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CRIMINAL JUSTICE

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Posts tagged organized crime
Conflict Mitigation or Governance Choreographies? Scaling Up and Down State-Criminal Negotiations in Medellín and Lessons for Mexico

By Angelica Duran-Martinez

In the mid 2010s discussions about the pertinence of negotiating with criminal groups increased in Latin America. Although controversial, such negotiations are more common than often thought. This article asks: can negotiations reduce violence and generate peace? I argue that the homicide reduction potential of negotiations depends on the cohesion of the state and on the cohesion and hierarchical control of criminal groups. This in turn generates two challenges for peacebuilding: the challenge of scaling up and down security gains beyond homicide reduction, and the challenge of creating three-way arrangements that include civilians and navigate the blurry boundaries between states, civilians, and criminal actors. To conceptualize these challenges, I also distinguish top-down and bottom-up negotiations and argue that addressing these challenges requires bridging a divide between peace building principles emphasizing the importance of local contexts, and peace processes literature focusing on objective power considerations. I substantiate the theory using evidence from long term fieldwork, archival analysis, and forty-three interviews conducted for this project in Medellín-Colombia and extend the insights to assess the potential for peace negotiations in Mexico.

Crime Law and Social Change 82(4):867-891, 2023

Prosecuting with the Prevention of Organised Crime Act; A review of South Africa’s anti-gang provisions

By Kim Thomas

Summary The Prevention of Organised Crime Act’s anti-gang provisions are not meeting their objectives. They were originally meant to fill the gaps in common law and help prosecutors gain convictions for gang-related crimes. But the act is severely underutilised for these specific crimes. For this paper’s recommendations to have a substantial effect on addressing organised crime, the various departments involved in South Africa’s criminal justice process need to be cleaned up and resources improved. Key points • Post-apartheid South Africa experienced an increase in organised crime and gangrelated activity. The South African legislature responded with enacting the Prevention of Organised Crime Act in 1999 and specifically addressed criminal gang activity, money laundering and racketeering. • Over 20 years later, very few gang-related cases have been prosecuted under this legislation. Most gang activity is still prosecuted under common law and other legislation. • Interviews with key stakeholders reveal that the main cause for failed/limited implementation lies in the scarcity of human resources, skills and training across the South African Police Service, National Prosecuting Authority and Crime Intelligence, and the lack of meaningful cooperation among them. • Further shortfalls of the act include a lack of provision for targeting gang leaders and Research Paper weak sentencing

ENACT-Africa, 2023. 32p.