Bahamas, 2:26 in Barbados, 2:33 in Belize, 2:44 in Bermuda, 2:48 in Bolivia, 2:56 – 57 in Brazil, 2:65 – 66 in British Virgin Islands, 2:71 in Cayman Islands, 2:83 – 84 in Chile, 2:93 – 94 in Colombia, 2:101 in Costa Rica, 2:111 in Dominican Republic, 2:134 – 135 in Ecuador, 2:145 – 146 in El Salvador, 2:153 in Greenland, 2:160 in Grenada, 2:165 – 166 in Guatemala, 2:180 in Guyana, 2:190 in Haiti, 2:195 – 196 in Honduras, 2:201 – 202 in Jamaica, 2:207 – 208 in La Guadeloupe, 2:172, 175 in Martinique, 2:217 – 218 in Mexico, 2:224 – 225 in Netherlands Antilles, 2:249 in Panama, 2:266 – 267 in Peru, 2:278 – 279 in Puerto Rico, 2:285 – 286 in Saint Kitts and Nevis, 2:292 – 293 in Saint Lucia, 2:298 in Saint Vincent and the Grenadines, 2:301 – 302 in Suriname, 2:310 – 311 in Trinidad and Tobago, 2:316 – 317 in Turks and Caicos Islands, 2:324 – 325 in the United States, 2:330, 331 – 332 in Uruguay, 2:350 – 351 Drug crimes, in Asia in Afghanistan, 3:7 – 8, 10 in Armenia, 3:15 – 16 in Azerbaijan, 3:22 in Brunei Darussalam, 3:48 – 49 in Cambodia, 3:61 in China, 3:66 in Hong Kong, 3:79, 82 in Indonesia, 3:94 in Japan, 3:101

in Kazakhstan, 3:112 in Laos, 3:127 in Maldives, 3:154 in Mongolia, 3:160 – 161 in Nepal, 3:176 – 177 in North Korea, 3:181 in Singapore, 3:205 in Sri Lanka, 3:220 in Taiwan, 3:225 – 226 in Tajikistan, 3:235 in Thailand, 3:242 – 243 in Turkey, 3:263 – 264 in Turkmenistan, 3:270 – 271 in Uzbekistan, 3:281 – 282 Drug crimes, in Europe in the Åland Islands, 4:2 in Albania, 4:6 – 7 in Andorra, 4:14 in Austria, 4:19 in Belarus, 4:30 – 31 in Belgium, 4:40 in Bosnia and Herzegovina, 4:51 – 52 in Bulgaria, 4:60 – 61 in Croatia, 4:68 in Cyprus, 4:72 – 73 in Estonia, 4:96 – 97 in Faroe Islands, 4:101 in Finland, 4:106, 107 in France, 4:114, 115 in Germany, 4:124 – 125 in Gibraltar, 4:134 in Greece, 4:140 – 141 in Guernsey, 4:146 in Hungary, 4:151 – 152 in Iceland, 4:158 in Italy, 4:176 in Latvia, 4:187 in Liechtenstein, 4:195 in Lithuania, 4:200 – 201 in Luxembourg, 4:210 in Macedonia, 4:214 in Malta, 4:220 in Moldova, 4:229 in The Netherlands, 4:244 in Norway, 4:251 in Poland, 4:259 in Portugal, 4:268 in Romania, 4:278 in Russia, 4:285 in Serbia, 4:299 in Spain, 4:325 in Sweden, 4:334 in Switzerland, 4:344, 345 – 346 in Ukraine, 4:355 in United Kingdom /England, 4:364 in United Kingdom /Wales, 4:392 in Vatican City and the Holy See, 4:402

© 2011 ABC-Clio. All Rights Reserved.

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I-7

Drug crimes, in the Middle East in Israel, 1:289 – 290 in Jordan, 1:299 in Kuwait, 1:307 – 308 in Lebanon, 1:319 in Palestinian Territories, 1:343 – 344 in United Arab Emirates, 1:380 Drug crimes, in Northern Africa in Algeria, 1:250 – 251 in Egypt, 1:262 in Ethiopia, 1:77 in Morocco, 1:334 in Tunisia, 1:375 Drug crimes, in the Paciﬁc in Australia, 3:301 – 302 in New Zealand, 3:331, 332 – 333 in the Pitcairn Islands, 3:341 East Timor Women’s Communication Forum, 3:255 Eastern Caribbean Supreme Court (ECSC) in Anguilla, 2:2 in British Virgin Islands, 2:72 in Grenada, 2:163 – 164 in Montserrat, 2:234 in Saint Vincent and the Grenadines, 2:303 – 304 Economic and Financial Crimes Commission (EFCC, Nigeria), 1:164 Economic Security Court (ESC, Syria), 1:370 Ecuador, 2:142 – 150 crime in, 2:143 – 146 ﬁnding of guilt in, 2:146 – 147 juvenile justice system, 2:147 legal system, 2:142 – 143 prison system in, 2:149 – 150 punishment for crimes, 2:147 – 150 rights of the accused, 2:146 Egypt, 1:259 – 266 crime in, 1:261 – 262 ﬁnding of guilt, 1:262 – 265 legal system in, 1:260 plea bargaining in, 1:265 police in, 1:260 – 261 prisons /punishment for crimes, 1:265 – 266 El Salvador, 2:150 – 156 crime in, 2:151 – 154 ﬁnding of guilt in, 2:154 – 156 juvenile justice in, 2:155 – 156 legal system in, 2:150 – 151 punishment for crimes, 2:156 Elephant tusk crimes (Kenya), 1:107 England. See United Kingdom / England

I-8

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe Equatorial Guinea, 1:66 – 70 crime in, 1:67 – 68 ﬁnding of guilt in, 1:68 – 69 police in, 1:67 punishment for crimes, 1:69 Eritrea, 1:70 – 74 crime in, 1:71 ﬁnding of guilt in, 1:71 – 73 Islamic sharia law in, 1:71 juvenile justice system, 1:74 legal system, 1:71 – 72 police in, 1:70 – 71 punishment for crimes, 1:73 – 74 Estonia, 4:93 – 100 crime in, 4:95 – 97 ﬁnding of guilt in, 4:97 – 98 legal system in, 4:94 police in, 4:94 – 95 prison system in, 4:99 – 100 punishment for crimes, 4:98 – 99 Ethiopia, 1:74 – 79 crime in, 1:76 – 78 ﬁnding of guilt in, 1:78 legal system, 1:75, 76 police in, 1:76 punishment for crimes, 1:78 – 79 rights of the accused, 1:75 Ethiopian People’s Revolutionary Democratic Front (EPRDF), 1:76 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 2:254, 4:121, 169, 181, 194, 215 European Committee on Crime Problems, 4:292 European Convention on Human Rights (ECHR) Albania data, 4:7 – 8 Austria data, 4:20 Azerbaijan data, 3:20 Belgium data, 4:41 Bosnia and Herzegovina data, 4:52 Cyprus data, 4:74 Norway data, 4:252 Pitcairn Islands data, 3:341 Turks and Caicos Islands data, 2:327 United Kingdom /England data, 4:365 European Convention on the Protection of Human Rights and Fundamental Freedoms European Court of Human Rights, 3:20, 4:21

European Human Rights Conventions (Nos. 6, 13), 4:26 European Institute for Crime Prevention and Control, 4:346 European Neighbourhood Policy program, 1:322 European Sourcebook of Criminal Justice, 4:208 – 209 European Torture Commission of the Council of Europe, 2:326 – 327 European Union Force (EUFOR), 1:45 Evidence Act (1872, Bangladesh), 3:26 Excise Act (India, 1944), 3:88 Explosives and Explosive Substances Act (India, 1884, 1908), 3:88 Extradition law in Argentina, 2:18 in Aruba, 2:18 in The Bahamas, 2:26 in Bolivia, 2:61 – 62 in Brazil, 2:69 in Costa Rica, 2:117 in Dominican Republic, 2:137 in Finland, 4:113 in Granada, 2:166 in Guyana, 2:187, 194 in Israel, 1:297 in Jordan, 1:297 in La Guadeloupe, 2:176 in Malawi, 1:129 in Martinique, 2:221 in Mexico, 2:229 in Moldova, 4:234 – 235 in Norway, 4:255 in Oman, 1:339 in Portugal, 4:273 in Puerto Rico, 2:289 – 290 in Singapore, 3:209 in Sudan, 1:367 in Suriname, 2:313 in Tanzania, 1:231 in United Kingdom /England, 4:370 in the United States, 2:338 – 339 in Uzbekistan, 3:286 Falkland Islands, 2:157 – 159 crime in, 2:158 – 159 ﬁnding of guilt in, 2:159 legal system, 2:157 – 158 police /prison system in, 2:158 punishment for crimes, 2:159 Faroe Islands, 4:100 – 103 crime in, 4:101 – 102 ﬁnding of guilt in, 4:102 legal system in, 4:101 prison system in, 4:103 punishment for crimes, 4:102 – 103

© 2011 ABC-Clio. All Rights Reserved.

Federal Bureau of Investigation (FBI) Algeria data, 1:247 Micronesia data, 3:320 Navajo Nation data, 2:241 Puerto Rico data, 2:284 Sao Tome and Principe crime data, 1:181 United States Virgin Islands data, 2:342 U.S. data, 2:330 – 332 Federal Juvenile Delinquency Act (FJDA), 2:244 – 245, 247 Federated States of Micronesia (FSM) crime in, 3:322 legal system, 3:321 – 322 police in, 3:322 prison system, 3:322 – 323 punishment for crimes, 3:322 – 323 rights of the accused in, 3:322 Female genital mutilation (FGM) in Burkina Faso, 1:19 in Djibouti, 1:64 in Guinea, 1:92 in Niger, 1:158, 159 in Oman, 1:337 in Senegal, 1:185, 186 in Somalia, 1:201 Fiji Islands. See Melanesia Financial Action Task Force (FATF) on Money Laundering (Caribbean), 2:302 Finland, 4:103 – 114 crime in, 4:105 – 107 ﬁnding of guilt in, 4:108 – 111 juvenile justice system, 4:110 – 111 legal system in, 4:103 – 1104 police in, 4:104 – 105 prison system in, 4:112 – 113 punishment for crimes in, 4:111 – 112 rights of the accused, 4:108 Firearms trafficking in Malawi, 1:129 in Mozambique, 1:150 – 151 in Saint Helena, 1:178 in Somalia, 1:201 in Tanzania, 1:222 Forest Act (India, 1927), 3:88 Former Yugoslav Republic of Macedonia (FYRM). See Macedonia, Former Yugoslav Republic of (FYRM) Foundation for Human Rights Initiative (FHRI, NGO), 1:231 France, 4:114 – 123 crime in, 4:114 – 116 ﬁnding of guilt in, 4:116 – 119 juvenile justice system in, 4:118 – 119

Index

legal system in, 4:114 prison system in, 4:121 – 122 punishment for crimes, 4:119 – 121 rights of the accused in, 4:116 French Penal Law and Penal Procedure, 1:58, 60 French Polynesia. See Polynesia Frontier Crime Regulations (Pakistan), 3:188 Full Stop Law (Argentina), 2:11 Gabon, 1:79 – 81 crime in, 1:79 – 80 ﬁnding of guilt in, 1:80 – 81 legal system, 1:79 – 80 punishment for crimes, 1:81 Gambia, 1:81 – 86 crime in, 1:83 ﬁnding of guilt in, 1:83 – 85 Islamic sharia law in, 1:81 legal system, 1:81 – 82 police in, 1:82 – 83 prison system, 1:85 – 86 punishment for crimes, 1:85 – 86 Gambling Act (India, 1867), 3:88 General Intelligence Directorate (GID), 1:370 General People’s Congress (Libya), 1:328, 331 Genocide in Andorra, 4:16 in Armenia, 3:18 in Austria, 4:18 in Belarus, 4:29, 36 in Bolivia, 2:55 in Bosnia and Herzegovina, 4:51 in Burundi, 1:25 in Cambodia, 3:53 in Chad, 1:48 in Colombia, 2:105 – 106 in Czech Republic, 4:82 in Darfur, Sudan, 1:365, 366, 367 in Ethiopia, 1:78 in Iraq, 1:278 in Israel, 1:294 in Kazakhstan, 3:111 in Lebanon, 1:317 in Liechtenstein, 4:192 in Lithuania, 4:199 in Macao, 3:133 in Moldova, 4:227 in Montserrat, 2:235 in Portugal, 4:266 in Romania, 4:277 in Rwanda, 1:174 – 176 in Sao Tome and Principe, 1:182 in Timor-Leste, 3:256 in Turkey, 3:263

in Turkmenistan, 3:273 in Uzbekistan, 3:284 Georgia, 3:71 – 76 crime in, 3:72 – 73 ﬁnding of guilt in, 3:74 juvenile justice system, 3:73 police in, 3:72 prison system, 3:75 – 76 punishment for crimes, 3:74 – 75 Germany, 4:123 – 132 crime in, 4:124 – 125 ﬁnding of guilt in, 4:125 – 129 juvenile justice system, 4:130 – 131 legal system in, 4:127 – 128 police in, 4:124 prison system in, 4:131 – 132 punishment for crimes in, 4:129 – 130 rights of the accused in, 4:128 Ghana, 1:86 – 91 crime in, 1:86 – 87 ﬁnding of guilt in, 1:88 legal system, 1:88 police in, 1:88 – 89 prison system, 1:89 – 91 Gibraltar, 4:132 – 137 crime in, 4:134 ﬁnding of guilt in, 4:134 – 135 legal system in, 4:132 – 133 police in, 4:133 prison system, 4:136 – 137 punishment for crimes, 4:135 – 136 Global Competitiveness Survey (World Economic Forum), 1:338 Global Corruption Barometer, 2:181, 184 Global Initiative to End All Corporal Punishment of Children, 2:274 Global Peace Index (2008) Equatorial Guinea data, 1:68 Eritrea data, 1:71 Global Software Piracy Study, 4:188 Global Terrorism Database, 3:188 – 189 Gold Coast Militia and Police (GCMP), 1:89 Greece, 4:137 – 145 crime in, 4:139 – 141 ﬁnding of guilt in, 4:141 – 143 legal system in, 4:138 – 139 police in, 4:139 prison system in, 4:144 – 145 punishment for crimes, 4:143 – 144 rights of the accused in, 4:141 – 142 Greek Police Group against Human Trafficking, 4:140 Greenland, 2:159 – 162 crime in, 2:160 ﬁnding of guilt in, 2:160 – 161 legal system, 2:160

© 2011 ABC-Clio. All Rights Reserved.

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I-9

prison system /punishment for crimes, 2:161 – 162 Grenada, 2:162 – 169 crime in, 2:165 – 166 extradition law, 2:166 ﬁnding of guilt in, 2:167 – 168 legal system, 2:163 – 164 police in, 2:164 – 165 prison system /punishment for crimes, 2:168 – 169 rights of the accused, 2:167 Group of States against Corruption (GRECO, Council of Europe), 4:239 Group to Enjoin Good and Forbid Evil (Sudan), 1:363 La Guadeloupe, 2:169 – 176 crime in, 2:171 – 173 extradition law, 2:176 ﬁnding of guilt in, 2:173 – 174 juvenile justice system, 2:174 legal system, 2:169 – 170, 174 plea bargaining in, 2:173 police in, 2:171 punishment for crimes, 2:174 – 176 Guam crime in, 3:320 legal system, 3:319 – 320 police in, 3:320 prison system, 3:321 punishment for crimes, 3:320 – 321 rights of the accused in, 3:320 Guatemala, 2:176 – 187 crime in, 2:177 – 181 ﬁnding of guilt in, 2:181 – 185 juvenile justice system, 2:187 legal system, 2:182 – 184 plea bargaining in, 2:183 police in, 2:181 punishment for crimes, 2:185 – 187 Guernsey, 4:145 – 148 crime in, 4:146 – 147 ﬁnding of guilt in, 4:147 legal system, 4:145 – 146 police in, 4:146 punishment for crimes in, 4:147 – 148 Guilt, ﬁnding of, in Africa in Angola, 1:4 – 5 in Botswana, 1:13 – 15 in Burkina Faso, 1:20 in Central African Republic, 1:38 – 39 in Chad, 1:46 – 48 in Comoros, 1:52 in Djibouti, 1:64 – 65 in Equatorial Guinea, 1:68 – 69 in Eritrea, 1:71 – 73 in Ethiopia, 1:78 in Gabon, 1:80 – 81

I-10

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe in Gambia, 1:83 – 85 in Ghana, 1:88 in Guinea, 1:94 – 96 in Guinea-Bissau, 1:100 Guilt, ﬁnding of, in the Americas in Anguilla, 2:3 – 4 in Antigua and Barbuda, 2:8 in Argentina, 2:13 – 16 in Aruba, 2:20 – 21 in The Bahamas, 2:27 – 28 in Barbados, 2:35 – 36 in Belize, 2:45 in Bermuda, 2:49 – 51 in Brazil, 2:67 in British Virgin Islands, 2:71 – 72 in Canada, 2:77 – 78 in Cayman Islands, 2:85 – 86 in Chile, 2:95 – 96 in Colombia, 2:102 – 107 in Costa Rica, 2:112 – 115 in Dominica, 2:128 – 129 in Dominican Republic, 2:135 – 139 in Ecuador, 2:146 – 147 in El Salvador, 2:154 – 156 in Falkland Islands, 2:159 in Greenland, 2:160 – 161 in Grenada, 2:167 – 168 in Guyana, 2:192 – 193 in Honduras, 2:202 – 203 in Jamaica, 2:208 – 212 in Martinique, 2:218 – 219 in Mexico, 2:226 – 227 in Montserrat, 2:232 – 233 in Navajo Nation, 2:242 – 244 in Netherlands Antilles, 2:250 – 253 in Nicaragua, 2:259 – 262 in Puerto Rico, 2:286 – 287 in Saint Lucia, 2:298 – 299 in Saint Vincent and the Grenadines, 2:302 – 305 in Suriname, 2:311 – 312 in Trinidad and Tobago, 2:318 – 319 in Turks and Caicos Islands, 2:326 in the United States, 2:332 – 335 in United States Virgin Islands, 2:343 – 344 in Uruguay, 2:351 – 352 in Venezuela, 2:357 – 360 Guilt, ﬁnding of, in Asia Afghanistan, formal system, 3:4 – 6 Afghanistan, informal system, 3:6 Armenia, 3:17 – 18 Azerbaijan, 3:22 – 23

