Introduction
The state of corruption in the Mexican judicial system and police enforcement is encapsulated in a phrase by Bailey and Taylor (2009, p. 3), “Government and organized criminal groups co-exist in uneasy equilibrium.” Justification of the statement is based on the argument that corruption in Mexico is inseparable from crime and drugs, which places the integrity of institutions charged with dispensing justice and maintaining law and order into jeopardy. Any attempts by the government to control or repress activities and operations of criminal groups are often met with cunning strategies such as evasion, corruption, or confrontation. Bailey and Taylor (2009) observed that incidences of criminal groups violently confronting the state are a common phenomenon. Corruption is a common tool employed by criminals to evade prosecution. One can argue that the vice has entrenched itself into the Mexican judicial and police systems, significantly impairing service provision. For instance, Meyer (2013) posited that “In Mexico, one is guilty until proven innocent.” The statement summarizes the situation in these state organs that have exalt corruption instead of fighting it. Preview of the article by Meyer (2013) reveals that innocent individuals arrested by police have to bribe their way to freedom or face conviction for crimes they did not commit. In light of these findings, it is imperative to examine how the Mexican judicial and police systems are implicated in the vice. The importance of the topic is evident because crime and violence dominate mainstream media hence the need for implementation of reforms that will improve security and administration of justice. This paper examines the incidence of corruption among the Mexican judicial and police systems its implications necessitating reforms. The paper contextualizes the topic in Mexico, examines the role of the US, offers transformative suggestions, and predicts how the future is likely to unfold.
Contextualizing the Vice in Mexican Judicial and Law Enforcement Systems
Rampant corruption in the Mexican judicial and police agencies is an outcome of absent political will by the state leadership to institute strategies and invest in reforms that have been long overdue. According to Noriega and Trigos (2015), new initiatives have demonstrated the state’s passive approach and have highlighted the extraordinary weakness of relevant institutions and wide spread corruption at different state and local levels. Noriega and Trigos (2015) highlighted key points that have contributed to laxity and corruption taking root in state institutions:
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Prioritization of social and economic agenda over security by the president which is perceived to be unrealistic, evidence by the failing security policy in the country
Unwillingness to invest political capital and finances towards the development of a robust judicial system that will apply the rule of law against violence and corruption,
Globalization of drug trafficking that has caused infiltration of neighboring states including the U.S. elevating insecurity and corruption
Mexico is currently at crossroads following the realization that building economic prosperity without proper and working security policies is at best a fallacy. Security in Mexico has immensely been impaired by corruption from drug related crime and violence where those suspected or found culpable resort to tools of evasion, corruption, or confrontation (Bailey & Taylor, 2009). The human rights report of 2015 posited that Mexico’s population is approximated at 112 million, with the federal state composed of 31 states. Findings by the Mexican Competitiveness Institute and the Center for Research and Training Economics posited in the article by Casar (2015) indicate that corruption was perceived by over 65% of the population in the public sector and 44% of business men acknowledged parting with a bribe. It is evident that the culture of corruption has significantly dented the public trust of institution charged with upholding the rule of the rule of the law and democracy. Perception of corruption in political parties and legislative branch, institutions supposed to serve as pillars of democracy, is high at 91% and 83% respectively.
However, the effects of corruption are more evident at the judicial and law enforcement agencies, severely impairing maintenance of law and order and administration of justify as criminals pay hefty sums to pacify the police and judges and buy freedom to run illegal operations including drug trafficking. According to Meyer (2013), cases of innocent individuals getting caught up in drug war in Mexico are common occurrences. Meyer cites a 2012 report by the Mexican Center for Teaching and Research Economics on eight prisons, which established that 60% of prisoners were convicted of drug crimes. More than 43% of these prisoners observed that they did not have a lawyer present at their testimony, 44% argue that the lawyer failed to explain to them the proceedings at the trial, and 51% cited lack of any advice from the attorney. These statistics raise more questions than answers, but given the rampant nature of corruption in Mexican institutions, one is justified to attribute the negligence and incompetence of state officers to corruption. It is likely that criminals bribe the police and judges to implicate innocent individuals who do not have the financial power to afford the best lawyers. A worrying trend, according to Meyer (2013) is that only a few of such cases find their way to public platforms with majority of innocent victims suffering in the dark.
