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Criminal Justice Professor Mike Levi PREM Workshop on Innovations in Governance Measurement April 2013.

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Presentation on theme: "Criminal Justice Professor Mike Levi PREM Workshop on Innovations in Governance Measurement April 2013."— Presentation transcript:

1 Criminal Justice Professor Mike Levi PREM Workshop on Innovations in Governance Measurement April 2013

2 Principles of GPSM Diagnostic Work 1.Focus on the functional problem, rather than the solution – the key question is “what is not working and why?”, not “what should this look like?” 2.Engage stakeholders to take advantage of local knowledge and “insider” information to identify functional problems – set out the likely binding constraints and the potential mitigators 3.Use Political economy analysis prospectively – develop scenarios that fuel debate about the likely outcomes, with and without Bank actions 4.Use available evidence and accepted theory to make the case that a given reform will fix the functional problem – spell out the assumed theory of change. 5.Criminal Justice is a complicated issue – several functional problems

3 Justice for whom and what? Criminal justice historically – legality and opportunity principles Criminal justice seen by lawyers and many public as just deserts Late modern view of criminal justice only as one tool among many for effective social responses to local, national and global ‘bads’ Areas of overlap and difference Prioritising ‘signal crimes’ Regulating business and professional misconduct Regulating violence (by ?) against (a) women (b) ethnic minorities Accountability for over-prosecution/’too heavy’ sentencing and Accountability for under-prosecution/over-leniency

4 A simple criminal justice process model Recording Seeing and Reporting as crime Seeing and Recording as crime Prosecuting Investigating Deciding to prosecute Sanctioning Bringing to trial Verdict Sentencing and its application in practice (inc. parole) Appellate Process and interim measures

5 A simple process model: indicators? Recording Seeing and Reporting as crime – public surveys, inspections, observational studies Seeing and Recording as crime – data trends, inspections, key group observers, general public/business victimisation surveys Prosecuting Investigating – sample file reviews of stratified recorded crimes, requests to/responses to foreign requests for information, elapsed time data Deciding to prosecute – legality v opportunity countries, cases sent back for further investigation, reviewability (by whom?)/data on changed decisions, elapsed time data Sanctioning Bringing to trial – elapsed time data (normalised for crime type? Needs care in types) Verdict – what is the ‘right’ percentage convicted? For which crimes? Sentencing and its application – trend data, proceeds of crime seizure/confiscation Appellate Process and interim measures – elapsed time + statutes of limitations

6 Accountability to whom for what? Satisficing the international, national and local stakeholders Target – ‘bringing offenders to justice’ (simple numbers) Target – ‘speedy trials’ (elapsed time investigation-trial?) Target - ‘reassurance policing’ (public anxiety/satisfaction data) What is the social benefit of more criminal justice? Or of more imprisonment (indicator of counter-productiveness - data on social/employment consequences of conviction and imprisonment)

7 Accountability to whom for what? Just deserts are good in themselves (Kant) – but for all victims! (Data on social distribution of convictions for all crimes) Restorative justice (participant satisfaction surveys; reoffending data and their validity; costs of courts and penal establishments; confiscation orders imposed and repaid) Deterrence and rational choice (certainty and speed – and proportionate severity? -per type of offence) The role of evidence Arrest referral schemes for domestic violence Drugs Special case of anti-money laundering and proceeds of crime confiscation

8 Useful Measures – a test for Criminal Justice and Combating Financial Crimes Financial crime control – a greater or merely complementary role for CJ? Action-worthy – CJ is important to social legitimacy (and vice versa) Actionable – to combat impunity and enhance capacity of state & society Behavioral – activism/outreach of Financial Intelligence Units; With whom and over what is MLA cooperation, and is it bi-directional, not just South to North? use made of SARs and other Financial intelligence where other investigation methods are not doing a good enough job whether govt supporters are ever prosecuted and in what sort of numbers compared with opposition supporters. (Likewise corporate and individual tax demands.) Whether prosecutions/convictions or functional alternatives are used to deal with impunities in geographical and business sectoral areas identified as higher crime risk Increased proceeds of crime confiscation/tax declarations for company or sector Counter-productive targets e.g. distinguish self-laundering from professionals Replicable – see data in behavioral

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