Bangladesh, 3:30 – 34 Brunei Darussalam, 3:49 – 50 Cambodia, 3:58 – 61 China, 3:66 – 68 Georgia, 3:74 Hong Kong, 3:80 – 82 India, 3:89 – 90 Indonesia, 3:95 – 96 Japan, 3:102 – 106 Kazakhstan, 3:112 – 115 Laos, 3:127 – 130 Macao, 3:136 – 138 Malaysia, 3:146 Maldives, 3:155 – 156 in North Korea, 3:184 – 185 in Pakistan, 3:190 – 191 in Singapore, 3:205 – 207 in South Korea, 3:213 – 215 in Sri Lanka, 3:220 – 221 in Taiwan, 3:226 – 230 in Tajikistan, 3:235 – 237 in Turkey, 3:264 – 266 in Turkmenistan, 3:272 – 273 in Uzbekistan, 3:276 – 280 in Vietnam, 3:291 – 295 Guilt, ﬁnding of, in Europe in the Åland Islands, 4:2 – 3 in Albania, 4:7 – 9 in Austria, 4:20 – 24 in Belgium, 4:40 – 43 in Bosnia and Herzegovina, 4:52 – 55 in Bulgaria, 4:61 – 63 in Cyprus, 4:73 – 74 in Czech Republic, 4:79 – 81 in Denmark, 4:87 – 88 in Estonia, 4:97 – 98 in Faroe Islands, 4:102 in Finland, 4:108 – 111 in France, 4:116 – 119 in Germany, 4:125 – 129 in Gibraltar, 4:134 – 135 in Greece, 4:141 – 143 in Guernsey, 4:147 in Hungary, 4:153 – 154 in Iceland, 4:158 – 159 in Ireland, 4:165 – 167 in Isle of Man, 4:171 in Italy, 4:177 – 179 in Jersey, 4:184 – 185 in Latvia, 4:188 – 189 in Lithuania, 4:202 – 205 in Luxembourg, 4:210 in Macedonia, 4:215 – 216 in Malta, 4:221 – 223 in Moldova, 4:230 – 232 in Monaco, 4:237 in The Netherlands, 4:245 – 246 in Norway, 4:252 – 253

© 2011 ABC-Clio. All Rights Reserved.

in Poland, 4:260 – 262 in Portugal, 4:269 – 271 in Romania, 4:279 – 280 in Russia, 4:286 – 288 in San Marino, 4:293 – 295 in Serbia, 4:299 – 302 in Slovak Republic, 4:311 – 312 in Slovenia, 4:317 – 319 in Spain, 4:327 – 328 in Svalbard and Jan Mayen Islands, 4:330 – 331 in Sweden, 4:334 – 337 in Switzerland, 4:347 – 349 in Ukraine, 4:355 – 357 in United Kingdom /England, 4:364 – 366 in Vatican City and the Holy See, 4:400 – 401 Guilt, ﬁnding of, in the Middle East in Iraq, 1:277 – 280 in Israel, 1:290 – 294 in Ivory Coast (Côte d’Ivoire), 1:101 – 104 in Jamaica, 2:208 – 212 in Jordan, 1:299 – 301 in Lebanon, 1:320 – 322 in Lesotho, 1:114 – 115 in Libya, 1:327 – 330 in Madagascar, 1:125 – 126 in Malawi, 1:130 – 131 in Martinique, 2:218 – 219 in Mauritania, 1:138 – 139 in Mauritius, 1:144 in Mexico, 2:226 – 227 in Montserrat, 2:232 – 233 in Mozambique, 1:151 – 152 in Namibia, 1:154 in Navajo Nation, 2:242 – 244 in Netherlands Antilles, 2:250 – 253 in Nicaragua, 2:259 – 262 in Niger, 1:160 – 161 in Oman, 1:338 – 339 in Puerto Rico, 2:286 – 287 in Puntland, 1:203 in Qatar, 1:348 in Republic of Congo, 1:59 – 61 in Réunion, 1:169 – 171 in Rwanda, 1:175 – 176 in Saint Lucia, 2:298 – 299 in Saint Vincent and the Grenadines, 2:302 – 305 in Sao Tome and Principe, 1:181 – 182 in Saudi Arabia, 1:355 – 359 in Senegal, 1:187 – 188 in Seychelles, 1:191 – 192 in Sierra Leone, 1:195 – 196 in Somalia, 1:202 – 203

Index

in Somaliland, 1:203 in South Africa, 1:208 – 210 in Suriname, 2:311 – 312 in Swaziland, 1:215 – 217 in Syria, 1:371 – 373 in Tanzania, 1:222 – 224 in Togo, 1:228 – 229 in Trinidad and Tobago, 2:318 – 319 in Tunisia, 1:376 in Turks and Caicos Islands, 2:326 in Uganda, 1:232 – 233 in United Arab Emirates, 1:380 – 382 in the United States, 2:332 – 335 in United States Virgin Islands, 2:343 – 344 in Uruguay, 2:351 – 352 in Venezuela, 2:357 – 360 in Zambia, 1:240 in Zimbabwe, 1:244 – 245 Guilt, ﬁnding of, in Northern Africa in Algeria, 1:251 – 252 in Egypt, 1:262 – 265 in Ethiopia, 1:78 Guilt, ﬁnding of, in the Paciﬁc in Australia, 3:303 in the Pitcairn Islands, 3:341 – 342 in Polynesia, 3:349 in Tonga, 3:356 – 357 Guinea, 1:91 – 97 crime in, 1:92 – 94 ﬁnding of guilt in, 1:94 – 96 legal system, 1:94 – 95 police in, 1:91 – 92 prisons /punishment for crimes, 1:96 – 97 Guinea-Bissau, 1:97 – 100 crime in, 1:98 – 99 ﬁnding of guilt in, 1:100 police in, 1:99 Gulf Cooperation Council (GCC), 1:339 Gun Court Act (Jamaica), 2:207 Guyana, 2:187 – 194 crime in, 2:189 – 191 extradition law, 2:187, 194 ﬁnding of guilt in, 2:192 – 193 juvenile justice system, 2:192 – 193 legal system in, 2:192 plea bargaining in, 2:192 prisons in, 2:194 punishment for crimes, 2:193 – 194 rights of the accused in, 2:191 – 192 Haiti, 2:194 – 198 crime in, 2:195 – 196 ﬁnding of guilt in, 2:196 – 197 juvenile justice system, 2:197 police in, 2:195

prison system /punishment for crimes, 2:197 – 198 rights of the accused, 2:196 – 197 Health and Human Rights Prison Project (HHRPP), 2:197 High Intensity Drug Traffic Area (HIDTA) program (USVI), 2:342, 343 HIV/AIDS in Antigua and Barbuda, 2:9 in The Bahamas, 2:30 in Barbados, 2:38 in Belarus, 4:29 in Botswana, 1:16 – 17 in Burundi, 1:24 – 25 in Canada, 2:80 in Central African Republic, 1:41 – 42 in Ghana, 1:90 in Guyana, 2:194 in Ireland, 4:163 in Kenya, 1:111 in Lesotho, 1:116 in Malawi, 1:129, 132 in Niger, 1:162 in Portugal, 4:268 in Republic of Congo, 1:62 in Rwanda, 1:177 in Saint Vincent and the Grenadines, 2:306 – 307 in Swaziland, 1:217 in Zambia, 1:241 in Zimbabwe, 1:242 Homicide/murder, in Africa in Angola, 1:4 in Benin, 1:9 in Botswana, 1:12, 13, 15 in Burkina Faso, 1:19 in Burundi, 1:22 – 23 in Chad, 1:44, 46 in Djibouti, 1:65 in DRC, 1:54 in Gambia, 1:83 in Ghana, 1:86 in Lesotho, 1:112 – 113, 114 in Liberia, 1:118 in Madagascar, 1:124 in Mali, 1:134 in Nigeria, 1:164 in Republic of Congo, 1:58 in Sao Tome and Principe, 1:181 in Sierra Leone, 1:194 in South Africa, 1:206 Homicide/murder, in the Americas in Guatemala, 2:177 in Honduras, 2:201 in Jamaica, 2:208 in La Guadeloupe, 2:172, 174 – 175 in Navajo Nation, 2:242

© 2011 ABC-Clio. All Rights Reserved.

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I-11

in Peru, 2:277 in Puerto Rico, 2:286 in Saint Kitts and Nevis, 2:291 in Saint Lucia, 2:298 in Trinidad and Tobago, 2:316 in the United States, 2:329 in United States Virgin Islands, 2:342 in Uruguay, 2:350 Homicide/murder, in Asia in Afghanistan, 3:7 in Armenia, 3:16 in Azerbaijan, 3:22 in Bhutan, 3:41 in Cambodia, 3:61 in Hong Kong, 3:79 in Indonesia, 3:94 in Japan, 3:100 in Macao, 3:133 in Mongolia, 3:161 in North Korea, 3:181 in the Philippines, 3:195 in Singapore, 3:207 in South Korea, 3:212 in Sri Lanka, 3:220 in Taiwan, 3:226 in Thailand, 3:243 in Uzbekistan, 3:281 Homicide/murder, in Europe in the Åland Islands, 4:2 in Andorra, 4:13 in Austria, 4:20 in Belgium, 4:40 in Bosnia and Herzegovina, 4:52 in Bulgaria, 4:60 in Cyprus, 4:72 in Estonia, 4:96 in Faroe Islands, 4:102 in Finland, 4:106 in France, 4:114, 115 in Greece, 4:140 in Hungary, 4:151 in Ireland, 4:163 in Italy, 4:176 – 177 in Latvia, 4:187 in Lithuania, 4:201 in Luxembourg, 4:210 in Macedonia, 4:214 in Malta, 4:220 in Monaco, 4:237 in The Netherlands, 4:244 in Norway, 4:251 in Romania, 4:278 in San Marino, 4:292 in Shetland, 4:306 in Spain, 4:325 in United Kingdom /England, 4:364 in United Kingdom /Wales, 4:391

I-12

|

Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe Homicide /murder, in the Middle East in Israel, 1:286, 289 in Jordan, 1:299 in Palestinian Territories, 1:345 in Saudi Arabia, 1:359 – 360 in Yemen, 1:384 Homicide /murder, in the Paciﬁc in Tonga, 3:356 Honduras, 2:198 – 205 crime in, 2:200 – 202 ﬁnding of guilt in, 2:202 – 203 juvenile justice system, 2:200 legal system, 2:199 – 200 punishment for crimes, 2:203 – 204 rights of the accused, 2:203 Hong Kong, 3:76 – 85 crime in, 3:78 – 80 ﬁnding of guilt in, 3:80 – 82 legal system, 3:77 – 78, 81 – 82 police in, 3:80 – 81 prison system, 3:83 – 84 punishment for crimes, 3:82 – 83 Honor crimes (against women) in Iraq, 1:276 in Jordan, 1:299, 300, 302 in Kuwait, 1:306, 311 in Palestinian territories, 1:343 Hudad punishment, in Comoros, 1:52 Human Rights Basic Law (Taiwan), 3:231 Human Rights Commission (Lebanese Parliament), 1:325 Human Rights Organization of Bhutan (HUROB), 3:46 Human Rights Practice Report (2007), 1:96 Human Rights Watch report (U.S.), 1:25 for Afghanistan, 3:9 for Bangladesh, 3:28 for Bhutan, 3:46 for Cape Verde, 1:32 – 33 for Central African Republic (2007), 1:41 for Comoros, 1:51 for Ethiopia, 1:79 for Guinea, 1:96 – 97 for Kyrgyzstan, 3:118 for Libya, 1:328, 332 for Macedonia, 4:214 for Myanmar, 3:168 for Niger, 1:162 for Palestinian Territories, 1:342

for Panama, 2:268 for Paraguay, 2:273, 275 for Rwanda, 1:177 for Saudi Arabia, 1:355 for Syria, 1:370 for Tunisia, 1:376 for Uganda, 1:231 for Uzbekistan, 3:274 for Vietnam, 3:296 Human Security Law (Philippines), 3:195 Human trafficking, in Africa in Angola, 1:4 in Benin, 1:9 in Botswana, 1:10, 13 in Chad, 1:45 in Equatorial Guinea, 1:68 in Ghana, 1:86 in Guinea, 1:92 – 93, 96 in Guinea-Bissau, 1:98 in Madagascar, 1:124 in Malawi, 1:129 in Mozambique, 1:150 – 151 in Namibia, 1:153 in Niger, 1:159 in Swaziland, 1:214 – 215 in Tanzania, 1:221 in Togo, 1:228 in Zambia, 1:240 Human trafficking, in the Americas in Aruba, 2:19 in The Bahamas, 2:26 in Belize, 2:44 – 45 in Chile, 2:94 – 95 in Colombia, 2:105 in El Salvador, 2:153 – 154 in Guyana, 2:190 in Honduras, 2:202 in Panama, 2:267 in Suriname, 2:311 in Uruguay, 2:351 Human trafficking, in Asia in Afghanistan, 3:9 in Azerbaijan, 3:22 in Bangladesh, 3:28, 29 – 30 in Bhutan, 3:41 in Kazakhstan, 3:112 in Kyrgyzstan, 3:121 in Laos, 3:127 in Maldives, 3:154 in the Philippines, 3:195 in Uzbekistan, 3:282 Human trafficking, in Europe in Belarus, 4:29 – 30 in Croatia, 4:67 – 68 in Greece, 4:140 in Latvia, 4:187 in Romania, 4:278

© 2011 ABC-Clio. All Rights Reserved.

in San Marino, 4:292 in Serbia, 4:298 – 299 in Ukraine, 4:355 Human trafficking, in the Middle East in Israel, 1:287 in Kuwait, 1:306 – 307 in Saudi Arabia, 1:354 in United Arab Emirates, 1:380 Human trafficking, in Northern Africa in Algeria, 1:250 in Ethiopia, 1:77 in Libya, 1:330 in Somalia, 1:201 – 202 Hungary, 4:148 – 156 crime in, 4:151 – 153 ﬁnding of guilt in, 4:153 – 154 juvenile justice system in, 4:154 legal system in, 4:148 – 150 police in, 4:150 – 151 prison system, 4:155 – 156 rights of the accused in, 4:153 – 154 Iceland, 4:156 – 160 crime in, 4:158 ﬁnding of guilt in, 4:158 – 159 legal system in, 4:157 police in, 4:157 prison system, 4:159 – 160 punishment for crimes, 4:159 rights of the accused, 4:158 Immoral Traffic (Prevention) Act (India, 1956), 3:88 Improvised explosive devices (IEDs) in Djibouti, 1:63 in Somaliland, 1:199 Incest in Algeria, 1:253 in the Bahamas, 2:25, 27, 29 in Bhutan, 3:41 in Burundi, 1:24 in Dominica, 2:127 in Dominican Republic, 2:134, 135 in Gambia, 1:85 in Grenada, 2:166 in Guyana, 2:189, 193, 2:193 in Israel, 1:296 – 297 in Moldova, 4:227 in Namibia, 1:153 in New Zealand, 3:331 in Palestinian Territories, 1:343 in Puerto Rico, 2:289 in Saint Kitts and Nevis, 2:291, 294 in Serbia, 4:303 in Sierra Leone, 1:194 in Swaziland, 1:214 in Tanzania, 1:221 in Trinidad and Tobago, 2:316, 317

Index

in United Kingdom /Scotland, 4:383 in Vietnam, 3:289 Indecent Representation of Women Act (India, 1986), 3:88 Independent Human Rights Commission (Afghanistan), 3:4 India, 3:86 – 92 crime in, 3:87 – 889 ﬁnding of guilt in, 3:89 – 90 juvenile justice in, 3:88 legal system, 3:86 – 87 prison system, 3:90 – 91 punishment for crimes, 3:90 rights of the accused, 3:89 – 90 Indonesia, 3:92 – 98 crime in, 3:93 – 95 ﬁnding of guilt in, 3:95 – 96 juvenile justice in, 3:94 legal system, 3:92 – 93 police in, 3:93 prison system, 3:97 – 98 punishment for crimes, 3:96 – 97 Infanticide in Anguilla, 2:4 in Benin, 1:9 in Burundi, 1:23 in Congo-Brazzaville, 1:58 in Croatia, 4:69 in Dominica, 2:127 in Dominican Republic, 2:134 in Finland, 4:106 in Ghana, 1:86 in Guatemala, 2:177 in Guyana, 2:189 in Indonesia, 3:96 in Ireland, 4:163 in Lebanon, 1:323 in Nicaragua, 2:257 in the Philippines, 3:195 in Republic of Congo, 1:58 in Seychelles, 1:190 Inmate Drug Rehabilitation and Counseling Program (Barbados), 2:39–40 Integrated Regional Information Networks (UN), 1:61 – 62 Inter-American Convention on Serving Criminal Sentences Abroad (1993), 2:365 – 366 Inter-American Court of Human Rights (IACRH), 2:187 Inter-American Development Bank survey, 2:268 Inter-American Drug Abuse Control Commission, 2:202 Interim Criminal Code for Courts (2004, Afghanistan), 3:4 Internal Security Act (ISA, Singapore), 3:204