Corruption has infiltrated public and private sectors in Mexico. A 2016 report on corruption in Mexico by the Business Anti-corruption Center posited that the vice is a significant risk for companies operating within the country. Bribery is a wide spread vice in the police, judiciary, and business registration processes. On the other hand, the culture of corruption has paved way for organized crime to thrive, hence disrupting business and imposing large costs on companies. Notable is the prevalent collusion between police, judges, and criminal groups that has resulted to runaway crime, theft, impunity, and weak enforcement of the law. Despite the existence of laws criminalizing attempted bribery, extortion, abuse of office, bribery of foreign officials, and facilitation, these laws never see the light of day. The culture of corruption is founded on the very state laws. Tyburski (2012) established that remittances, a requirement by law, facilitate maintenance of policies that create corrupt state-society relations by the government. Such is the expectation in a society where the police and judges partake in the vice that creating a gap in enforcement of the laws. For instance, the use of force by Mexican police has been linked to divergent corruption including extortion, crimes, and misuse of authority in private matters resolution (Silva Forné, 2016).
Concerns have been raised by stakeholders including the United States of the effects from rampant narcotic trade by Mexican criminal groups. Violence and corruption have been termed by U.S officials as threats to national security. The spread of the vices is partly a contribution of the transnational criminal organization, an outcome of globalization. While smuggling is decades long, the complexity in its nature as a threat to security is attributed to the highly corrupt culture in the Mexican government, an intricate ally of the U.S government. Therefore, the U.S is evidently at crossroads as it seeks out strategies for fighting a war whose effects threaten the very existence of democratic institutions charged with law enforcement and administration of justice. The flurry on either side to initiate reforms that will curb runaway corruption in the Mexican state institutions reflect the gravity of the matter, with the U.S knowing that spillage effects of crime violence and corruption are not only a threat to its national security, but economic prosperity as well.
The Role of the United States in the Matter
Implementation of laws against drug trafficking and corruption in the U.S starkly contrasts with approaches by the Mexican government. One can argue that the strictness with which the U.S holds its state officers to account has nurtured a culture of integrity and trust among office holders of office in federal institutions and the public. Such an environment is unconducive for practices seen across the border. It is likely that obstacles presented by the U.S law enforcement and judicial systems are what breeds the development of underhand tactics by Mexican criminal groups seeking to penetrate the U.S illegal drugs’ market. Therefore, it is only imperative that reforms to institutions intended to curb the runway corruption must be collaborative efforts of thee stakeholders at immediate risk of the vice – Mexico and the U.S.
Transformations in the U.S are spearheaded through the recent reforms on overseas anti-corruption laws, which according to Binkovitz (2013), are changing the landscape of international business. Ant-corruption enforcement efforts were increased by thee Obama administration under the Foreign Corrupt Practices Act. The law makes investment and acquisitions in corruption prone economies a veritable minefield and Mexico is no exception. As a result, Mexico stands to lose potential investors if it does not undertake necessary reform to sanitize its state institution of the vice. In addition, the U.S spearheads policies and campaigns intended to assist Mexico extricate itself from shackles of drug related crime, violence, and corruption that create major security concerns and are detrimental to economic growth and prosperity.
Suggestions for Transformative Changes
The question of whether Mexico can save itself from the clutches of corruption cannot generate certain answers given the past events that brought corruption in Mexican state agencies to global audience. For instance, the infamous escape of El Chapo, which can only be attributed incompetence on the part of state officers due to corruption. Honor among thieves is a rare phenomenon, therefore, instead of campaigns preaching about moral responsibility, change of tact is necessary to inspire recognition of economic consequences of the vice. Noriega and Trigos (2015) posited that corruption costs Mexico 9% of its GDP while violence costs 22% of GDP, significant amount by any standards. Recognition of the significance of such losses requires affirmative action. In addition, reforms in the judicial and police departments must be initiated and parameters enacted to bring corrupt state officials to book. Zero tolerance to corruption should be the operating motto of all state and private agencies to dissuade prospective perpetrators of the vice.
Projecting the Future
The number of years it took Mexican state agencies to entrench the culture of corruption into their operation is uncertain, and so is the time it will take to rid them of the vice. Such are the fears harbored by some stakeholders because corruption and violence are not by chance, but rather outcomes of a system rotten to the core. Drug trafficking and smuggling dominate new headlines in Mexico and it would be largely unfounded to think that such practices can be effortlessly wished away. Confrontation is a likely outcome if evasion and corruption tools employed by criminals fail to yield desired outcomes. It would take Mexico a long time to correct the prevalent culture of corruption and impunity, but the task is achievable. Evidence presented in Shirk (2010) shows that Mexico is undertaking major transformation of is judicial sector.
The state has gradually implemented reforms with the hope that there would be a dramatic improvement in public security and administration of justice in the next decade. Such reforms emphasize on the democratic rule of law, a phenomenon that has remained elusive as criminal groups influence proceeding through bribery, extortion, and violence. However, one can only speculate whether the state can extricate itself from the claws of criminals to implement reforms in a just manner, or if the lack of political will lead to laxity as currently is the case with implementation and enforcement of existing anti-corruption laws. For these reasons, Mexico free of bribery, extortion, and violence remains an uncertain dream.
