By Hayli Millar, Megan Capp, Raelyn O’Hara

Bail law reform has become a highly politicized issue in Canada, reflecting polarizing demands to both lessen and increase restrictions in granting bail. While some scholarly literature assesses and critiques bail and remand law and processes, there is exceptionally limited gender-disaggregated data and research on adult women’s bail and remand experiences.1 When assessing women’s interactions with the criminal justice system (CJS), most scholarly research and government publications speak about women’s unique offence patterns and gendered pathways to criminalization and then jump to assessing women’s imprisonment experiences, largely excluding any consideration of women’s pre-trial and trial experiences. In 2023-2024, we gathered and assessed the available literature on women and bail and women and remand in Canada. We engaged with primary data in the form of government-published statistics, select case law and secondary research, reviewing more than 250 sources including some comparative international research. With this literature review, we present our key findings. The annotated bibliography below captures some of what we know about women’s bail and remand experiences within the Canadian context. Our contribution builds on the work we have previously done through the International Center for Criminal Law Reform and Criminal Justice Policy (ICCLR) on the rights of criminal justice-involved parents, especially women and their children. In brief, the 31 annotations focus attention on the urgent need for primary research on how seemingly neutral bail laws and practices uniquely impact women, especially due to intersecting identities such as race, parenthood, and other social factors. Our contribution is crucial and timely. In Canada, the national remand rate for women now surpasses that of men, with women making up over 75% of provincial and territorial custody admissions in 2022/2023. Our literature review and the annotations illustrate the importance of not only addressing the social determinants of women’s criminal justice involvement but also investing in more effective community-based alternatives for women, with a focus on mental health and substance use services. This is of particular importance when one considers the mainly non-violent offences that women commit and that many justiceinvolved women have complex, overlapping, and unmet social, economic, parenting, and physical and mental health needs, which are often compounded by trauma.

Vancouver, BC: International Centre for Criminal Law Reform and Criminal Justice Policy , 2025. 59p.

By Jared Trujillo

The relationship between incarceration and poverty is circular, cyclical, and symbiotic – poverty is a cause of incarceration, and incarceration causes poverty. In the 1970’s and 1990’s, New York led the country in enacting draconian sentencing laws that required judges to sentence children and adults to longer periods of incarceration, while also reducing the ability of incarcerated people to earn time off of their sentences for participation in rehabilitative, vocational, and educational programming. For the past half century, these harsh sentencing laws have been the primary driver of mass incarceration in New York. As a result, generations of families with criminal legal system involvement have been damned to multigenerational poverty. This is most profound in low-income communities, particularly low-income Black and brown communities.

Incarceration often deprives children, partners, and other family members of a breadwinner. Even when breadwinners are released from incarceration, incomes for former imprisoned people are between ten and twenty percent lower than those who were never imprisoned. Even incomes for those formerly incarcerated in juvenile detention facilities are lower than the incomes of those who were not. Further, the children of incarcerated parents suffer from psychological, emotional, and educational trauma. These children are six times more likely to be incarcerated in their lives than their peers who do not have incarcerated parents. Romantic partners and co-parents of incarcerated people often struggle with anxiety, stress, and financial precarity. Mass incarceration in New York continues to be a policy choice, and sentencing reform is an important tool to fight individual and multigenerational poverty.

This article ultimately presents five legislative proposals that would reduce mass incarceration in New York. Repealing the juvenile offender statute will prevent children as young as 13 years old from being given life sentences; the Youth Justice and Opportunities Act would expand, strengthen, and establish alternative sentencing structures for people under 26 years old that would limit the length of incarceration while also sparing young people from the scarlet mark of a permanent criminal conviction; the Eliminate Mandatory Minimums Act would unchain judges from the rigidity and cruelty of New York’s current sentencing paradigm, while requiring them to consider noncustodial sentences and alternatives to incarceration; the Second Look Act would enable those who are already sentenced to long periods of incarceration to apply for a reduced sentence; and the Earned Time Act would enable incarcerated people to earn time off of their sentence for participating in educational, rehabilitative, or vocational programming.