Internal Security Act of 2002 (Swaziland), 1:217 International Bar Association (IBA) on Angolan justice system, 1:5 on ICC efforts in Sudan, 1:367 International Centre for Prison Studies (ICPS) Afghanistan data, 3:12 Algeria data, 1:254 Anguilla data, 2:5 Burkina Faso data, 1:21 Central African Republic data, 1:41 Chad data, 1:49 Haiti data, 2:198 Kazakhstan data, 3:115, 117 Madagascar data, 1:127 Morocco data, 1:335 Netherlands Antilles data, 2:254 Niger data, 1:161 – 162 Paraguay data, 2:274 Republic of Congo data, 1:61 Russia data, 4:289 Saint Kitts and Nevis data, 2:296 Slovak Republic data, 4:313 Tunisia data, 1:376 Vietnam data, 3:296 International Commission on Combating Trafficking in Persons, 3:235 International Committee for Human Rights (Taiwan), 3:231 International Committee of the Red Cross (ICRC) Bhutan data, 3:46 Kyrgyzstan data, 3:124 Macedonia data, 4:253 Malta data, 4:217 Mexico data, 2:229 Mongolia data, 3:164 Syria data, 1:373 Tajikistan data, 3:238 Timor-Leste data, 3:260 Turkmenistan data, 3:274 Uzbekistan data, 3:274 International Convention on Children’s Rights (1990, Venezuela), 2:360 International Convention on the Elimination of All Forms of Racial Discrimination, 2:55 International Convention on the Prevention and Punishment for the Crime of Genocide, 1:182 International Court of Justice (ICJ), 1:53, 3:173 International Covenant on Civil and Political Rights, 2:16 International Covenant on Civil and Political Rights (Hong Kong), 3:78

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I-13

International Crime Victim Survey (ICVS) Australia data, 3:302 Malawi data, 1:129 – 130 Paraguay data, 2:271 – 272 Poland data, 4:260 Sweden data, 4:334 Switzerland data, 4:346 International Criminal Court (ICC) Bolivia investigations, 2:55 Burundi investigations, 1:25 Chile investigations, 2:89 Honduras investigations, 2:199 Iceland investigations, 4:157 Lebanon investigations, 1:322 Liechtenstein investigations, 4:192 Sudan investigations, 1:366 – 377 Ugandan investigations, 1:231 Yemen investigations, 1:386 International Criminal Tribunal for Rwanda (ICTR), 1:176 – 177 International Criminal Tribunal for the former Yugoslavia (ICTY), 1:174, 4:50 – 51 International Federation for Human Rights (FIDH), 1:16 International Narcotics Control Strategy Report (U.S. State Department, 2008), 2:301 – 302 International Organization for Migration (IOM), 1:214, 3:235 International Religious Freedom Report (Bureau of Democracy), 3:272 International Rescue Committee (IRC), 1:59 International Review of Victimology, 1:384 – 385 International Self-Reported Delinquency Survey (Switzerland), 4:345 – 346 International Violence Against Women Survey (IVAWS), 4:346 INTERPOL (International Criminal Police Organization) crime data for Algeria, 1:251 for Armenia, 3:14 – 15 for Bahrain, 1:257 for Benin, 1:10 for Bhutan, 3:43 for Botswana, 1:12 for Burkina Faso, 1:19 for Cameroon, 1:30 for Central African Republic, 1:37 for Chad, 1:46 for Comoros, 1:52 for Ethiopia, 1:77 for Gabon, 1:80

I-14

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe for Georgia, 3:72 for Ghana, 1:89 for Iceland, 4:157 for Kuwait, 1:308 for La Guadeloupe, 2:172 for Macao, 3:135 for Maldives, 3:154 for Mali, 1:134 for Mauritania, 1:138 for Monaco, 4:235, 237 for Namibia, 1:154 for Niger, 1:159 for Oman, 1:337 for Russia, 4:284 for Saudi Arabia, 1:355 for Tanzania, 1:222 Tonga data, 3:354 for Turkmenistan, 3:270 for Turks and Caicos Islands, 2:325 for Yemen, 1:385 Iran, 1:266 – 272 crime /punishment for crimes, 1:267 – 271 juvenile justice system, 1:271 legal system, 1:267 – 268 prison system, 1:271 Iraq, 1:272 – 283 crime in, 1:275 – 277 Criminal Proceedings (1971), 1:278 – 279 ﬁnding of guilt in, 1:277 – 280 invasion by coalition forces, 1:272 – 273 juvenile justice system, 1:280 Penal Code (1961), 1:280 – 281 Penal Code (1969), 1:275 police in, 1:273 – 274 prison system, 1:282 – 283 punishment for crimes, 1:280 – 283 Iraq Index of the Brookings Institution, 1:273 Ireland, 4:160 – 170 crime in, 4:162 – 164 ﬁnding of guilt in, 4:165 – 167 juvenile justice system, 4:167 legal system in, 4:161 – 162 police in, 4:164 – 165 prison system, 4:169 – 170 punishment for crimes, 4:167 – 169 Islamic sharia law in Afghanistan, 3:1, 6 – 8, 11 in Bahrain, 1:257 in Brunei Darussalam, 3:51 – 52

in Chad, 1:47 in Comoros, 1:51 in Djibouti, 1:63, 64 in Egypt, 1:259, 261 in Eritrea, 1:71 in Ethiopia, 1:75 – 76 in Gambia, 1:81 – 82, 84 in Iran, 1:267 – 268 in Jordan, 1:298, 301 in Libya, 1:326, 331 in Malaysia, 3:142, 148 – 149 in Maldives, 3:154, 156 – 157 in Mauritania, 1:136 – 137, 1:136 – 139 in Mayotte, 1:148 – 149 in Nigeria, 1:163, 165 in Oman, 1:337, 338 in Pakistan, 3:187 – 188 in Palestinian Territories, 1:345 in Qatar, 1:347 in Saudi Arabia, 1:349 – 350, 352, 359 in Somalia, 1:199 – 200, 202 – 204 in Sudan, 1:362 in Syria, 1:369, 371 in Tunisia, 1:375 See also Muslim Personal Law (Shariat) Application Act; Quisas punishment; Ta’azir punishment Isle of Man, 4:170 – 172 crime in, 4:171 ﬁnding of guilt in, 4:171 police in, 4:170 – 171 punishment for crimes, 4:172 Israel, 1:283 – 297 crime in, 1:285 – 290 ﬁnding of guilt in, 1:290 – 294 juvenile justice system, 1:293 legal system, 1:284, 291 – 293 plea bargaining in, 1:292 police in, 1:284 – 285 prison system, 1:295 – 297 punishment for crimes, 1:294 – 297 Italian National Institute for Statistics (ISTAT), 4:176 – 177 Italy, 4:172 – 183 crime in, 4:174 – 177 ﬁnding of guilt in, 4:177 – 179 juvenile justice system, 4:179 – 180 legal system, 4:173 – 174 police in, 4:174 prison system in, 4:182 – 183 punishment for crimes, 4:180 – 181 rights of the accused, 4:177 Ivory Coast (Côte d’Ivoire), 1:100 – 105 crime in, 1:101 ﬁnding of guilt in, 1:101 – 104 legal system, 1:102 – 104, 102 (photo) prison system, 1:105 punishment for crimes, 1:104 – 105

© 2011 ABC-Clio. All Rights Reserved.

Jamaica, 2:205 – 215 crime in, 2:207 – 208 ﬁnding of guilt in, 2:208 – 212 juvenile justice system, 2:211, 214 legal system, 2:206 police in, 2:207 prison in, 2:214 – 215 punishment for crimes, 2:212 – 214 rights of the accused, 2:208 Jan Mayen Islands. See Svalbard and Jan Mayen Islands Japan, 3:98 – 110 crime in, 3:99 – 102 ﬁnding of guilt in, 3:102 – 106 juvenile justice system, 3:105 – 106, 3:109 legal system, 3:99 police in, 3:102 prison system, 3:108 – 109 punishment for crimes, 3:106 – 108 rights of the accused, 3:102 – 103 Jersey, 4:183 – 185 crime in, 4:184 ﬁnding of guilt in, 4:184 – 185 police in, 4:183 – 184 punishment for crimes, 4:185 Jordan, 1:297 – 303 crime in, 1:299 extradition law, 1:297 ﬁnding of guilt in, 1:299 – 301 legal system in, 1:298 – 299 police in, 1:298 – 299 prisons /punishment for crimes, 1:301 – 303 Judiciary system. See Legal system Juvenile justice system, in Africa in Botswana, 1:14, 15 in Central African Republic, 1:37 in Chad, 1:48 in Eritrea, 1:74 in Lesotho, 1:115 in Liberia, 1:121 in Madagascar, 1:126 in Malawi, 1:132, 133 in Réunion, 1:168, 170 in Sao Tome and Principe, 1:182 in Seychelles, 1:192 in Tanzania, 1:224 in Uganda, 1:233 in Zambia, 1:241 Juvenile justice system, in the Americas in Anguilla, 2:3 in Argentina, 2:16 in Aruba, 2:21 in Belize, 2:43 in Bolivia, 2:59 in Chile, 2:91 – 92 in Costa Rica, 2:115

Index

in Dominican Republic, 2:138 in Ecuador, 2:147 in El Salvador, 2:155 – 156 in Guatemala, 2:187 in Guyana, 2:192 – 193 in Honduras, 2:200 in Jamaica, 2:211, 214 in Mexico, 2:223 – 224, 229 in Montserrat, 2:234 in Navajo Nation, 2:244 – 245 in Netherlands Antilles, 2:253 – 254 in Nicaragua, 2:263 in Peru, 2:278 in Puerto Rico, 2:287 in Saint Kitts and Nevis, 2:293 – 294 in Suriname, 2:312 in Trinidad and Tobago, 2:319 in the United States, 2:335 – 337 in United States Virgin Islands, 2:345 in Uruguay, 2:352 in Venezuela, 2:360 – 361 Juvenile justice system, in Asia in Afghanistan, 3:11 in Bangladesh, 3:34 in Bhutan, 3:44 in Brunei Darussalam, 3:50 – 51 in Cambodia, 3:60 in China, 3:69 in Georgia, 3:73 in India, 3:88 in Indonesia, 3:94 in Japan, 3:105 – 106, 3:109 in Kazakhstan, 3:111, 116 in Macao, 3:140 – 141 in Malaysia, 3:144 in Maldives, 3:154 in Mongolia, 3:160 in Nepal, 3:177 in Pakistan, 3:190 in the Philippines, 3:199 in Singapore, 3:207 in South Korea, 3:217 in Sri Lanka, 3:221 in Taiwan, 3:227 in Thailand, 3:241 in Turkey, 3:266 in Uzbekistan, 3:279, 284 – 285 in Vietnam, 3:295 Juvenile justice system, in Europe in Albania, 4:9 in Austria, 4:18 – 19, 24 in Belarus, 4:32 – 33 in Belgium, 4:43 in Bosnia and Herzegovina, 4:51, 54 in Bulgaria, 4:62 – 63 in Czech Republic, 4:81 in Denmark, 4:88 – 90 in Finland, 4:110 – 111

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I-15

in France, 4:118 – 119 in Germany, 4:130 – 131 in Hungary, 4:154 in Ireland, 4:167 in Italy, 4:179 – 180 in Latvia, 4:191 in Liechtenstein, 4:195 in Lithuania, 4:203 – 204 in Moldova, 4:227 – 228 in Norway, 4:253 – 254 in Poland, 4:259 in Portugal, 4:267 – 268 in Romania, 4:277 in Russia, 4:288 in Serbia, 4:302 – 303 in Slovak Republic, 4:312 in Slovenia, 4:319 in Spain, 4:325 – 326 in Sweden, 4:337 – 338 in Switzerland, 4:345 – 346, 349 – 350 in Ukraine, 4:356 – 357 in United Kingdom /Northern Ireland, 4:375 – 376 in United Kingdom /Scotland, 4:385 in United Kingdom /Wales, 4:396 Juvenile justice system, in the Middle East in Iran, 1:271 in Iraq, 1:280 in Israel, 1:293 in Palestinian Territories, 1:343 in Saudi Arabia, 1:358 – 359 Juvenile justice system, in the Paciﬁc in New Zealand, 3:333 – 335 Juvenile Offenders Act (JOA, Mauritius), 1:144 Juvenile Penal Justice Law (1996, Costa Rica), 2:110, 111, 115

in Armenia, 3:15 in Burkina Faso, 1:19 – 20 in Central African Republic, 1:38 in Chad, 1:45, 46 in DRC, 1:54 in Ghana, 1:86 in Grenada, 2:168 in India, 3:89 in Iraq, 1:276 in Ireland, 4:163 in Kazakhstan, 3:111 in Macao, 3:133 in Mexico, 2:224 in Moldova, 4:227 in the Philippines, 3:195 in Republic of Congo, 1:58 in San Marino, 4:292 in Somalia, 1:200 in Trinidad and Tobago, 2:316 in Vatican City and the Holy See, 4:401 in Yemen, 1:385 in Zimbabwe, 1:243 Korea Correctional Services (KCS), 3:216 – 217 Kuwait, 1:303 – 312 crime in, 1:306 – 309 ﬁnding of guilt in, 1:309 – 310 legal system, 1:304 police in, 1:304 – 306 prison system, 1:311 – 312 punishment for crimes, 1:310 – 312 Kyrgyzstan, 3:118 – 125 crime in, 3:121 – 122 ﬁnding of guilt in, 3:122 – 123 legal system, 3:118 – 119 police in, 3:119 – 121 punishment for crimes, 3:123 – 124

Kazakhstan, 3:110 – 117 crime in, 3:111 – 112 ﬁnding of guilt in, 3:112 – 115 juvenile justice system, 3:111, 116 police in, 3:110 – 111 prison system, 3:117 punishment for crime, 3:115 – 117 rights of the accused, 3:112 – 113 Kenya, 1:106 – 111 crime in, 1:106 – 108, 107 (photo) legal system, 1:109 – 110 police in, 1:108 – 109 punishment for crimes, 1:110 – 111 Kgotla (customary court) in Botswana, 1:14 Kidnapping in Afghanistan, 3:9 in Andorra, 4:14 in Angola, 1:4

Laos (Lao People’s Democratic Republic), 3:125 – 132 crime in, 3:126 – 127 ﬁnding of guilt in, 3:127 – 130 legal system, 3:125 – 126 prison system, 3:131 – 132 punishment in, 3:130 – 131 rights of the accused, 3:127 – 128 Latvia, 4:185 – 191 crime in, 4:187 – 188 ﬁnding of guilt in, 4:188 – 189 human rights in, 4:187 juvenile justice system, 4:191 legal system in, 4:185 – 186 police in, 4:186 – 187 prison system in, 4:190 punishment for crimes, 4:189 – 190 Law against Domestic and Family Violence (Bolivia), 2:59

© 2011 ABC-Clio. All Rights Reserved.