Conclusion
Findings presented herein show that the Mexican government has been crippled by corrupt cartels, which have infiltrated the justice and law enforcement systems, severely impairing with public security and administration of justice. Mexico incurs significant economic losses annually from corruption and crime related violence, a situation that is detrimental to economic growth and prosperity. A result, the government is undertaking transformative steps to reform its justice and police sectors with the hope of realizing benefits in the near future. The task presents an immense challenge due to deeply entrenched corruption culture, but Mexico has no other alternative. The significance of corruption and violence as threats to security and economy of neighboring countries has seen the U.S undertake reforms of its Foreign Corrupt Practices Act implying that enacting of even stricter laws is likely to exclude Mexico from the global economic arena if drastic measures are not taken to curb the vice of corruption in its government.
Annotated Bibliography
Bailey, J., & Taylor, M. M. (2009). Evade, corrupt, or confront? Organized crime and the state in Brazil and Mexico. Journal of Politics in Latin America , 1 (2), 3-29.
The authors present the strategies and tools employed by criminal groups to circumvent the law. It also highlights how judicial and police systems toe the line by being bed fellows with criminals. The articles shed light into the role of state agencies as collaborators in perpetration rather than victims of corruption.
Binkovitz, I. A. (2013). Recent Changes in US and UK Overseas Anti-Corruption Enforcement Under the FCPA and the UK Bribery Law: Private Equity Compliance. Mich. J. Private Equity & Venture Cap. L. , 3 , 75.
This paper illustrates the challenge Mexico faces if it fails to initiate reform of its government systems. The significance of corruption is highlighted by the prospects of Mexico being locked out of any dealing due to classification a corruption hot spot. The paper is critical in understanding what Mexico stands to lose or gain depending on the outcomes of its reforms against corruption.
Casar, M. A. (2015, may). México: Anatomía de la Corrupción [Mexico: Anatomy of Corruption], Instituto Mexicano para la Competitividad. Retrieved 15/9/2017 from: http://imco.org.mx/politica_buen_gobierno/mexico-anatomia-de-la-corrupcion/.
The article provides factual evidence of the decay in public trust of state institutions supposed to advance democracy and uphold the rule of law. It father shows the immense challenge that needs to be addressed through reforms to reinstate the trust of the public in judicial and police systems.
Meyer, M. (2013, Jun). In Mexico, guilty till proven innocent. CNN. Retrieved 15/9/2017 from: http://edition.cnn.com/2013/06/05/opinion/meyer-mexico-corruption/index.html.
This article presents the effects of corruption on the public through case studies of the predicament of innocent individuals convicted of crimes they did not commit. The article highlights how corruption has distorted judicial and police system robbing them of independence to operate democratically in discharging their mandated functions.
Noriega, R. F., & Trigos, F. (2015). Mexico’s cycle of crime and corruption. American Enterprise Institute. Retrieved 15/9/2017 from: https://www. aei. org/wp-content/uploads/2015/09/Mexicos-Cycle-of-Crime-and-Corruption. pdf [dostęp 05.08. 2016] .
The article presents the findings form studies conducted by different agencies showing the true implication of corruption, violence and related vices on the country. The judiciary and the police are cited as critical arms of the government where the vice is rampant. This aids understanding of the dynamics of corruption and violence and the role of these agencies in reversing the trend.
Shirk, D. A. (2010). Justice reform in Mexico: change & challenges in the judicial sector. Shared Responsibility , 205.
This paper can be translated as a call to action for stakeholders and advocates of reforms. It specifically targets the reforms in the justice department by recognizing efforts made by the government to sanitize the judiciary and the police to ensure public security and administration of justice. The article provides insights into what the future may hold for Mexico and whether the goal to rid its state of corrupt officers can be realized.
Silva Forné, C. (2016). The excessive use of force by Mexico City law enforcement agencies: corruption, normal abuse and other motives. Mexican law review , 9 (1), 3-21.
This article places the police in the spotlight by highlighting how impunity drives their operations that are otherwise supposed to accord people democracy. Police hostility is linked the culture of corruption where bribery, extortion, and violence are common. This paper contextualizes the police in this research study by highlighting the effects of corruption on law enforcement system.
Tyburski, M. D. (2012). The resource curse reversed? Remittances and corruption in Mexico. International Studies Quarterly , 56 (2), 339-350.
The article tries to explain the origins of the rampant corruption in the government. The researcher places blame directly on the government for its role in implementing systems that aid the vice. The article provides useful insights into why corruption is so prevalent within government agencies making it easier to identify areas to be targeted in the reforms.