26 CUNY L. Rev. 225 (2023). 42p.

By David C. Baldus, George Woodworth, Catherine M. Grosso, Michael Laurence, Jeffrey A. Fagan, and Richard Newell

The Eighth Amendment’s “narrowing” requirement for capital punishment eligibility has challenged states since it was recognized in Furman v. Georgia in 1972. This article examines whether California’s death penalty scheme complies with this requirement by empirically analyzing 27,453 California convictions for first-degree murder, second-degree murder, and voluntary manslaughter with offense dates between January 1978 and June 2002. Using a 1,900-case sample, we examine whether California’s death penalty statute fails to comply with the Eighth Amendment’s narrowing test. Our findings support two conclusions. First, the death-eligibility rate among California homicide cases is the highest in the nation during that period and in the ensuing decade. We find that 95 percent of all first-degree murder convictions and 59 percent of all second-degree murder and voluntary manslaughter convictions were death eligible under California’s 2008 statute. Second, a death sentence is imposed in only a small fraction of the death-eligible cases. The California death sentencing rate of 4.3 percent among all death-eligible cases is among the lowest in the nation and over two-thirds lower than the death-sentencing rate in pre-Furman Georgia.

Journal of Empirical Legal Studies Volume 16, Issue 4, 693–730, December 2019

By Roseanna Sommers and Kate Weisburd

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using "explicit," "clear," and "unambiguous" statements - or, as some dissenting judges have lamented, using "legally magic" words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do courts. Statements that courts have deemed too ambiguous (e.g., "I'll be honest with you, I'm scared to say anything without talking to a lawyer.") are perceived by a large majority of survey respondents as invoking the right to counsel. With respect to the right to silence, the survey results suggest that people overwhelmingly believe that remaining silent for several hours constitutes invocation of the right to silence and expect that their silence cannot be used against them - including in situations where, in fact, it can be. Across an array of fact patterns and demographic subgroups, respondents consistently set the bar for invoking Fifth Amendment rights lower than courts.

The stark disconnect between what the public takes as sufficient to invoke these rights and what courts hold as sufficient suggests that the rights to counsel and silence are largely inaccessible to ordinary people. Notably, standard Miranda warnings do not include instructions regarding how one must speak in order to invoke those rights. We conclude that when courts set the threshold for invocation above where the average citizen believes it to be, they effectively place key procedural rights out of reach.

119 Northwestern University Law Review 637 (2024), 52p.

By Adam M. Gershowitz  

Prosecutors are often seen as the villains of the criminal justice system. And the most villainous thing a prosecutor can do is to commit an intentional Brady violation by withholding favorable and material evidence from the defense. Not surprisingly, there is a wide literature criticizing prosecutors for flagrant misconduct. But not all Brady violations are intentional. Prosecutors sometimes—perhaps often—commit accidental Brady violations by inadvertently failing to recognize favorable evidence. Because many prosecutors are inexperienced, overworked, and under-trained, they do not recognize exculpatory or impeachment evidence when it is in their files. Additionally, prosecutors also fail to disclose evidence that is in the hands of police, sheriffs, crime laboratories, and other government agencies. Because the criminal justice “system” is riddled with communication breakdowns, prosecutors are sometimes unaware of Brady evidence that they were obligated to disclose. The breadth of the Brady doctrine and the dysfunction of the criminal justice system do not make Brady violations acceptable or harmless. To the contrary, Brady errors are serious violations of a defendant’s constitutional rights. To reduce future violations, however, we cannot simply condemn prosecutors for intentional misconduct. Instead, it is important to understand why accidental Brady violations occur. Drawing on nearly two-dozen recent cases, this article builds a typology of situations where accidental Brady violations occur, and it sets forth solutions for reducing accidental violations in the future.   

  12 Tex. A&M L. Rev. 533 (2025)., 59p.

By Jennifer Mason McAward

This largest-ever study of adjudicated violations of Brady v. Maryland provides a detailed and nuanced understanding of who suppresses material evidence in criminal cases, why, how, where, and how often. Its findings complicate the conventional wisdom that Brady violations are the work of nefarious prosecutors who intentionally withhold material evidence from criminal defendants. While it is true that bad faith permeates this area of constitutional non-compliance, a substantial minority of Brady cases stem from good faith errors and suppression by law enforcement officers. Most Brady violations occur in a small number of states, and most often state courts provide relief. And while there is not quantitative evidence of an epidemic, the individual effects of Brady violations are severe. On average, a defendant whose Brady rights are violated spends more time in prison than a defendant who is later exonerated. When government officials routinely violate a clearly established constitutional right like Brady with such negative consequences, the time is ripe for evidence-based interventions to enhance constitutional compliance. The insights from this study point to a new range of strategies. For example, focusing on preventing good faith Brady errors, especially in non-homicide cases, may be substantially more productive than focusing on punishing bad faith Brady violationsa tactic that has proven to be frustratingly unsuccessful. Relatedly, working with law enforcement officers to better identify and submit potential Brady evidence to prosecutors may create a smoother pipeline for the eventual production of material evidence to defendants. Ultimately, by providing unprecedented detail about historical Brady violations, this study will serve the cause of future overall Brady compliance.