I-16

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe Law Enforcement Planning Commission (LEPC, USVI), 2:342 Law for Transferring Prisoners to Their Countries of Origin (1996, Israel), 1:297 Law of Due Obedience (Argentina), 2:11 Law of International Cooperation in Criminal Matters, 2:18 Law of Rehabilitation of Offenders (Honduras), 2:203 Law of the Child and Family (1998), 2:259 Law of the Public Defender (1995, Israel), 1:290 – 291 Law of the Struggle against Crime Organizations (2003, Israel), 1:288 Law on Advocacy (2002, Mongolia), 3:162 Law on Advocates (1999, 2004, Azerbaijan), 3:21 Law on Aggression against Women (1996, Nicaragua), 2:259 Law on the Fight against Corruption and Protectionism (1996, Moldova), 4:228 – 229 Law on Judges and Prosecutors (Turkey), 3:266 Law on Legal Assistance (Albania), 4:8 Law on Money Laundering from Illicit Drug Trafficking and other Crimes and Punishable Offenses, 2:195 – 196 Law on Organization and Jurisdiction of Courts (2005, Afghanistan), 3:4 – 5, 6 Law on Social-Legal Protection from Domestic Violence (2003, Kyrgyzstan), 3:121 Law to Prevent and Punish Domestic Violence (Nicaragua), 2:259 Laws on the Fight against Human Trafﬁcking, 3:235 League of Women Lawyers (NGO), 3:236 Lebanon, 1:312 – 326 crime in, 1:317 – 320 ﬁnding of guilt in, 1:320 – 322 legal system in, 1:315 – 317 police in, 1:314 – 315 prison system, 1:324 – 326 punishment for crimes, 1:322 – 326

Legal Resources Foundation (NGO), 1:244 Legal system, in Africa in Angola, 1:1 – 2, 4 in Benin, 1:7 – 10 in Burkina Faso, 1:19 in Burundi, 1:26 – 27 in Cameroon, 1:28, 30 in Cape Verde, 1:34 in Central African Republic, 1:38 – 39 in Chad, 1:47 in Comoros, 1:52 in Djibouti, 1:63 – 64 in DRC, 1:53, 54 (photo) in Equatorial Guinea, 1:67, 68 – 69 in Eritrea, 1:71 – 72 in Gabon, 1:79 – 80 in Gambia, 1:81 – 82 in Ghana, 1:88 in Guinea, 1:94 – 95 in Ivory Coast (Côte d’Ivoire), 1:102 – 104 in Kenya, 1:109 – 110 in Lesotho, 1:112, 113 in Liberia, 1:120 – 121 in Madagascar, 1:125 – 126 in Malawi, 1:130 – 131 in Mali, 1:134 in Mauritania, 1:136 – 137 in Mauritius, 1:140 – 141 in Mayotte, 1:146 – 147 in Mozambique, 1:151 – 152 in Namibia, 1:153 in Niger, 1:156 – 157, 160 in Nigeria, 1:162 – 163, 164 – 166 in Republic of Congo, 1:57 in Réunion, 1:167, 170 in Rwanda, 1:175, 176 in Saint Helena, 1:179 in Sao Tome and Principe, 1:180 in Senegal, 1:183 in Seychelles, 1:191 in Sierra Leone, 1:195 – 196 in South Africa, 1:208 – 209 in Swaziland, 1:211 – 213 in Tanzania, 1:222 – 224 in Togo, 1:226 – 227 in Tunisia, 1:374 – 375 in Uganda, 1:230, 235 in Yemen, 1:385 – 386 in Zambia, 1:235, 1:237, 240 in Zimbabwe, 1:242 – 243 See also Islamic sharia law Legal system, in the Americas in Anguilla, 2:1 – 2 in Antigua and Barbuda, 2:5 – 6 in Argentina, 2:11 – 12 in Aruba, 2:20 – 21

© 2011 ABC-Clio. All Rights Reserved.

in The Bahamas, 2:22 – 23 in Barbados, 2:32 in Bermuda, 2:50 in Brazil, 2:63 – 64 in British Virgin Islands, 2:70 in Canada, 2:75 – 76 in Cayman Islands, 2:86 in Chile, 2:89 – 91 in Colombia, 2:98 – 99 in Costa Rica, 2:110 – 111 in Dominican Republic, 2:137 – 138 in Ecuador, 2:142 – 143 in El Salvador, 2:150 – 151 in Falkland Islands, 2:157 – 158 in Greenland, 2:160 in Grenada, 2:163 – 164 in Guyana, 2:192 in Honduras, 2:199 – 200 in Jamaica, 2:206 in Martinique, 2:216, 219 in Mexico, 2:222 – 223 in Montserrat, 2:233 – 234 in Navajo Nation, 2:238–240, 244–245 in Nicaragua, 2:256 – 257 in Puerto Rico, 2:283 – 285 in Trinidad and Tobago, 2:314 – 316 in Turks and Caicos Islands, 2:323–324 in the United States, 2:327 – 328, 334 – 335 in United States Virgin Islands, 2:339 – 341 in Uruguay, 2:348 – 349 in Venezuela, 2:354 – 355 Legal system, in Asia in Afghanistan, 3:2 – 4 in Armenia, 3:13 – 15 in Azerbaijan, 3:20 – 21 in Bangladesh, 3:25 – 26 in Bhutan, 3:39 – 40 in Cambodia, 3:54 in China, 3:68 in Hong Kong, 3:77 – 78, 81 – 82 in India, 3:86 – 87 in Indonesia, 3:92 – 93 in Japan, 3:99 in Laos, 3:125 – 126 in Macao, 3:133 in Malaysia, 3:141 – 142 in Maldives, 3:152 – 153 in Nepal, 3:171 – 174 in North Korea, 3:182 – 184 in Pakistan, 3:187 – 188 in Singapore, 3:202 – 203 in South Korea, 3:209 – 210 in Sri Lanka, 3:218 in Taiwan, 3:222 – 223 in Tajikistan, 3:233 – 234 in Turkey, 3:262

Index

in Turkmenistan, 3:269 in Vietnam, 3:286 – 287 Legal system, in Europe in the Åland Islands, 4:1 in Albania, 4:4 – 6 in Austria, 4:17 – 18 in Belgium, 4:39 – 40 in Bulgaria, 4:58 – 59 in Cyprus, 4:71 in Czech Republic, 4:76 in Estonia, 4:94 in Faroe Islands, 4:101 in Finland, 4:103 – 1104 in France, 4:114 in Germany, 4:127 – 128 in Gibraltar, 4:132 – 133 in Greece, 4:138 – 139 in Guernsey, 4:145 – 146 in Hungary, 4:148 – 150 in Iceland, 4:157 in Ireland, 4:161 – 162 in Italy, 4:173 – 174 in Latvia, 4:185 – 186 in Lithuania, 4:197 – 198 in Luxembourg, 4:208 in Macedonia, 4:212 – 213 in Malta, 4:218 in Moldova, 4:226 in The Netherlands, 4:241 in Norway, 4:249 – 250 in Poland, 4:257 – 258 in Portugal, 4:265 – 266 in Romania, 4:274 – 275 in Russia, 4:284 – 285 in San Marino, 4:293 – 294 in Shetland, 4:305 in Slovak Republic, 4:308 – 309 in Spain, 4:323 in Svalbard and Jan Mayen Islands, 4:329 – 330 in Switzerland, 4:343 – 344 in Ukraine, 4:352 – 353 in United Kingdom /England, 4:361 – 362 in United Kingdom /Northern Ireland, 4:371 – 372 in United Kingdom /Scotland, 4:383 in United Kingdom /Wales, 4:389 – 391 in Vatican City and the Holy See, 4:399 – 400 Legal system, in the Middle East in Bahrain, 1:257 – 258 in Iraq, 1:273, 278 – 279 in Israel, 1:284 in Jordan, 1:298 – 299 in Kuwait, 1:304, 305 in Lebanon, 1:315 – 317

in Oman, 1:337, 338 – 339 in Palestinian Territories, 1:341 – 342, 344 – 345 in Qatar, 1:347 – 348 in Saudi Arabia, 1:359 in Sudan, 1:361 – 364 in Syria, 1:370 in United Arab Emirates, 1:378 – 381 in Yemen, 1:385 – 386 Legal system, in Northern Africa in Algeria, 1:249, 251 – 252 in Egypt, 1:260, 263 in Ethiopia, 1:75, 76 in Libya, 1:326 – 330, 331 in Morocco, 1:334 Legal system, in the Paciﬁc in Australia, 3:303 in Commonwealth of the Northern Mariana Islands, 3:318 in Federated States of Micronesia, 3:321 – 322 in Guam, 3:319 – 320 in Melanesia, 3:308 – 310 in New Zealand, 3:334 – 335 in Norfolk Island, 3:338 – 339 in the Pitcairn Islands, 3:339 – 340 in Polynesia, 3:346 – 348 in Republic of Belau (Palau), 3:316 – 317 in Republic of Kiribati, 3:325 in Republic of the Marshall Islands, 3:323 – 324 in Republic of Nauru, 3:326 in Tonga, 3:351 – 353 Lesotho, 1:111 – 117 crime in, 1:112 – 114 ﬁnding of guilt in, 1:114 – 115 juvenile justice system, 1:115 legal system, 1:112, 113 prison system, 116 – 117 punishment for crimes, 115 – 117 Liberia, 1:118 – 122 crime in, 1:118 juvenile justice system, 1:121 legal system, 1:120 – 121 police in, 1:118 – 120 punishment for crimes, 1:121 Libya, 1:326 – 333 crime in, 1:330 – 331 ﬁnding of guilt in, 1:327 – 330 legal system, 1:326 – 330, 331 police in, 1:327 prison system, 1:332 punishment for crimes, 1:331 – 332 Liechtenstein, 4:191 – 197 crime in, 4:195 juvenile justice system, 4:195 legal system, 4:191 – 193

© 2011 ABC-Clio. All Rights Reserved.

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I-17

police in, 4:193 – 194 prison system, 4:194 – 195 punishment for crimes, 4:195 – 196 Life Free of Violence Campaign (Saint Kitts and Nevis), 2:294 Lithuania, 4:197 – 207 crime in, 4:199 – 202 ﬁnding of guilt in, 4:202 – 205 juvenile justice system, 4:203 – 204 legal system, 4:197 – 198 police in, 4:198 – 199 prison system, 4:206 – 207 punishment for crimes, 4:205 – 206 rights of the accused, 4:203 – 204 Luxembourg, 4:207 – 211 crime in, 4:208 – 210 ﬁnding of guilt in, 4:210 legal system, 4:208 police in, 4:208 prison system, 4:211 punishment for crimes, 4:210 Macao, 3:132 – 141 crime in, 3:133 – 134 ﬁnding of guilt in, 3:136 – 138 juvenile justice system, 3:140 – 141 legal system, 3:133 police in, 3:134 – 136 prison system, 3:139 – 140 punishment for crimes, 3:138 – 139 Macedonia, Former Yugoslav Republic of (FYRM), 4:211 – 217 crime in, 4:214 ﬁnding of guilt in, 4:215 – 216 legal system, 4:212 – 213 police in, 4:213 punishment for crimes, 4:217 Macedonian Helsinki Committee for Human Rights (MHC), 4:216 Madagascar, 1:122 – 128 crime in, 1:124 – 125 ﬁnding of guilt in, 1:125 – 126 juvenile justice system, 1:126 legal system, 1:125 – 126 police in, 1:122 – 124 prison system, 1:127 – 128 punishment for crimes, 1:126 – 128 Malawi, 1:128 – 133 corruption in, 1:129 crime in, 1:128 – 130 extradition law, 1:129 ﬁnding of guilt in, 1:130 – 131 ICVS data, 1:129 – 130 juvenile justice system, 1:132, 133 legal system, 1:130 – 131 police in, 1:130 punishment for crimes, 1:131 – 132

I-18

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe Malaysia, 3:141 – 151 crime in, 3:146 – 147 ﬁnding of guilt in, 3:146 juvenile justice system, 3:144 legal system, 3:141 – 142 police in, 3:142 prison system, 3:150 – 151 punishment for crimes, 3:147 – 148, 3:147 – 149 Maldives, 3:151 – 158 crime in, 3:153 – 155 ﬁnding of guilt in, 3:155 – 156 juvenile justice system, 3:154 legal system, 3:152 – 153, 155 prison system, 3:157 – 158 punishment for crimes, 3:156 – 157 Mali, 1:133 – 136 crime/police in, 1:133 – 134 legal system, 1:134 punishment for crimes, 1:134 – 135 Malta, 4:217 – 225 crime in, 4:218 – 221 ﬁnding of guilt in, 4:221 – 223 legal system, 4:218 police in, 4:218 prison system, 4:225 punishment for crimes, 4:223 – 225 Martinique, 2:216 – 221 crime in, 2:217 – 218 extradition law, 2:221 ﬁnding of guilt in, 2:218 – 219 legal system, 2:216, 219 plea bargaining in, 2:218 police in, 2:216 – 217 prison in, 2:220 – 221 punishment for crimes, 2:219 – 221 Mauritania, 1:136 – 140 crime in, 1:138 ﬁnding of guilt in, 1:138 – 139 Islamic sharia law in, 1:136 – 137 plea bargaining in, 1:137 police in, 1:137 (photo) prison system, 1:139 – 140 punishment for crimes, 1:139 – 140 Mauritius, 1:140 – 146 crime in, 1:142 – 144 ﬁnding of guilt in, 1:144 legal system of, 1:140 – 141 police in, 1:141 – 142 prison system, 1:145 – 146 punishment for crimes, 1:144 – 146

Mayotte, 1:146 – 149 crime in, 1:147 – 148 legal system, 1:146 – 147 plea bargaining in, 1:148 police in, 1:146 – 147, 148 (photo) punishment for crimes, 1:148 – 149 Melanesia, 3:305 – 315 crime in, 3:310 – 313 legal systems in, 3:308 – 310 police in, 3:313 – 314 punishment for crimes, 3:314 – 315 Mexico, 2:221 – 230 crime in, 2:224 – 226 extradition law, 2:229 ﬁnding of guilt in, 2:226 – 227 juvenile justice system, 2:223 – 224, 229 legal system, 2:222 – 223 plea bargaining in, 2:227 police in, 2:223 – 224 prison in, 2:228 – 229 punishment for crimes, 2:227 – 229 Micronesia, 3:315–327 crime in, 3:317, 319, 320, 322, 324, 325, 327 legal system, 3:316 – 317, 318, 319 – 320, 321 – 322, 323 – 324, 325, 326 police in, 3:317, 318, 320, 322, 324, 325, 327 punishment in, 3:317 – 318, 319, 320 – 321, 322 – 323, 324 – 325, 326, 327 rights of the accused, 3:317, 319, 320, 322, 324, 326, 327 See also Commonwealth of the Northern Mariana Islands; Federated States of Micronesia; Republic of Belau; Republic of Kiribati; Republic of Nauru; Republic of the Marshall Islands MINURCAT ( United Nations Mission in the Central African Republic and Chad European Union Force), 1:45 Misuse of Drugs Act (Bermuda), 2:48 Misuse of Drugs Act (Brunei Darussalam), 3:49 Misuse of Drugs Act (Singapore), 3:203, 205 Misuse of Drugs Law (Cayman Islands), 2:83 Model Criminal Law of the Soviet Union and Soviet Republics, 4:29 Moldova, 4:226 – 235 crime in, 4:226 – 230 ﬁnding of guilt in, 4:230 – 232

© 2011 ABC-Clio. All Rights Reserved.

juvenile justice system, 4:231 – 232 legal system, 4:226 prison system, 4:233 – 235 punishment for crimes, 4:232 – 233 rights of the accused, 4:230 Monaco, 4:235 – 238 crime in, 4:236 – 237 ﬁnding of guilt in, 4:237 police in, 4:235 – 236 punishment/prison system in, 4:237 Money laundering in Anguilla, 2:2 – 3 in Antigua and Barbuda, 2:7 in The Bahamas, 2:26 in Bahrain, 1:256, 258 in Botswana, 1:12, 16 in Bulgaria, 4:61 in Colombia, 2:105 in Comoros, 1:51 in Ethiopia, 1:78 in Ghana, 1:89 in Haiti, 2:195 – 196 in Israel, 1:288 in Laos, 3:126 in Lebanon, 1:318 in Malta, 4:218 – 220 in Mauritania, 1:138 in Monaco, 4:236 in Mozambique, 1:150 – 151 in Nigeria, 1:164 in Oman, 1:337 in Republic of Congo, 1:55 in Saint Vincent and the Grenadines, 2:301 – 302 in San Marino, 4:292 – 293 in Saudi Arabia, 1:351 in Seychelles, 1:190 in South Africa, 1:207 in Turks and Caicos Islands, 2:324 – 325 in United Arab Emirates, 1:380, 382 Mongolia, 3:158 – 166 crime in, 3:159 – 161 ﬁnding of guilt in, 3:161 – 163 juvenile justice system, 3:160 legal system, 3:158 – 159 police in, 3:159 prison system, 3:164 – 165 punishment for crimes, 3:163 Montenegro, 4:238 – 240 crime in, 4:239 human rights in, 4:239 police in, 4:238 punishment for crimes, 4:239 – 240 Montserrat, 2:230 – 238 crime in, 2:232 ﬁnding of guilt in, 2:232 – 233

Index

juvenile justice system, 2:234 legal system, 2:233 – 234 prison system, 2:237 – 238 punishment for crimes, 2:235 – 237 rights of the individual, 2:234 – 235 MONUC UN peacekeeping force, 1:55 Morocco, 1:333 – 336 legal system in, 1:334 police in, 1:333 – 334 punishment for crimes, 1:334 – 335 Mortality Database reports, 3:271 Mozambique, 1:149 – 152 crime in, 1:150 – 151 ﬁnding of guilt in, 1:151 – 152 punishment for crimes, 1:152 rights of the accused, 1:151 Multi-Donor Trust Fund (MDTF, Sudan), 1:368 Municipal police services (MSPs), in South Africa, 1:206 – 207 Murder. See Homicide/murder Muslim Brotherhood (Sudan), 1:363 Muslim Personal Law (Shariat) Application Act (1937), 3:26 Mutual Legal Assistance Treaty (1986), 2:84, 2:166 Myanmar (Burma), 3:166 – 171 crime in, 3:168 – 169 ﬁnding of guilt in, 3:169 – 170 police in, 3:168 punishment for crimes, 3:170 – 171 Namibia, 1:152 – 156 crime in, 1:153 ﬁnding of guilt in, 1:154 police in, 1:153 – 154 prisons /punishment for crimes, 1:154 Narcotic Act (1957, South Korea), 3:212 Narcotic Act (1979, Thailand), 3:242–243 Narcotic Drugs and Psychotropic Substance Act (1998, Lebanon), 1:319 Narcotic Drugs and Psychotropic Substances Act (1985, India), 3:88 Narcotics Agreement (1984, Cayman Islands, U.S.), 2:84 Narcotics Control Law (Japan), 3:101 Narcotics Law (2005, Afghanistan), 3:5, 10 National Agency for the Prohibition of Trafficking in Persons (NAPTIP, Nigeria), 1:163 National Angolan People’s Police, 1:2 – 3 National Anti-Drug System (Brazil), 2:66 National Assembly of People’s Power (Cuba), 2:119

National Commission for Citizen Security (CONASEG, Paraguay), 2:273 National Commission for Human Rights (Greece), 4:140 National Commission for Women and Children (NCWC, Bhutan), 3:41 National Commission on the Disappearance of Persons, 2:11 National Council on Drugs (NCD, Lebanon), 1:319 National Crime Victimization Surveys (Switzerland), 4:346 National Drug Law Enforcement Agency (NDLEA, Nigeria), 1:163 National Drug Strategy Household Survey (Australia), 3:302 National Drug Threat Assessment (U.S.), 2:180 National Forum against the Sexual and Commercial Exploitation of Children and Adolescents (1999, Nicaragua), 2:259 National Forum on Human Rights report (2009), 1:386 National Headquarters of Prison Service (NHPC, Hungary), 4:155 National Human Rights Commission (CNDH), 2:229, 3:25 National Human Rights Office (Latvia), 4:187 National Incident-Based Reporting System (NIBRS), 2:286 National Institute for Criminalistics and Criminology, 4:43 National Islamic Front (NIF, Sudan), 1:364 National Mechanism to Prevent Torture (Mexico), 2:229 National Offender Management Service (NOMS, England), 4:368 – 369 National Plan of Action for Gender (NPAG, Bhutan), 3:43 National Police Code (1970, Colombia), 2:100 National Survey on Corruption in Greece (2008), 4:141 National Union for the Total Independence of Angola (UNITA), 1:1 National Youth Tobacco Survey (2002), 2:293 NationMaster report Guinea data, 1:94 Yemen data, 1:386 Navajo Nation, 2:238 – 247 crime in, 2:241 – 242 ﬁnding of guilt in, 2:242 – 244 juvenile justice system, 2:244 – 245

© 2011 ABC-Clio. All Rights Reserved.

