Most people believe that criminal justice in Colombia is rife with impunity and corruption. Elvira María Restrepo delves beneath such beliefs to reveal a system driven at a fundamental level by fear and distrust from outside the system itself. With the present difficulties in the country tantamount to a state of irregular war, the judiciary is in crisis. It has to contribute to the construction of peace and the reconstruction of trust, or perish.
A study and analysis of lack of enforcement against criminal actions in corporate America and what can be done to fix it. In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn’t happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don’t have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. “We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks,” he says. He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings.” All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice. “Professor Coffee’s compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.” —Robert Jackson, professor of Law, New York University, and former commissioner, Securities and Exchange Commission “A great book that more than any other recent volume deftly explains why effective prosecution of corporate senior executives largely collapsed in the post-2007–2009 stock market crash period and why this creates a crisis of underenforcement. No one is Professor Coffee’s equal in tying together causes for the crisis.” —Joel Seligman, author, historian, former law school dean, and president emeritus, University of Rochester
Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine.
This book studies a significant event in US relations with Latin America, shedding light on the role of dependent states and their foreign policy agency in the process by which local concerns become intertwined with the dominant state’s foreign policy. Plan Colombia was a large-scale foreign aid programme through which the US intervened in the internal affairs of Colombia, by invitation. It proved to be one of the major successes of US foreign policy, and has been credited with stemming a potentially catastrophic security failure of the Colombian state. This book discusses the strategies and practices deployed by the Colombian government to influence US foreign policy decision making at the bureaucratic, legislative and executive levels, and is a distinctive contribution to our understanding of the dynamics of small power agency. Giving a clearer insight into the decision making processes in both the US and Colombia, this book founds its argument on solid empirical analysis assembled from interviews of the major players in the events including: Andres Pastrana, President of Colombia; Thomas Pickering, US State Department; Arturo Valenzuela, Senior Director for Inter-American Affairs at the NSA; General Barry McCaffrey, the US ‘Drug Czar’; and Dennis Hastert, Speaker of the US House of Representatives. Approaching the events in question from a bottom-up theoretical perspective that puts the emphasis on the facts of the case, this book will be of great interest to academics, students and policy makers in the field of foreign policy analysis, US foreign policy studies, and Latin American studies.
Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.
The International Criminal Court emerged in the early twenty-first century as an ambitious and permanent institution with a mandate to address mass atrocity crimes such as genocide and crimes against humanity. Although designed to exercise jurisdiction only in instances where states do not pursue these crimes themselves (and are unwilling or unable to do so), the Court's interventions, particularly in African states, have raised questions about the social value of its work and its political dimensions and effects. Bringing together scholars and practitioners who specialise on the ICC, this collection offers a diverse account of its interventions: from investigations to trials and from the Court's Hague-based centre to the networks of actors who sustain its activities. Exploring connections with transitional justice and international relations, and drawing upon critical insights from the interpretive social sciences, it offers a novel perspective on the ICC's work. This title is also available as Open Access.
The 2009 Failed States Index identifies many nations as being in danger of becoming failed states--in fact, two-thirds of the world's states are critical, borderline, or in danger of becoming just that. Failed states do not possess the necessary conditions to have truly sovereign governments that meet the needs of their populations. Colombia garnered a rating of 89 on the 2009 Failed States Index, just below that of Kyrgyzstan. It has experienced conflict for decades and as the author observed, was a 'paradigm for a failing state' in that it was replete with terrorism, kidnapping, murder, corruption, and general lawlessness. But today it is much safer through the imposition of the Rule of Law. The author addresses the rule of law and its impact on Colombia.--Publisher description.
"An extensive overview of the drug trade in the Americas and its impact on politics, economics, and society throughout the region. . . . Highly recommended."--Choice "A first-rate update on the state of the long-fought hemispheric 'war on drugs.' It is particularly timely, as the perception that the war is lost and needs to be changed has never been stronger in Latin and North America."--Paul Gootenberg, author of Andean Cocaine: The Making of a Global Drug "A must-read volume for policy makers, concerned citizens, and students alike in the current search for new approaches to forty-year-old policies largely considered to have failed."--David Scott Palmer, coauthor of Power, Institutions, and Leadership in War and Peace "A very useful primer for anyone trying to keep up with the ever-evolving relationship between drug enforcement and drug trafficking."--Peter Andreas, author of Smuggler Nation: How Illicit Trade Made America In 1971, Richard Nixon declared a war on drugs. Despite foreign policy efforts and attempts to combat supply lines, the United States has been for decades, and remains today, the largest single consumer market for illicit drugs on the planet. This volume argues that the war on drugs has been ineffective at best and, at worst, has been highly detrimental to many countries. Leading experts in the fields of public health, political science, and national security analyze how U.S. policies have affected the internal dynamics of Mexico, Colombia, Bolivia, Peru, Brazil, Argentina, Central America, and the Caribbean islands. Together, they present a comprehensive overview of the major trends in drug trafficking and organized crime in the early twenty-first century. In addition, the editors and contributors identify emerging issues and propose several policy options to address them. This accessible and expansive volume provides a framework for understanding the limits and liabilities in the U.S.-championed war on drugs throughout the Americas.
