Torture, Mistreatment, and Forced Confessions in Mexico’s Accusatorial Criminal Justice System

Abstract This article examines the impact of Mexico’s 2008 criminal justice reform on the practice of utilizing torture and mistreatment to extract criminal confessions. Complaint data submitted to the National Commission on Human Rights (Comisión Nacional de Derecho Humanos, CNDH) and detainee survey data compiled by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI) were employed to assess if the use of torture and mistreatment by judicial sector operators had decreased (1) in states with advanced levels of reform implementation and (2) in judicial districts that had already implemented the reform. The author also examined the incidence of forced confessions before and after the reform’s implementation at the judicial district level. The author hypothesized that decreases in torture, mistreatment, and forced confessions would be observed in each of these cases. Basic correlation and regression tests were employed to assess the geographic hypothesis, while two chi-square tests for independence were used for judicial district data. The results of these analyses demonstrate evidence rejecting the null hypothesis in each instance, suggesting that the reform can indeed be credited for small but meaningful reductions in torture, mistreatment, and forced confessions in Mexico. The author argues that reforms must be accompanied by further action to address the pervasive use of torture and mistreatment in Mexico.

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Main Author: Kuckertz,Rita E.
Format: Digital revista
Language:English
Published: Universidad Nacional Autónoma de México, Instituto de Investigaciones Jurídicas 2021
Online Access:http://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S1870-05782021000200003
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spelling oai:scielo:S1870-057820210002000032022-05-23Torture, Mistreatment, and Forced Confessions in Mexico’s Accusatorial Criminal Justice SystemKuckertz,Rita E. Torture mistreatment criminal justice accusatorial system human rights Abstract This article examines the impact of Mexico’s 2008 criminal justice reform on the practice of utilizing torture and mistreatment to extract criminal confessions. Complaint data submitted to the National Commission on Human Rights (Comisión Nacional de Derecho Humanos, CNDH) and detainee survey data compiled by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI) were employed to assess if the use of torture and mistreatment by judicial sector operators had decreased (1) in states with advanced levels of reform implementation and (2) in judicial districts that had already implemented the reform. The author also examined the incidence of forced confessions before and after the reform’s implementation at the judicial district level. The author hypothesized that decreases in torture, mistreatment, and forced confessions would be observed in each of these cases. Basic correlation and regression tests were employed to assess the geographic hypothesis, while two chi-square tests for independence were used for judicial district data. The results of these analyses demonstrate evidence rejecting the null hypothesis in each instance, suggesting that the reform can indeed be credited for small but meaningful reductions in torture, mistreatment, and forced confessions in Mexico. The author argues that reforms must be accompanied by further action to address the pervasive use of torture and mistreatment in Mexico.info:eu-repo/semantics/openAccessUniversidad Nacional Autónoma de México, Instituto de Investigaciones JurídicasMexican law review v.14 n.1 20212021-12-01info:eu-repo/semantics/articletext/htmlhttp://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S1870-05782021000200003en10.22201/iij.24485306e.2021.1.16091
institution SCIELO
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country México
countrycode MX
component Revista
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databasecode rev-scielo-mx
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region America del Norte
libraryname SciELO
language English
format Digital
author Kuckertz,Rita E.
spellingShingle Kuckertz,Rita E.
Torture, Mistreatment, and Forced Confessions in Mexico’s Accusatorial Criminal Justice System
author_facet Kuckertz,Rita E.
author_sort Kuckertz,Rita E.
title Torture, Mistreatment, and Forced Confessions in Mexico’s Accusatorial Criminal Justice System
title_short Torture, Mistreatment, and Forced Confessions in Mexico’s Accusatorial Criminal Justice System
title_full Torture, Mistreatment, and Forced Confessions in Mexico’s Accusatorial Criminal Justice System
title_fullStr Torture, Mistreatment, and Forced Confessions in Mexico’s Accusatorial Criminal Justice System
title_full_unstemmed Torture, Mistreatment, and Forced Confessions in Mexico’s Accusatorial Criminal Justice System
title_sort torture, mistreatment, and forced confessions in mexico’s accusatorial criminal justice system
description Abstract This article examines the impact of Mexico’s 2008 criminal justice reform on the practice of utilizing torture and mistreatment to extract criminal confessions. Complaint data submitted to the National Commission on Human Rights (Comisión Nacional de Derecho Humanos, CNDH) and detainee survey data compiled by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI) were employed to assess if the use of torture and mistreatment by judicial sector operators had decreased (1) in states with advanced levels of reform implementation and (2) in judicial districts that had already implemented the reform. The author also examined the incidence of forced confessions before and after the reform’s implementation at the judicial district level. The author hypothesized that decreases in torture, mistreatment, and forced confessions would be observed in each of these cases. Basic correlation and regression tests were employed to assess the geographic hypothesis, while two chi-square tests for independence were used for judicial district data. The results of these analyses demonstrate evidence rejecting the null hypothesis in each instance, suggesting that the reform can indeed be credited for small but meaningful reductions in torture, mistreatment, and forced confessions in Mexico. The author argues that reforms must be accompanied by further action to address the pervasive use of torture and mistreatment in Mexico.
publisher Universidad Nacional Autónoma de México, Instituto de Investigaciones Jurídicas
publishDate 2021
url http://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S1870-05782021000200003
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