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I-19

legal system, 2:238 – 240, 244 – 245 police in, 2:240 – 241 prison system, 2:246 – 247 punishment for crimes, 2:245 – 246 rights of the accused, 2:242 – 243 Nepal, 3:171 – 178 crime in, 3:176 – 177 juvenile justice system, 3:177 legal system, 3:171 – 174 police in, 3:174 – 176 prison system, 3:177 punishment for crimes, 3:177 The Netherlands, 4:240 – 249 crime in, 4:243 – 245 ﬁnding of guilt in, 4:245 – 246 legal system, 4:241 police in, 4:241 – 243 prison system, 4:248 – 249 punishment for crimes, 4:247 – 248 rights of the accused in, 4:246 – 247 Netherlands Antilles, 2:247 – 255 crime in, 2:248 – 250 ﬁnding of guilt in, 2:250 – 253 juvenile justice system, 2:253 – 254 police in, 2:248 prison system, 2:254 rights of the accused, 2:250 New Caledonia. See Melanesia New Zealand, 3:327 – 337 crime in, 3:330 – 335 juvenile justice system, 3:333 – 335 legal system in, 3:334 – 335 police in, 3:328 – 330 prison system, 3:335 – 337 NGOs (nongovernmental organizations) in Angola, 1:4 in Bangladesh, 3:31 in Belize, 2:45 in Bolivia, 2:56 in Chad, 1:446 in Cuba, 2:121 in France, 4:121 in Honduras, 2:202 in Kyrgyzstan, 3:121 in Lebanon, 1:319 in Macedonia, 4:214, 215 in Madagascar, 1:127 in Malawi, 1:129 in Maldives, 3:154 in Mauritania, 1:139 – 140, 143 in Montserrat, 2:236 in North Korea, 3:180 in Saint Vincent and the Grenadines, 2:301 in Senegal, 1:188 in Tajikistan, 3:236 in Uzbekistan, 3:285

I-20

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe in Zambia, 1:239 in Zimbabwe, 1:245 – 246 Nicaragua, 2:255 – 263 crime in, 2:257 – 259 ﬁnding of guilt in, 2:259 – 262 juvenile justice system, 2:263 legal system, 2:256 – 257 punishment for crimes, 2:262 – 263 Niger, 1:156 – 162 crime in, 1:157 – 160 female genital mutilation in, 1:158, 159 ﬁnding of guilt in, 1:160 – 161 ICPS report, 1:161 – 162 legal system, 1:156 – 157, 160 prisons /punishment for crimes, 1:161 – 162 Nigeria, 1:162 – 167 crime in, 1:164 Islamic sharia law in, 1:163 legal system in, 1:162 – 163, 164 – 166 police in, 1:163 – 164 prison system, 1:167 punishment for crimes, 1:166 – 167 Niue. See Polynesia Nora Foundation (NGO), 1:139 – 140 Norfolk Island, 3:337 – 339 crime in, 3:339 legal system, 3:338 – 339 punishment for crimes, 3:339 North Korea (Democratic People’s Republic of Korea), 3:178 – 187 crime in, 3:179 – 184 ﬁnding of guilt in, 3:184 – 185 legal system in, 3:182 – 184 police in, 3:182 – 184 prison system, 3:186 – 187 punishment for crimes, 3:185 – 186 Northern Ireland. See United Kingdom /Northern Ireland Norway, 4:249 – 256 crime in, 4:251 – 252 ﬁnding of guilt in, 4:252 – 253 juvenile justice system, 4:253 – 254 legal system, 4:249 – 250 police in, 4:250 prison /punishment for crimes, 4:254 – 255 prison system, 4:250 – 251 rights of the accused, 4:253 Oman, 1:336 – 339 crime/punishment for crimes, 1:337 – 338

extradition law, 1:339 ﬁnding of guilt in, 1:338 – 339 legal system in, 1:337, 338 – 339 prison system, 1:339 Organization for Security and Cooperation in Europe (OSCE) Azerbaijan data, 3:20, 22 Belarus data, 4:37 Iceland data, 4:157 Montenegro data, 4:238 San Marino data, 4:293 Organization of Eastern Caribbean States (OECS), 2:5 – 6, 164, 290 Overseas Advisory Security Council (OSAC), 1:174, 243, 3:271 Overseas Territories Regional Criminal Intelligence System (OTRCIS), 2:3, 85 Pakistan, 3:187 – 192 crime in, 3:188 – 190 ﬁnding of guilt in, 3:190 – 191 juvenile justice system, 3:190 legal system in, 3:187 – 188 police in, 3:190 punishment for crimes, 3:191 – 192 Pakistan Anti-Terrorism (Amendment) Ordinance, 3:191 Palestine Liberation Organization (PLO), 1:313, 340 Palestinian Territories, 1:340 – 346 crime in, 1:343 – 344 juvenile justice system, 1:343 legal system, 1:341 – 342, 344 – 345 police in, 1:342 – 343 prisons /punishment for crimes, 1:345 – 346 Pan American Health Organization (PAHO), 2:271 – 272 Panama, 2:263 – 269 crime in, 2:266 – 267 ﬁnding of guilt in, 2:267 – 268 juvenile justice system, 2:268 legal system, 2:265 – 266 prison system, 2:269 punishment for crimes, 268 – 269 rights of the accused, 2:268 Papua New Guinea. See Melanesia Paraguay, 2:270 – 276 crime in, 2:271 – 272 ﬁnding of guilt in, 2:272 – 273 legal system, 2:270 – 271 National Police, 2:273 – 274 plea bargaining in, 2:272 prison system, 2:274 – 276 punishment for crimes, 2:274 – 276 Parliamentary Commission for Human Rights (Lebanon), 1:321

© 2011 ABC-Clio. All Rights Reserved.

Peacemaker Court /Program (Navajo Nation), 2:243 Penal Code Act (PCA, Uganda), 1:230 – 231 Penal Reform International, 3:115 People’s Court (Libya), 1:329 People’s Court Organization Law (China), 3:70 People’s Democratic Movement (PU-DEMO, Swaziland), 1:215 People’s Republic of China. See China (People’s Republic of China) People’s Revolutionary Tribunal (Tribunal Popular Révolucionario, Angola), 1:1 People’s Security Force (Libya), 1:327 People’s Vigilance Brigades (Brigadas Populares de Vigilância, Angola), 1:2 Personal Status Code (Syria), 1:371 Peru, 2:276 – 282 crime in, 2:277 – 279 ﬁnding of guilt in, 2:279 – 281 juvenile justice system, 2:278 legal system, 2:276 – 277 prison system, 2:282 punishment for crimes, 2:282 rights of the accused, 2:279 Philippines, 3:192 – 202 crime in, 3:195 – 196 ﬁnding of guilt in, 3:196 – 198 juvenile justice system, 3:199 legal system, 3:193 – 194, 198 – 199 police in, 3:194 – 195 prison system, 3:200 – 202 punishment for crimes, 3:199 – 200 rights of the accused, 3:198 Pickpocketing in Comoros, 1:52 in Gambia, 1:83 in Ghana, 1:86 in Guinea, 1:93 in Guinea-Bissau, 1:98 in Libya, 1:330 – 331 in Madagascar, 1:124 in Mali, 1:134 in Mauritania, 1:138 in Namibia, 1:153 in Rwanda, 1:174 in Senegal, 1:185 in Tanzania, 1:224 in Togo, 1:227 Piracy in Angola, 1:4 in Botswana, 1:16 in Colombia, 2:105

Index

in Ghana, 1:89 in Macao, 3:133 in Nigeria, 1:164 in Somalia, 1:202 in Tanzania, 1:221 in Yemen, 1:386 Pitcairn Islands, 3:339 – 344 crime in, 3:340 – 341 ﬁnding of guilt in, 3:341 – 342 legal system, 3:339 – 340 prison system, 3:343 – 344 punishment for crimes, 3:342 – 343 rights of the accused, 3:341 – 342 Poland, 4:256 – 265 crime in, 4:259 – 260 ﬁnding of guilt in, 4:260 – 262 juvenile justice system, 4:259 legal system, 4:257 – 258 police in, 4:258 – 259 punishment for crimes, 4:262 – 265 rights of the accused, 4:261 Police Act (1979, Sudan), 1:364 Police Corps Act (2000), 1:385 Police Security Directorate (PSD, Syria), 1:370 Policing practices, in Africa in Angola, 1:2 – 3 of Benin, 1:7 of Burkina Faso, 1:18 – 19 of Burundi, 1:26 of Cameroon, 1:29 – 30 of Cape Verde, 1:31 – 32 in Djibouti, 1:63 in DRC, 1:55 – 56 in Equatorial Guinea, 1:67 in Eritrea, 1:70 – 71 in Gabon, 1:79 in Gambia, 1:82 – 83 in Ghana, 1:88 – 89 in Grenada, 2:164 – 165 in Guinea, 1:91 – 92 in Guinea-Bissau, 1:99 in Kenya, 1:108 – 109 in Liberia, 1:118 – 120 in Madagascar, 1:122 – 124 in Malawi, 1:130 in Mali, 1:133 – 134 in Mauritius, 1:141 – 142 in Mayotte, 1:146 – 147 in Namibia, 1:153 – 154 in Nigeria, 1:163 – 164 in Republic of Congo, 1:57 (photo) in Réunion, 1:168 in Rwanda, 1:174 in Sao Tome and Principe, 1:181 in Senegal, 1:184 (photo), 186 – 187 in Seychelles, 1:189 – 190, 1:192 – 193 in Sierra Leone, 1:193 – 194

in South Africa, 1:206 – 207 in Swaziland, 1:213 – 214 in Tanzania, 1:218 – 219 in Zambia, 1:237 – 238 Policing practices, in the Americas in Anguilla, 2:2 in Aruba, 2:19 in The Bahamas, 2:23 – 25 in Barbados, 2:32 in Bermuda, 2:47 – 48 in British Virgin Islands, 2:70 – 71 in Canada, 2:76 in Cayman Islands, 2:82 – 83 in Chile, 2:91 in Falkland Islands, 2:158 in Jamaica, 2:207 in Martinique, 2:216 – 217 in Mexico, 2:223 – 224 in Navajo Nation, 2:240 – 241 in Netherlands Antilles, 2:248 in Saint Lucia, 2:297 – 298 in Trinidad and Tobago, 2:316 in Uganda, 1:230 – 231 in United States Virgin Islands, 2:342 Policing practices, in Asia Afghanistan, 3:3 – 4 Armenia, 3:14 – 15 Azerbaijan, 3:22 Bangladesh, 3:27 – 28 in Bhutan, 3:40 – 41 in Brunei Darussalam, 3:48 Cambodia, 3:54 – 55 Georgia, 3:72 Hong Kong, 3:80 – 81 Indonesia, 3:93 Japan, 3:102 Kazakhstan, 3:110 – 111 Macao, 3:134 – 136 Malaysia, 3:142 in Nepal, 3:174 – 176 in North Korea, 3:182 – 184 in Pakistan, 3:190 in the Philippines, 3:194 – 195 in Singapore, 3:203 – 204 in South Korea, 3:210 in Sri Lanka, 3:219 in Taiwan, 3:223 – 224 in Tajikistan, 3:234 in Turkey, 3:262 – 263 in Turkmenistan, 3:269 – 270 in Uzbekistan, 3:275 – 276 in Vietnam, 3:287 Policing practices, in Europe in the Åland Islands, 4:1 in Albania, 4:6 in Austria, 4:18 in Belgium, 4:39

© 2011 ABC-Clio. All Rights Reserved.

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I-21

in Bosnia and Herzegovina, 4:49 in Bulgaria, 4:59 – 60 in Cyprus, 4:72 in Czech Republic, 4:77 in Estonia, 4:94 – 95 in Finland, 4:104 – 105 in Germany, 4:124 in Gibraltar, 4:133 in Greece, 4:139 in Guernsey, 4:146 in Hungary, 4:150 – 151 in Iceland, 4:157 in Ireland, 4:164 – 165 in Isle of Man, 4:170 – 171 in Italy, 4:174 in Jersey, 4:183 – 184 in Latvia, 4:186 – 187 in Lithuania, 4:198 – 199 in Luxembourg, 4:208 in Macedonia, 4:213 in Malta, 4:218 in Monaco, 4:235 – 236 in The Netherlands, 4:241 – 243 in Norway, 4:250 in Poland, 4:258 – 259 in Romania, 4:275 – 277 in Russia, 4:284 in San Marino, 4:291 – 292 in Serbia, 4:297 in Shetland, 4:305 – 306 in Slovak Republic, 4:309 – 310 in Slovenia, 4:315 – 316 in Sweden, 4:332 in United Kingdom / England, 4:362 in United Kingdom / Northern Ireland, 4:373 – 374 in United Kingdom /Scotland, 4:381 – 382 in United Kingdom / Wales, 4:391 Policing practices, in the Middle East in Bahrain, 1:255 – 256 in Iraq, 1:273 – 274 in Israel, 1:284 – 285 in Jordan, 1:298 – 299 in Lebanon, 1:314 – 315 in Palestinian Territories, 1:342 – 343 in Qatar, 1:348 in Saudi Arabia, 1:351 – 352 in Sudan, 1:364 – 366 in United Arab Emirates, 1:382 in Yemen, 1:385 Policing practices, in Northern Africa in Egypt, 1:260 – 261 in Ethiopia, 1:76 in Libya, 1:327 in Morocco, 1:333 – 334 in Sudan, 1:364 – 366 in Tunisia, 1:375

I-22

|

Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe Policing practices, in the Paciﬁc in Commonwealth of the Northern Mariana Islands, 3:318 in Federated States of Micronesia, 3:322 in Guam, 3:320 in Melanesia, 3:313 – 314 in New Zealand, 3:328 – 330 in Polynesia, 3:348 in Republic of Belau (Palau), 3:317 in Republic of Kiribati, 3:325 in Republic of Nauru, 3:327 in Republic of the Marshall Islands, 3:324 in Tonga, 3:353 – 354 Polynesia, 3:344 – 350 crime in, 3:348 – 349 ﬁnding of guilt in, 3:349 legal system, 3:346 – 348 police in, 3:348 prison system, 3:350 punishment for crimes, 3:349 – 350 Portugal, 4:265 – 274 crime in, 4:266 – 269 ﬁnding of guilt in, 4:269 – 271 juvenile justice system, 4:267 – 268 legal system, 4:265 – 266 prison system, 4:272 – 273 punishment for crimes, 4:271 – 272 rights of the accused, 4:270 Prevention of Corruption Act (Singapore), 3:203 Prevention of Crime Act (Malaysia, 1959), 3:148 Prevention of Money Laundering Act (1994, Malta), 4:219 The PRIME System: Measuring the Success of Post-Coﬂict Police Reform, 3:254 Prison system, in Africa in Angola, 1:6 in Benin, 1:10 in Botswana, 1:16 – 17 in Burkina Faso, 1:21 – 22 in Cameroon, 1:30 in Cape Verde, 1:34 in Central African Republic, 1:41 – 42 in Chad, 1:49 – 50 in DRC, 1:56 in Gambia, 1:85 – 86 in Ghana, 1:89 – 90 in Guinea, 1:96 – 97 in Guyana, 2:194

in Ivory Coast (Côte d’Ivoire), 1:105 in Lesotho, 116 – 117 in Madagascar, 1:127 – 128 in Mauritania, 1:139 – 140 in Mauritius, 1:145 – 146 in Namibia, 1:154 in Niger, 1:161 – 162 in Nigeria, 1:167 in Republic of Congo, 1:61 – 62 in Rwanda, 1:177 in Sierra Leone, 1:197 – 198 in Sudan, 1:367 – 368 in Togo, 1:229 in Zambia, 1:241 – 242 in Zimbabwe, 1:245 – 246, 246 (photo) Prison system, in the Americas in Anguilla, 2:5 in Antigua and Barbuda, 2:9 in Argentina, 2:17 – 18 in Aruba, 2:21 – 22 in The Bahamas, 2:28 – 31 in Barbados, 2:37 – 40 in Belize, 2:46 – 47 in Bermuda, 2:52 – 53 in Bolivia, 2:60 – 61 in Brazil, 2:68 – 69 in British Virgin Islands, 2:73 in Canada, 2:79 – 81 in Cayman Islands, 2:87 – 88 in Chile, 2:96 – 97 in Colombia, 2:108 – 109 in Costa Rica, 2:116 – 117 in Dominica, 2:128 – 131 in Dominican Republic, 2:140 – 141 in Ecuador, 2:149 – 150 in Falkland Islands, 2:158 in Greenland, 2:161 – 162 in Grenada, 2:168 – 169 in Jamaica, 2:214 – 215 in Martinique, 2:220 – 221 in Mexico, 2:228 – 229 in Montserrat, 2:237 – 238 in Navajo Nation, 2:246 – 247 in Netherlands Antilles, 2:254 in Puerto Rico, 2:288 – 290 in Saint Vincent and the Grenadines, 2:306 – 307 in Suriname, 2:313 in Trinidad and Tobago, 2:320 – 321 in Turks and Caicos Islands, 2:327 – 328 in Uganda, 1:235 – 236 in the United States, 2:327 – 328 in United States Virgin Islands, 2:345 – 346 in Uruguay, 2:352 – 353 in Venezuela, 2:363 – 366

© 2011 ABC-Clio. All Rights Reserved.

Prison system, in Asia in Afghanistan, 3:12 in Armenia, 3:18 – 20 in Azerbaijan, 3:23 – 24 in Bangladesh, 3:36 in Bhutan, 3:45 – 46 in Brunei Darussalam, 3:52 in Cambodia, 3:61 – 63 in China, 3:75 – 76 in Hong Kong, 3:83 – 84 in India, 3:90 – 91 in Indonesia, 3:97 – 98 in Japan, 3:108 – 109 in Kazakhstan, 3:117 in Laos, 3:131 – 132 in Macao, 3:139 – 140 in Malaysia, 3:150 – 151 in Maldives, 3:157 – 158 in Nepal, 3:177 in North Korea, 3:186 – 187 in the Philippines, 3:200 – 202 in Singapore, 3:208 – 209 in South Korea, 3:216 – 217 in Sri Lanka, 3:221 – 222 in Taiwan, 3:231 – 232 in Tajikistan, 3:238 in Turkey, 3:267 – 268 in Turkmenistan, 3:273 – 275 in Uzbekistan, 3:285 – 286 in Vietnam, 3:296 – 297 Prison system, in Europe in the Åland Islands, 4:3 – 4 in Albania, 4:10 – 12 in Austria, 4:26 – 27 in Belgium, 4:45 – 47 in Bosnia and Herzegovina, 4:56 – 57 in Bulgaria, 4:64 – 65 in Cyprus, 4:74 – 75 in Czech Republic, 4:83 – 85 in Denmark, 4:90 – 93 in Estonia, 4:99 – 100 in Faroe Islands, 4:103 in Finland, 4:112 – 113 in France, 4:121 – 122 in Germany, 4:131 – 132 in Gibraltar, 4:136 – 137 in Greece, 4:144 – 145 in Hungary, 4:155 – 156 in Iceland, 4:159 – 160 in Ireland, 4:169 – 170 in Italy, 4:182 – 183 in Latvia, 4:190 in Lithuania, 4:206 – 207 in Luxembourg, 4:211 in Malta, 4:225 in Moldova, 4:233 – 235 in The Netherlands, 4:248 – 249 in Norway, 4:250 – 251, 254 – 255

Index

in Portugal, 4:272 – 273 in Romania, 4:280 – 281 in Russia, 4:289 – 290 in San Marino, 4:295 – 296 in Serbia, 4:304 in Shetland, 4:308 in Slovak Republic, 4:313 – 314 in Slovenia, 4:319 – 323 in Svalbard and Jan Mayen Islands, 4:331 in Sweden, 4:339 – 342 in Ukraine, 4:358 – 360 in United Kingdom / England, 4:369 – 370 in United Kingdom / Northern Ireland, 4:379 in United Kingdom /Scotland, 4:387 – 388 in United Kingdom / Wales, 4:395 – 397 in Vatican City and the Holy See, 4:402 – 403 Prison system, in the Middle East in Bahrain, 1:258 – 259 in Iraq, 1:282 – 283 in Israel, 1:295 – 297 in Jordan, 1:301 – 303 in Lebanon, 1:324 – 326 in Oman, 1:339 in Palestinian Territories, 1:345 – 346 in Saudi Arabia, 1:360 in United Arab Emirates, 1:383 Prison system, in Northern Africa in Algeria, 1:253 in Egypt, 1:265 – 266 in Libya, 1:332 in Tunisia, 1:376 Prison system, in the Paciﬁc in Commonwealth of the Northern Mariana Islands, 3:319 in Federated States of Micronesia, 3:323 in the Pitcairn Islands, 3:343 – 344 in Polynesia, 3:350 in Republic of Belau (Palau), 3:318 in Republic of Kiribati, 3:326 in Republic of the Marshall Islands, 3:325 in Tonga, 3:357 – 358 Prison Watch Public Association, 4:190 Prisons Act of 1964 (Swaziland), 1:217 Proceeds of Crime and Money Laundering Act (2001), 2:302 Proceeds of Criminal Conduct Law (1996, Cayman Islands), 2:85 Professional Secrecy Act (1994, Malta), 4:219

Prohibition of Child Marriage Act (India, 2006), 3:88 Prohibition of Money Laundering Law (2000, Israel), 1:288 Prostitution in Angola, 1:3, 4 in Central African Republic, 1:37 in Chad, 1:43, 45 – 46, 48 – 49 in Djibouti Chad, 1:64 in Eritrea, 1:71 in Ethiopia, 1:78 in Guinea, 1:92 in Guinea-Bissau, 1:98 in Kenya, 1:108 in Kuwait, 1:308 in Lebanon, 1:318 in Madagascar, 1:124, 127 in Malawi, 1:129 in Namibia, 1:153 in Oman, 1:337 in Sao Tome and Principe, 1:181 in Senegal, 1:185, 186 in Seychelles, 1:190 in Somalia, 1:202 in Swaziland, 1:214 in Togo, 1:228 in Zambia, 1:239 Protection of Human Rights in Criminal Procedure and in the Organization of the Judicial System (Saudi Arabia), 1:355 Protocol on the Rights of Women in Africa, 1:52 Psychotropic Medicine Control Act (1976, South Korea), 3:212 Puerto Rico, 2:283 – 290 crime in, 2:285 – 286 extradition law, 2:289 – 290 ﬁnding of guilt in, 2:286 – 287 juvenile justice system, 2:287 legal system, 2:283 – 285 plea bargaining in, 2:287 prison system, 2:288 – 290 punishment for crimes, 2:287 – 288 Punishment for crimes, in Africa in Angola, 1:5 – 6 in Benin, 1:10 in Burkina Faso, 1:21 – 22 in Cameroon, 1:30 in Central African Republic, 1:35 – 36, 39 – 42 in Chad, 1:48 – 50 in Comoros, 1:52 in Djibouti, 1:65 – 66 in Equatorial Guinea, 1:69 in Eritrea, 1:73 – 74 in Gabon, 1:81 in Gambia, 1:85 – 86

© 2011 ABC-Clio. All Rights Reserved.

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I-23

in Guinea, 1:96 – 97 in Guinea-Bissau, 1:100 in Ivory Coast (Côte d’Ivoire), 1:104 – 105 in Kenya, 1:110 – 111 in Lesotho, 115 – 117 in Liberia, 1:121 – 122 in Madagascar, 1:126 – 128 in Malawi, 1:131 – 132 in Mali, 1:134 – 135 in Mauritania, 1:139 – 140 in Mauritius, 1:144 – 146 in Mayotte, 1:148 – 149 in Mozambique, 1:152 in Namibia, 1:154 in Niger, 1:161 – 162 in Nigeria, 1:166 – 167 in Republic of Congo, 1:61 – 62 in Réunion, 1:171 – 172 in Rwanda, 1:176 – 177 in Sao Tome and Principe, 1:182 in Senegal, 1:188 – 189 in Seychelles, 1:192 – 193 in Sierra Leone, 1:196 – 198 in South Africa, 1:210 – 211 in Swaziland, 1:217 in Tanzania, 1:224 – 226 in Togo, 1:229 in Uganda, 1:233 – 235 in Zambia, 1:240 – 242 in Zimbabwe, 1:245 – 246 Punishment for crimes, in the Americas in Anguilla, 2:4 – 5 in Antigua and Barbuda, 2:8 – 9 in Argentina, 2:16 – 18 in Aruba, 2:21 – 22 in The Bahamas, 2:28 – 31 in Bahrain, 1:258 – 259 in Barbados, 2:36 – 40 in Belize, 2:46 – 47 in Bermuda, 2:51 – 53 in Brazil, 2:68 – 69 in British Virgin Islands, 2:72 – 73 in Canada, 2:78 – 81 in Cayman Islands, 2:86 – 88 in Chile, 2:96 – 97 in Colombia, 2:107 – 109 in Costa Rica, 2:115 – 117 in Dominica, 2:128 – 131 in Dominican Republic, 2:139 – 141 in Ecuador, 2:147 – 150 in El Salvador, 2:156 in Falkland Islands, 2:159 in Greenland, 2:161 – 162 in Grenada, 2:168 – 169 in Guyana, 2:193 – 194 in Honduras, 2:203 – 204 in Jamaica, 2:212 – 214

I-24

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe in Martinique, 2:219 – 221 in Mexico, 2:227 – 229 in Montserrat, 2:235 – 237 in Navajo Nation, 2:245 – 246 in Nicaragua, 2:262 – 263 in Puerto Rico, 2:287 – 288 in Saint Lucia, 2:299 – 300 in Saint Vincent and the Grenadines, 2:305 – 306 in Suriname, 2:312 – 313 in Trinidad and Tobago, 2:319 – 321 in Turks and Caicos Islands, 2:326–328 in the United States, 2:335 – 339 in United States Virgin Islands, 2:344 – 345 in Uruguay, 2:352 – 353 in Venezuela, 2:361 – 363 Punishment for crimes, in Asia Afghanistan, 3:9 – 10 Armenia, 3:18 Bangladesh, 3:34 – 36 Bhutan, 3:44 – 45 Brunei Darussalam, 3:51 – 52 Cambodia, 3:61 China, 3:69 – 71 Georgia, 3:74 – 75 Hong Kong, 3:82 – 83 India, 3:90 Indonesia, 3:96 – 97 Japan, 3:106 – 108 Kazakhstan, 3:115 – 117 Laos, 3:130 – 131 Macao, 3:138 – 139 Malaysia, 3:147 – 148 in Maldives, 3:156 – 157 in Nepal, 3:177 in North Korea, 3:185 – 186 in Pakistan, 3:191 – 192 in the Philippines, 3:199 – 200 in Singapore, 3:207 – 209 in South Korea, 3:215 – 216 in Sri Lanka, 3:221 in Taiwan, 3:230 – 231 in Tajikistan, 3:237 – 238 in Turkey, 3:266 – 267 in Turkmenistan, 3:273 – 275 in Uzbekistan, 3:282 – 285 in Vietnam, 3:295 – 296 Punishment for crimes, in Europe in the Åland Islands, 4:3 – 4 in Albania, 4:9 – 10 in Austria, 4:24 – 26 in Belgium, 4:43 – 45

in Bosnia and Herzegovina, 4:55 – 57 in Bulgaria, 4:63 – 64 in Czech Republic, 4:81 – 83 in Denmark, 4:88 – 90 in Estonia, 4:98 – 99 in Faroe Islands, 4:102 – 103 in Finland, 4:111 – 112 in France, 4:119 – 121 in Germany, 4:129 – 130 in Gibraltar, 4:135 – 136 in Greece, 4:143 – 144 in Guernsey, 4:147 – 148 in Iceland, 4:159 in Ireland, 4:167 – 169 in Isle of Man, 4:172 in Italy, 4:180 – 181 in Jersey, 4:185 in Latvia, 4:189 – 190 in Lithuania, 4:205 – 206 in Luxembourg, 4:210 in Macedonia, 4:217 in Malta, 4:223 – 225 in Moldova, 4:232 – 233 in Monaco, 4:237 in The Netherlands, 4:247 – 248 in Norway, 4:254 – 255 in Poland, 4:262 – 265 in Portugal, 4:271 – 272 in Romania, 4:280 in Russia, 4:288 – 289 in San Marino, 4:295 in Serbia, 4:303 – 304 in Shetland, 4:307 – 308 in Slovak Republic, 4:313 in Slovenia, 4:319 – 323 in Spain, 4:328 in Svalbard and Jan Mayen Islands, 4:331 in Sweden, 4:338 – 339 in Switzerland, 4:350 – 351 in Ukraine, 4:357 – 358 in United Kingdom / England, 4:366 – 369 in United Kingdom / Northern Ireland, 4:377 – 379 in United Kingdom / Scotland, 4:385 – 387 in United Kingdom / Wales, 4:394 – 395 in Vatican City and the Holy See, 4:402 – 403 Punishment for crimes, in the Middle East in Iraq, 1:280 – 283 in Israel, 1:294 – 297 in Jordan, 1:301 – 303 in Lebanon, 1:322 – 326 in Oman, 1:337 – 338

© 2011 ABC-Clio. All Rights Reserved.

in Palestinian Territories, 1:345 – 346 in Qatar, 1:349 in Saudi Arabia, 1:359 – 360 in Syria, 1:373 – 374 in United Arab Emirates, 1:383 in Yemen, 1:386 Punishment for crimes, in Northern Africa in Algeria, 1:252 – 253 in Egypt, 1:265 – 266 in Ethiopia, 1:78 – 79 in Libya, 1:331 – 332 in Morocco, 1:334 – 335 Punishment for crimes, in the Paciﬁc in Australia, 3:303 – 305 in Commonwealth of the Northern Mariana Islands, 3:319 in Federated States of Micronesia, 3:322 – 323 in Guam, 3:320 – 321 in Melanesia, 3:314 – 315 in Norfolk Island, 3:339 in the Pitcairn Islands, 3:342 – 343 in Polynesia, 3:349 – 350 in Republic of Belau (Palau), 3:317 – 318 in Republic of Kiribati, 3:326 in Republic of Nauru, 3:327 in Republic of the Marshall Islands, 3:324 – 325 in Tonga, 3:357 Puntland ﬁnding of guilt in, 1:203 prison system/punishment for crimes, 1:205 Purge Law (Libya), 1:328 Qatar, 1:346 – 349 crime in, 1:348 – 349 ﬁnding of guilt in, 1:348 legal system, 1:347 – 348 police in, 1:348 punishment for crimes, 1:349 Quisas punishment in Comoros, 1:52 in Iran, 1:269 in Oman, 1:337 Radio Free Europe, Kyrgyzstan report (2009), 3:121 Rape, in Africa in Angola, 1:4 in Benin, 1:9 in Botswana, 1:12, 13, 15 in Burundi, 1:24 in Chad, 1:44, 45, 49 in Djibouti, 1:65 in DRC, 1:54

Index

in Equatorial Guinea, 1:68 – 69 in Gambia, 1:83 in Ghana, 1:86 in Guinea, 1:92 in Guinea-Bissau, 1:98 in Liberia, 1:118, 119 (photo) in Madagascar, 1:124 in Mali, 1:134 in Martinique, 2:218 in Mauritius, 1:143 in Namibia, 1:153 in Nigeria, 1:164 in Republic of Congo, 1:58 in Réunion, 1:169 in Sao Tome and Principe, 1:181 in Senegal, 1:185 in Somalia, 1:201 in South Africa, 1:206 in Swaziland, 1:214 in Tanzania, 1:220 – 221 Rape, in the Americas in Argentina, 2:17 in The Bahamas, 2:25 in Barbados, 2:33, 34 in Bolivia, 2:59 in British Virgin Islands, 2:71 in Colombia, 2:105 in Costa Rica, 2:111 in Grenada, 2:168 in Guatemala, 2:177, 178 in Guyana, 2:193 in Honduras, 2:200 in Jamaica, 2:208 in La Guadeloupe, 2:175 in Mexico, 2:224 in Navajo Nation, 2:242 in Nicaragua, 2:258 in Peru, 2:278 in Saint Kitts and Nevis, 2:291 in Saint Lucia, 2:298 in Saint Vincent and the Grenadines, 2:301 in Trinidad and Tobago, 2:316 in Uganda, 1:231 in the United States, 2:329, 330 – 331 in United States Virgin Islands, 2:342 Rape, in Asia in Afghanistan, 3:7 in Armenia, 3:16 in Bhutan, 3:41 in Cambodia, 3:61 in India, 3:87, 89 Indonesia, 3:94 Japan, 3:100 Kazakhstan, 3:111 in Mongolia, 3:161 in North Korea, 3:180 – 181 in the Philippines, 3:195

in Singapore, 3:207 in South Korea, 3:212 in Sri Lanka, 3:220 in Taiwan, 3:226 in Thailand, 3:243 in Turkey, 3:263 in Uzbekistan, 3:281 Rape, in Europe in Austria, 4:25 in Belarus, 4:37 in Belgium, 4:40 in Bosnia and Herzegovina, 4:52 in Bulgaria, 4:60 in Croatia, 4:68 in Czech Republic, 4:78 in Estonia, 4:96 in Finland, 4:107 in France, 4:114, 115 in Germany, 4:124 in Gibraltar, 4:134 in Greece, 4:140 in Hungary, 4:152 in Latvia, 4:187 in Liechtenstein, 4:195 in Luxembourg, 4:210 in Macedonia, 4:214 in Moldova, 4:227 in Monaco, 4:237 in The Netherlands, 4:244 in Norway, 4:251 in Romania, 4:278 in Russia, 4:286 in Shetland, 4:306 in United Kingdom / England, 4:364 in United Kingdom / Wales, 4:391 in Vatican City and the Holy See, 4:401 Rape, in the Middle East in Iran, 1:268 – 269 in Israel, 1:289 in Oman, 1:337 in Palestinian Territories, 1:343 Rape, in Northern Africa in Egypt, 1:262 in Suriname, 2:310 in Tunisia, 1:375 Registration of Foreigners Act (India, 1930), 3:88 Regulation of Toxic Drugs (Andorra), 4:14 RENEW (Respect, Educate, Nurture and Empower Women) organization (Bhutan), 3:43 – 44 Report of the National Committee on Crime and Violence (2002, Jamaica), 2:208 Report on Judicial Systems in the Americas (2002 – 2003, JSCA), 2:167, 192

© 2011 ABC-Clio. All Rights Reserved.

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I-25

Republic of Belau (Palau) crime in, 3:317 legal system, 3:316 – 317 police in, 3:317 prison system, 3:318 punishment for crimes, 3:317 – 318 rights of the accused, 3:317 Republic of Kiribati crime in, 3:325 legal system, 3:325 police in, 3:325 prison system, 3:326 punishment for crimes, 3:326 rights of the accused, 3:326 Republic of the Marshall Islands crime in, 3:324 legal system, 3:323 – 324 police in, 3:324 prison system, 3:325 punishment for crimes, 3:324 – 325 rights of the accused in, 3:324 Republic of Nauru crime in, 3:327 legal system, 3:326 police in, 3:327 punishment for crimes, 3:327 rights of the accused, 3:327 Restricted Residence Act (Malaysia, 1933), 3:148 Réunion, 1:167 – 173 crime in, 1:168 – 169 ﬁnding of guilt in, 1:169 – 171 juvenile justice system, 1:168, 170 legal system, 1:167, 170 police in, 1:168 punishment for crimes, 1:171 – 172 rights of the accused, 1:169 Rights of the accused, in Africa in Cape Verde, 1:34 in Chad, 1:46 in Djibouti, 1:65 in Mozambique, 1:151 in Réunion, 1:169 in Seychelles, 1:191 in Uganda, 1:232 – 233 Rights of the accused, in the Americas in Anguilla, 2:3 in Antigua and Barbuda, 2:8 in Argentina, 2:14 in Aruba, 2:20 in Barbados, 2:35 in Belize, 2:45 in Bermuda, 2:49 in Bolivia, 2:58 in Brazil, 2:67 in Cayman Islands, 2:85 in Chile, 2:95 in Colombia, 2:102

I-26

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe in Costa Rica, 2:113 in Cuba, 2:123 in Dominican Republic, 2:138 in Ecuador, 2:146 in Grenada, 2:167 in Guyana, 2:191 – 192 in Haiti, 2:196 – 197 in Honduras, 2:203 in Jamaica, 2:208 in Mexico, 2:226 – 227 in Montserrat, 2:234 – 235 in Navajo Nation, 2:242 – 243 in Netherlands Antilles, 2:250 in Panama, 2:268 in Peru, 2:279 in Saint Kitts and Nevis, 2:295 – 296 in Trinidad and Tobago, 2:318 in the United States, 2:332 – 333 in Uruguay, 2:352 in Venezuela, 2:357 Rights of the accused, in Asia in Bangladesh, 3:30 in Cambodia, 3:58 in China, 3:68 – 69 in India, 3:89 – 90 in Japan, 3:102 – 103 in Kazakhstan, 3:112 – 113 in Laos, 3:127 – 128 in the Philippines, 3:198 in Taiwan, 3:227 – 228 in Turkey, 3:265 in Turkmenistan, 3:272 – 273 in Uzbekistan, 3:279 Rights of the accused, in Europe in Albania, 4:7 – 8 in Austria, 4:20 – 22 in Belarus, 4:31 – 32 in Bosnia and Herzegovina, 4:53 in Finland, 4:108 in France, 4:116 in Germany, 4:128 in Greece, 4:141 – 142 in Hungary, 4:153 – 154 in Iceland, 4:158 in Italy, 4:177 in Lithuania, 4:203 – 204 in Moldova, 4:230 in The Netherlands, 4:246 – 247 in Poland, 4:261 in Portugal, 4:270 in Slovak Republic, 4:312 in Slovenia, 4:317 – 318

in Svalbard and Jan Mayen Islands, 4:331 in Sweden, 4:340 in United Kingdom /Scotland, 4:384 Rights of the accused, in the Middle East in Saudi Arabia, 1:355 Rights of the accused, in Northern Africa in Ethiopia, 1:75 Rights of the accused, in the Paciﬁc in Commonwealth of the Northern Mariana Islands, 3:319 in Federated States of Micronesia, 3:322 in Guam, 3:320 in the Pitcairn Islands, 3:341 – 342 in Republic of Belau (Palau), 3:317 in Republic of Kiribati, 3:326 in Republic of the Marshall Islands, 3:324 in Republic of Nauru, 3:327 Romania, 4:274 – 281 crime in, 4:277 – 279 ﬁnding of guilt in, 4:279 – 280 juvenile justice system, 4:277 legal system, 4:274 – 275 police in, 4:275 – 277 prison system, 4:280 – 281 punishment for crimes, 4:280 Royal Cayman Islands Police Service (RCIPS), 2:82 – 83 RSPS Annual Report (2007), 1:214 Russia, 4:281 – 291 crime in, 4:285 – 286 ﬁnding of guilt in, 4:286 – 288 juvenile justice system, 4:288 legal system, 4:284 – 285 police in, 4:284 prison system, 4:289 – 290 punishment for crimes, 4:288 – 289 Rwanda, 1:173 – 177 crime in, 1:174 ﬁnding of guilt in, 1:175 – 176 legal system in, 1:176 plea bargaining in, 1:176 police in, 1:174, 175 (photo) prison system, 1:177 punishment for crimes, 1:176 – 177 Safer Africa (NGO), 1:143 Saint Helena, 1:177 – 180 crime in, 1:178 – 179 ﬁnding of guilt in, 1:179 legal system in, 1:178 plea bargaining in, 1:177 punishment for crimes, 1:179

© 2011 ABC-Clio. All Rights Reserved.

Saint Kitts and Nevis, 2:290 – 297 crime in, 2:291 – 295 ﬁnding of guilt, 2:295 – 296 juvenile justice system, 2:293 – 294 prison system, 2:296 punishment for crime, 2:296 rights of the accused, 2:295 – 296 Saint Lucia, 2:297 – 300 crime in, 2:298 ﬁnding of guilt in, 2:298 – 299 police in, 2:297 – 298 punishment for crimes, 2:299 – 300 Saint Vincent and the Grenadines, 2:300 – 307 crime in, 2:301 – 302 ﬁnding of guilt in, 2:302 – 305 prison system, 2:306 – 307 punishment for crimes, 2:305 – 306 Samoa. See Polynesia San Marino, 4:291 – 296 crime in, 4:292 – 293 ﬁnding of guilt in, 4:293 – 295 legal system, 4:293 – 294 police in, 4:291 – 292 prison system, 4:295 – 296 punishment for crimes, 4:295 Sao Tome and Principe, 1:180 – 182 crime/police in, 1:181 ﬁnding of guilt in, 1:181 – 182 juvenile justice system, 1:182 legal system in, 1:180 punishment for crimes, 1:182 Saudi Arabia, 1:349 – 361 crime in, 1:352 – 355 ﬁnding of guilt in, 1:355 – 359 juvenile justice system, 1:358 – 359 plea bargaining in, 1:357 police in, 1:351 – 352 prison system, 1:360 punishment for crimes, 1:359 – 360 rights of the accused, 1:355 Save the Children (NGO), 1:144 Scotland. See United Kingdom/Scotland Scouts Association of Malawi (NGO), 1:129 Second Optional Protocol to the International Covenant on Civil and Political Rights, 2:16 Senegal, 1:183 – 189 crime in, 1:184 – 186 ﬁnding of guilt in, 1:187 – 188 legal system in, 1:183 – 184 police in, 1:184 (photo), 186 – 187 punishment for crimes, 1:188 – 189 Serbia, 4:296 – 304 crime in, 4:298 – 299 ﬁnding of guilt in, 4:299 – 302

Index

juvenile justice system, 4:302 – 303 legal system, 4:297 police in, 4:297 prison system, 4:304 punishment for crimes, 4:303 – 304 Serious Organized Crime Agency (SOCA, United Kingdom), 4:362, 374, 391 Seventh United Nations Survey on Crime Trends and the Operations of Criminal Justice Systems, 3:78 Sexual Offenses Act (SOA, Zimbabwe), 1:244 Sexual Offenses and Community Affairs Unit (South Africa), 1:207 Seychelles, 1:189 – 193 crime in, 1:190 ﬁnding of guilt in, 1:191 – 192 juvenile justice system, 1:192 legal system in, 1:191 plea bargaining in, 1:191 – 192 police in, 1:189 – 190 punishment /prison system, 1:192 – 193 rights of the accused, 1:191 Sharia Court Evidence (Federal Territories) Act (Malaysia, 1997), 3:149 Sharia Criminal Offences (Federal Territories) Act (Malaysia, 1997), 3:149 Sharia Criminal Procedure (Federal Territories) Act (Malaysia, 1997), 3:149 Sharia law. See Islamic sharia law Shetland, 4:304 – 308 crime in, 4:306 – 307 legal system in, 4:305 police in, 4:305 – 306 prison in, 4:308 punishment for crimes, 4:307 – 308 Shimron Committee (1978, Israel), 1:288 Sierra Leone, 1:193 – 198 crime in, 1:194 ﬁnding of guilt in, 1:195 – 196 legal system in, 1:195 – 196 police in, 1:193 – 194 prison system, 1:197 – 198 punishment for crimes, 1:196 – 198 Silk Road Studies Program, 3:271 Singapore, 3:202 – 209 crime in, 3:204 – 205 ﬁnding of guilt in, 3:205 – 207 juvenile justice system, 3:207 legal system, 3:202 – 203 police in, 3:203 – 204 prison system, 3:208 – 209 punishment for crimes, 3:207 – 209

Single Convention on Narcotic Drugs (1961, Lesotho), 1:113 Single Convention on Narcotic Drugs in Lesotho, 1:113 in the Philippines, 3:196 Single Convention on Psychotropic Substances, 3:196 Slavery International (NGO), 1:158 (photo) Slovak Republic, 4:308 – 314 crime in, 4:310 – 311 ﬁnding of guilt in, 4:311 – 312 juvenile justice system, 4:312 legal system in, 4:308 – 309 police in, 4:309 – 310 prison system, 4:313 – 314 punishment for crimes, 4:313 rights of the accused, 4:312 Slovenia, 4:314 – 323 crime in, 4:316 – 317 ﬁnding of guilt in, 4:317 – 319 juvenile justice system, 4:319 police in, 4:315 – 316 prison system in, 4:319 – 323 punishment for crimes, 4:319 – 323 rights of the accused, 4:317 – 318 Solomon Islands. See Melanesia Somalia, 1:198 – 205 crime in, 1:200 – 202 ﬁnding of guilt in, 1:202 – 203 Islamic Sharia law, 1:204 penal code of, 1:204 prison system, 1:204 punishment for crimes, 1:203 – 204 Somaliland ﬁnding of guilt in, 1:203 prison system /punishment for crimes, 1:204 – 205 South Africa, 1:205 – 211 crime in, 1:206 ﬁnding of guilt in, 1:208 – 210 legal system in, 1:208 – 209 police in, 1:206 – 207, 207 (photo) punishment for crimes, 1:210 – 211 South Asia Human Rights Documentation Center (SAHRDC), 3:46 South Korea (Republic of Korea), 3:209 – 217 crime in, 3:212 – 213 Criminal Code Offense (CCO) in, 3:212, 313 ﬁnding of guilt in, 3:213 – 215 juvenile justice system, 3:217 legal system, 3:209 – 210 police in, 3:210 prison system in, 3:216 – 217 punishment for crimes, 3:215 – 216

© 2011 ABC-Clio. All Rights Reserved.

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I-27

violations of special laws (VSL), 3:213 Spain, 4:323 – 329 crime in, 4:324 – 326 ﬁnding of guilt in, 4:327 – 328 juvenile justice system, 4:325 – 326 legal system, 4:323 punishment for crimes in, 4:328 Special Crime Prevention Operations Law (2006, Timor-Leste), 3:255 Sri Lanka, 3:218 – 222 crime in, 3:219 – 220 ﬁnding of guilt in, 3:220 – 221 juvenile justice system, 3:221 legal system, 3:218 police in, 3:219 prison system, 3:221 – 222 punishment for crimes, 3:221 St. Vincent and the Grenadines Human Rights Association (SVGHRA), 2:301 – 302 Standard for Minimum Rules for the Treatment of Prisoners (UN), 96 State Department (U.S.) Afghanistan data, 3:9 Angola prison data, 1:6 The Bahamas data, 2:27 Bangladesh data, 3:29 – 30 Bhutan data, 3:42 Botswana prison data, 1:17 CAR prison data, 1:41 Chad data, 1:46 Human Rights report (2007), 1:41 Iraq data, 1:276 Jordan terrorist threat data, 1:299 Kenya data, 1:108 Libya data, 1:328, 329 Macedonia data, 4:216 Mongolia data, 3:162 Montenegro data, 4:238 Myanmar data, 3:169 Paraguay data, 2:273 – 274 Republic of Congo data, 1:60 Rwanda data, 1:173 Rwanda prison data, 1:177 San Marino data, 4:292 Swaziland prison data, 1:217 Tracking of Persons Report, 1:250 Trafficking in Persons Report 2008, 2:267 Uzbekistan data, 3:274 See also Country Reports on Human Rights Practices Statute for Narcotics Hazard Control (SNHC), 3:225 – 226 Statute of Children and Adolescents (Brazil), 2:65

I-28

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe Stimulants Control Law (Japan), 3:101, 107 Stockholm Declaration and Agenda for Action against Commercial Sexual Exploitation of Children, 3:189 Strasbourg Convention on the Transfer of Sentenced Persons (1983), 2:366 Street Children’s Ministry (Malawi, NGO), 1:129 Sudan, 1:361 – 368 crime in, 1:366 – 367 extradition law, 1:367 legal system, 1:361 – 364 police in, 1:364 – 366 prison system, 1:367 – 368 punishment for crimes, 1:362 Suppression of Terrorism Act, 2008 (Swaziland), 1:217 Suriname, 2:307 – 313 crime in, 2:310 – 311 extradition law, 2:313 ﬁnding of guilt in, 2:311 – 312 juvenile justice system, 2:312 prison system, 2:313 punishment for crimes, 2:312 – 313 Svalbard and Jan Mayen Islands, 4:329 – 332 crime in, 4:329 – 330 ﬁnding of guilt in, 4:330 – 331 legal system in, 4:329 – 330 prison /punishment for crimes, 4:331 rights of the accused, 4:331 Swaziland, 1:211 – 218 crime in, 1:214 – 215 ﬁnding of guilt in, 1:215 – 217 legal system, 1:211 – 213 police in, 1:213 – 214 punishment for crimes, 1:217 Sweden, 4:332 – 342 crime in, 4:332 – 334 ﬁnding of guilt in, 4:334 – 337 juvenile justice system, 4:337 – 338 police in, 4:332 prison in, 4:339 – 342 punishment for crimes, 4:338 – 339 rights of the accused, 4:340 Switzerland, 4:342 – 352 crime in, 4:344 – 347 ﬁnding of guilt in, 4:347 – 349 juvenile justice system, 4:345 – 346, 349 – 350 legal system, 4:343 – 344 punishment for crimes, 4:350 – 351

Syria, 1:368 – 374 crime in, 1:370 – 371 ﬁnding of guilt in, 1:371 – 373 legal system in, 1:370 punishment for crimes, 1:373 – 374 Ta’azir punishment in Comoros, 1:52 in Iran, 1:270 in Oman, 1:337 in Saudi Arabia, 1:352 Tackling Violent Crime Act (2008, Canada), 2:81 Taiwan (Republic of China), 3:222 – 232 crime in, 3:224 – 226 ﬁnding of guilt in, 3:226 – 230 juvenile justice system, 3:227 legal system in, 3:222 – 223 police system in, 3:223 – 224 prison system, 3:231 – 232 punishment for crimes, 3:230 – 231 rights of the accused, 3:227 – 228 Tajikistan, 3:232 – 239 crime in, 3:234 – 235 ﬁnding of guilt in, 3:235 – 237 legal system, 3:233 – 234 police system in, 3:234 prison system, 3:238 punishment for crimes, 3:237 – 238 Tanzania, 1:218 – 226 crime in, 1:219 – 222 extradition law, 1:231 ﬁnding of guilt in, 1:222 – 224 juvenile justice system, 1:224 legal system in, 1:222 – 224 police in, 1:218 – 219 punishment for crimes, 1:224 – 226 Terrorism in Algeria, 1:250 – 251, 253 in Angola, 1:4 in Djibouti, 1:64 in Ecuador, 2:144 in Egypt, 1:262 in Ethiopia, 1:77 – 78 in Grenada, 2:168 in Iraq, 1:274, 278, 281 in Israel, 1:285, 287 in Jordan, 1:299, 301 in Kazakhstan, 3:111 in Kenya, 1:106, 107 in Kuwait, 1:305 in Lebanon, 1:324 in Mayotte, 1:147 in Moldova, 4:227 in Niger, 1:159 in Nigeria, 1:164 in Oman, 1:338 in Pakistan, 3:188 – 189

© 2011 ABC-Clio. All Rights Reserved.

in the Philippines, 3:195 in Réunion, 1:168 in Russia, 4:285 in Saudi Arabia, 1:350 – 351, 353 – 354, 1:353 – 354, 360 in Somalia, 1:199, 201 in Spain, 4:325 in Swaziland, 1:215, 218 in Syria, 1:371 in Tajikistan, 3:235 in Tanzania, 1:221 in Tunisia, 1:375 in Turkey, 3:263 in Uganda, 1:231, 1:233 – 234 in United Arab Emirates, 1:380, 382 in United Kingdom / England, 4:363 in United Kingdom / Northern Ireland, 4:373 in Vatican City and the Holy See, 4:401 in Yemen, 1:384 Terrorist and Disruptive Activities Act (India, 1987), 3:88 Thailand, 3:239 – 251 crime in, 3:240 – 243 ﬁnding of guilt in, 3:243 – 247 juvenile justice system, 3:241, 3:246 – 247 legal system in, 3:239, 245 police system in, 3:240 prison system, 3:248 – 250 punishment for crimes, 3:247 – 248 Timor-Leste, 3:251 – 262 courts /commissions for serious crimes, 3:255 – 257 crime in, 3:254 – 255 domestic courts, 3:257 – 259 juvenile justice system, 3:261 legal system in, 3:253 – 254 punishment for crimes /prisons, 3:259 – 261 Togo, 1:226 – 230 crime in, 1:227 – 228 ﬁnding of guilt in, 1:228 – 229 legal system in, 1:226 – 227 prisons /punishment for crimes, 1:229 Tokelau. See Polynesia Tonga, 3:350 – 358 crime in, 3:354 – 356 ﬁnding of guilt in, 3:356 – 357 legal system, 3:351 – 353 police in, 3:353 – 354 prison system, 3:357 – 358 punishment for crimes, 3:357 Trafficking in Persons Prohibition Act (2003), 2:45 Trafficking in Persons Report (U.S. Department of State), 1:68, 221, 250, 307, 2:267, 3:112

Index

Trafficking Victims Protection Act (U.S.), 1:214, 354 Transcendental Meditation (TM) program, 1:188 TransMONEE database (UNICEF), 3:271 Transnational Federal Charter (Somalia), 1:203 Transnational Federal Government (TFG, Somalia), 1:199 – 200 Transparency International, Global Corruption Barometer, 2:181 Treason and State Offences Act (Sierra Leone, 1963), 1:194 Tribunal of Penal Annulment (Costa Rica), 2:111, 115 Trinidad and Tobago, 2:313 – 322 crime in, 2:316 – 317 ﬁnding of guilt in, 2:318 – 319 juvenile justice system, 2:319 legal system, 2:314 – 316 plea bargaining in, 2:319 police in, 2:316 prison system, 2:320 – 321 punishment for crimes, 2:319 – 321 rights of the accused, 2:318 Truth and Accountability Commission (TAC, Bangladesh), 3:34 Tunisia, 1:374 – 377 crime in, 1:375 – 376 ﬁnding of guilt in, 1:376 legal system, 1:374 – 375 police in, 1:375 prison system, 1:376 Turkey, 3:262 – 268 crime in, 3:263 – 264 ﬁnding of guilt in, 3:264 – 266 juvenile justice system, 3:266 legal system, 3:262 police practices, 3:262 – 263 prison system, 3:267 – 268 punishment for crimes, 3:266 – 267 rights of the accused, 3:265 Turkmenistan, 3:268 – 275 crime in, 3:270 – 272 ﬁnding of guilt in, 3:272 – 273 legal system, 3:269 police practices, 3:269 – 270 punishment for crime/prison in, 3:273 – 275 rights of the accused, 3:272 – 273 Turks and Caicos Islands (TCI), 2:322 – 328 crime in, 2:324 – 326 ﬁnding of guilt in, 2:326 legal system, 2:323 – 324 prison system, 2:327 – 328 punishment for crime, 2:326 – 328

Tuvalu. See Polynesia Uganda, 1:230 – 236 crime in, 1:231 – 232 ﬁnding of guilt in, 1:232 – 233 juvenile justice system, 1:233 legal system in, 1:230 police in, 1:230 – 231 prison system, 1:235 – 236 punishment for crimes, 1:233 – 235 rights of the accused, 1:232 – 233 UK Human Rights Act (1998), 3:341 Ukraine, 4:352 – 360 crime in, 4:353 – 355 ﬁnding of guilt in, 4:355 – 357 juvenile justice system, 4:356 – 357 legal system, 4:352 – 353 prison system, 4:358 – 360 punishment for crimes, 4:357 – 358 UN (United Nations) Angola’s commitment to, 1:3 Botswana incarceration rates, 1:16 on crime against women, 1:59 crime survey, 1:181 CVR creation participation, 1:26 forces sent to Somalia, 1:199 Integrated Regional Information Networks, 1:61 – 62 Lebanon Security Council resolutions, 1:313, 3322 MONUC peacekeeping force, 1:55 UN Center for International Crime Prevention (CICP), 2:66 UN Commission of Experts (CoE), 3:257 UN Commission on Human Rights, 1:132 UN Commission on International Trade Law (1985), 3:197 UN Committee against Torture (CAT), 1:332, 3:280 UN Committee on the Elimination of Racial Discrimination, 3:118 UN Committee on the Rights of the Child, 2:59, 3:272 UN Congress on the Prevention of Crime and the Treatment of Offenders (1980), 3:250 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), 1:113, 2:57, 4:19 UN Convention against Psychotropic Substances (1971) Belize data, 2:44 Bolivia data, 2:56 Chile data, 2:94 El Salvador data, 2:153

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I-29

Honduras data, 2:202 Lesotho data, 1:113 Philippines data, 3:196 San Vicente and the Grenadines data, 2:302 Venezuela data, 2:356 UN Convention against Transnational Organized Crime, 4:79, 196 UN Convention on Organized Crime, 1:239 UN Convention on Psychotropic Substances (1971), 2:56, 94, 153, 202, 302 UN Convention on the Rights of the Child (CRC), 1:360, 3:190 UN Convention on Transnational Organized Crime, 2:166 UN Corruption Report (2001), 1:318 UN Côte d’Ivoire (UNICO) report, 1:101 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 2:103 UN Department of Safety and Security (UNDSS), 3:8 UN Development Program (UNDP) Azerbaijan data, 3:25 Bangladesh data, 3:25 Bhutan data, 3:41 Brunei Darussalam data, 3:52 Cambodia data, 3:52 Guatemala data, 184, 2:179, 181 Laos data, 3:126 Melanesia data, 3:308 Mongolia data, 3:163 Philippines data, 3:198 South Africa data, 1:205 Timor-Leste data, 3:260 UN Drug and Crime Office, 1:98 UN Drug Convention (1988), 2:94, 202, 267, 302 UN General Assembly Special Session on HIV/AIDS (UNGASS) report, 1:306 – 307 UN High Commissioner for Human Rights, 3:260 UN High Commissioner for Refugees (UNHCR), 1:38, 2:30, 98, 3:46 UN Human Development organization, 2:9 UN Human Rights Commission (UNHRC), 1:299 UN Initial Report of States Parties due in 1997, 1:311 UN Integrated Mission in Timor-Leste, 3:254, 258 UN Integrated Regional Information Networks (UNIRIN), 1:33

I-30

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Index

1: Africa and the Middle East 2: The Americas 3: Asia and Paciﬁc 4: Europe UN Interim Force in Lebanon (UNIFL), 1:313 UN International Crime Victim Survey (UNICVS), 3:56, 57 – 58 UN International Drug Control Programme (UNDCP), 1:319, 3:154 UN International Police (UNPOL), 1:118 – 119 UN Labor Organization, 1:250 UN Land and Property Unit, 3:261 UN Mission in Liberia (UNMIL), 1:118 UN Mission in the Central African Republic and Chad European Union Force (UN MINURCAT), 1:45 UN Office of Humanitarian Affairs, 3:285 UN Office on Drugs and Crime (UNODC) Afghanistan data, 3:8, 10 Bhutan data, 3:42 Botswana data, 1:13 Brazil data, 2:67 Brunei Darussalam data, 3:49 Cape Verde data, 1:32, 33 Colombia data, 2:102 Ethiopia data, 1:78 Guatemala data, 2:180 – 181 Haiti data, 2:196 Kazakhstan data, 3:112 Kenya data, 1:108 Macedonia data, 4:214 Mexico Data, 2:224 Myanmar data, 3:169 Nepal data, 3:176 Panama data, 2:267 South Africa data, 1:206 Suriname data, 2:313 Tunisia data, 1:375 Turkmenistan data, 3:270 Uruguay data, 2:350 – 351 UN Police Vulnerable Persons Unit, 3:260 UN Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, 1:332 UN Report on International Human Rights, 2:249 UN Single Convention on Narcotic Drugs (1961, 1972 amendment), 2:56, 94, 302 UN Special Panels for Serious Crimes, 3:256

UN Special Rapporteur for Violence Against Women, 1:276, 3:4, 238 UN Standard for Minimum Rules for the Administration of Juvenile Justice, 1:241, 2:229 UN Standard for Minimum Rules for the Treatment of Prisoners, 2:18, 115 UN Survey of Crime Trends and Operations of Criminal Justice Systems, 1:214, 370 – 371 Hong Kong data, 3:78 Latvia data, 4:188 Macedonia data, 4:213, 214 Nepal data, 3:176 Saudi Arabia data, 1:360 Turkmenistan data, 3:271, 273 UN Tenth Survey of Crime Trends and Operation of Criminal Justice Systems, 1:299 UN Trafficking in Persons Protocol, 1:371 UN Transitional Administration (UNTAET), 3:253, 259 UN Transitional Authority in Cambodia (UNTAC), 3:53, 56 UN World Crime Survey, 1:355, 2:158 Undang-undang Melaka laws (Malaysia), 3:141 UNICEF DRC children data, 1:55 Malawi juvenile data, 1:132 – 133 police training in Sudan, 1:366 Saint Vincent and the Grenadines data, 1:305 Swaziland data, 1:214 TransMONEE database, 3:271 Turkmenistan data, 3:271 – 272 Uniform Crime Reports (UCR) Canada data, 2:76 – 77 Navajo Nation data, 2:241 United States of America data, 2:330 – 332 United States Virgin Islands data, 2:342 Uruguay data, 2:350 United Arab Emirates (UAE), 1:377 – 384 crime in, 1:378 – 380 ﬁnding of guilt in, 1:380 – 382 legal system in, 1:378 – 381 police in, 1:382 prison /punishment for crimes, 1:383 United Kingdom/England, 4:360 – 371 crimes in, 4:362 – 364 ﬁnding of guilt in, 4:364 – 366 legal system, 4:361 – 362 police in, 4:362

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prison system, 4:369 – 370 punishment for crimes, 4:366 – 369 United Kingdom/Northern Ireland, 4:371 – 379 crime in, 4:374 – 377 juvenile justice system, 4:375 – 376 legal system, 4:371 – 372 police in, 4:373 – 374 prison system, 4:379 punishment for crimes, 4:377 – 379 terrorism in, 4:373 United Kingdom/Scotland, 4:380 – 389 crime in, 4:380 – 381 ﬁnding of guilt in, 4:383 – 385 juvenile justice system, 4:385 legal system, 4:383 police in, 4:381 – 382 prison system, 4:387 – 388 punishment for crimes, 4:385 – 387 rights of the accused, 4:384 United Kingdom / Wales, 4:389 – 397 crime in, 4:391 – 394 juvenile justice system, 4:396 legal system, 4:389 – 391 police in, 4:391 prison system, 4:395 – 397 punishment for crimes, 4:394 – 395 United States of America, 2:328 – 339 CARE campaign, 1:190 Constitutional Amendments, 2:332 – 333, 344 crimes in, 2:328 – 331 Democracy, Human Rights, and Labor Bureau, 1:144 extradition law, 2:338 – 339 ﬁnding of guilt in, 2:332 – 335 juvenile justice system, 2:335 – 337 legal system, 2:327 – 328, 334 – 335 Narcotics Agreement (1984), 2:84 plea bargaining in, 2:334 prison system, 2:327 – 328 punishment for crime, 2:335 – 339 rights of the accused, 2:332 – 333 Trafficking Victims Protection Act, 1:214 withdrawal from Somalia, 1:199 United States Virgin Islands (USVI), 2:339 – 347 crime in, 2:342 – 343 ﬁnding of guilt in, 2:343 – 344 juvenile justice system, 2:345 legal system, 2:339 – 340, 2:339 – 341 police in, 2:342 prison system, 2:345 – 346 punishment for crime, 2:344 – 345 Universal Declaration of Human Rights (1948), 1:101, 3:4, 189

Index

Universal Declaration of Rights of Man, 2:55 Universal Jurisdiction Courts of First Instance (Armenia), 3:17 – 18 Uruguay, 2:347 – 353 crime in, 2:349 – 351 ﬁnding of guilt in, 2:351 – 352 juvenile justice system, 2:352 legal system, 2:348 – 349 prison system, 2:352 – 353 punishment for crime, 2:352 – 353 rights of the accused, 2:352 U.S. Agency for International Development (USAID) Belize data, 1:42 Guatemala data, 2:181, 184 Mexico data, 1:226 Paraguay data, 1:271 Uruguay data, 1:348 Zambia data, 1:239 Uzbekistan, 3:275 – 286 crime in, 3:280 – 282 ﬁnding of guilt in, 3:276 – 280 juvenile justice system, 3:279, 284–285 policing practices, 3:275 – 276 prison system, 3:285 – 286 punishment for crimes, 3:282 – 285 rights of the accused, 3:279 – 280 Vanuatu. See Melanesia Vatican City and the Holy See, 4:397 – 403 crime in, 4:401 – 402 ﬁnding of guilt in, 4:400 – 401 legal system, 4:399 – 400 punishment for crimes /prison in, 4:402 – 403 Venezuela, 2:353 – 366 crime in, 2:355 – 357 ﬁnding of guilt in, 2:357 – 360 juvenile justice system, 2:360 – 361 legal system, 2:354 – 355 prison system, 2:363 – 366 punishment for crimes, 2:361 – 363 rights of the accused, 2:357 Victims and Witnesses Protection Program (El Salvador), 2:155

Vietnam, 3:286 – 298 crime in, 3:289 – 291 ﬁnding of guilt in, 3:291 – 295 juvenile justice system, 3:295 legal system, 3:286 – 287 policing practices, 3:287 prison system, 3:296 – 297 punishment for crimes, 3:295 – 296 Violations of Arms Act (1965, Pakistan), 3:188 Violence against women in The Bahamas, 2:26 in Afghanistan, 3:9 in Antigua and Barbuda, 2:7 in Bolivia, 2:59 in Botswana, 1:13 in Burkina Faso, 1:19 – 20 in Comoros, 1:51 in Equatorial Guinea, 1:68 in Guinea, 1:92 in Kenya, 1:106 in the Palestinian Territories, 1:343 in Somalia, 1:200 – 201 See also Domestic violence; Rape Violence Against Women Surveys (Finland), 4:105 Wales. See United Kingdom/Wales Wallis and Futuna. See Polynesia West Pakistan Family Ordinance (1964), 3:190 White Paper on Crime (South Korea), 3:212 Wildlife crimes in Kenya, 1:107, 107 (photo) in Zambia, 1:239 Witness-Protection Program (South Africa), 1:207 Women and Children Repression Prevention Act (Bangladesh), 3:30 Women’s Empowerment Conference (Saint Kitts and Nevis), 2:294 Women’s Justice Unit of the Judicial System Monitoring Programme (Timor-Leste), 3:255 Women’s Network of Timor Lorosa’e, 3:255

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I-31

World Drug Report (UN Office on Drugs and Crime), 2:67, 267, 350, 3:49, 4:214 World Health Organization (WHO) Egypt homicide data, 1:262 Gabon data, 1:80 Haiti data, 2:196 HIV/AIDS report (2002), 1:45 homicide report (2004), 1:19 Iraq Family Health Survey, 1:276 Kenya homicide data, 1:106 Kyrgyzstan data, 3:119 – 120 Latvia data, 4:188 Turkmenistan data, 3:271 World Organization against Torture, 1:45, 3:275 The World Prison Population List Jordan data, 1:301 Myanmar data, 3:170 – 171 Qatar data, 1:349 Syria data, 1:373 United Arab Emirate data, 1:383 Yemen, 1:384 – 387 crime in, 1:384 – 385 legal system in, 1:385 – 386 police in, 1:385 punishment for crimes, 1:386 Youth Justice Law (2005, Cayman Islands), 2:83, 86 Zambia, 1:236 – 242 crime in, 1:238 – 240 ﬁnding of guilt in, 1:240 juvenile justice system, 1:241 legal system, 1:237 police in, 1:237 – 238 prison system, 1:241 – 242 punishment for crimes, 1:240 – 242 Zimbabwe, 1:242 – 246 crime in, 1:243 – 244 ﬁnding of guilt in, 1:244 – 245 legal system in, 1:242 – 243 prisons/punishment for crimes, 1:245 – 246, 246