Vanderbilt Law Review (forthcoming April 2025), 67p.

By Elena A. Baylis

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. But while the United States does not have a law concerning looted cultural objects taken from formerly colonized peoples overseas, it does have a statute governing the repatriation of Native American cultural items and human remains. The Native American Graves Protection and Repatriation Act requires museums to return designated Native American cultural objects to their communities-even if they were obtained before the law went into effect. This statute offers a valuable case study for repatriating cultural objects taken from other formerly colonized peoples.

, 124 Columbia Law Review Forum 183 (2024), 39p.

By Jonathan Gu

Between 2016 and 2023, the number of young people aged 10 to 13 years found guilty of an offence fell markedly. This paper examines if this decline and other trends can be explained by the 2016 High Court of Australia decision (RP v R (‘RP’)), which clarified the application of doli incapax. We examine trends in: (1) the volume of court appearances for 10-13 year olds, (2) whether these court appearances resulted in a proven offence, (3) for proven matters, the severity of the penalty, (4) the extent to which prosecutors withdrew all charges, and (5) the extent of guilty pleas. METHOD We analyse NSW and national data on outcomes from Children’s Court cases involving 10-17 year olds, finalised between 2010 and 2023. Using these data, we investigate whether and why the five outcomes have changed over time for 10-13 year olds. Possibilities examined include: the RP decision; trends in the nature of the offence children have been accused of; the increased use of specialist Magistrates in the NSW Children’s Court; and demographics of defendants. RESULTS There is little evidence to suggest that the RP decision had any impact on the volume of court appearances involving a 10-13 year old. However, among 10-13 year olds that NSW Police proceeded against to court, there has been a dramatic decline in the proportion with a proven court outcome; the percent proven fell from 76% in the 2015-16 financial year to 16% in 2022- 23, which temporally coincides with the RP decision. Among the proven matters, the RP decision had no clear impact on the penalty imposed. The decrease in the proportion of proven charges cannot be explained by changes in the types of offences committed by 10-13 year olds (i.e., they are not increasingly committing types of crimes that are harder to prosecute), nor by specialist Magistrates, or the demographic characteristics of individuals proceeded against. The drop in proven matters is, however, linked with prosecutors increasingly withdrawing all charges (growing from 12% to 53% from 2015-16 to 2022-23) and 10-13 year olds pleading guilty less frequently (falling from 54% to 14% from 2015-16 to 2022-23). Similar shifts occurred in Victoria and South Australia. CONCLUSION By stipulating what is required to rebut doli incapax, the 2016 High Court of Australia’s decision RP v R likely reduced the number of young people aged 10-13 found guilty of a criminal offence. 

(Crime and Justice Bulletin No. 268). 

Sydney: NSW Bureau of Crime Statistics and Research 2025. 38p.

By Anna Skeels

This report is the first part of a two-part series based on research conducted by Dr Alicia Heys, a Senior Lecturer in Modern Slavery at the Wilberforce Institute at the University of Hull and – on behalf of it – a Co-Investigator of the Modern Slavery and Human Rights Policy and Evidence Centre (PEC) at the University of Oxford, as part of the research strand focused on the effectiveness of legal enforcement measures. The first part focuses on barriers to successful modern slavery prosecutions, whilst the second part focuses on financial investigations as a method of pursuing modern slavery offenders. Both reports, when published, will be available on the PEC website at modernslaverypec.org/resources/prosecutions-modern-slavery-act.  The Modern Slavery Act (MSA) 2015 was introduced to strengthen the UK’s response to human trafficking and modern slavery, providing comprehensive tools to identify offenders, secure convictions, and protect victims.1 However, while the number of victims identified and referred to the National Referral Mechanism2 has continued to increase, prosecution and conviction rates under the Act remain notably low, raising questions about barriers to its implementation. This report examines some of these barriers, drawing on insights from practitioners directly involved in modern slavery cases, as well as academic and grey literature on the subject. The original research informing this report aimed to explore how financial investigations could improve prosecution and conviction rates under the Modern Slavery Act. Fifteen in-depth interviews were conducted with specialists including seven police officers based in English forces, three lawyers, three financial experts, one international cyber-crime expert, and one NGO representative with lived experience of modern slavery. All interviews were anonymised, transcribed, and analysed thematically. Given the breadth and depth of the data collected, the key findings are presented in a two-part series. The first part, summarised in this report, focuses on identifying and analysing key barriers to successful prosecutions and convictions under the Modern Slavery Act. By integrating practitioner perspectives with academic and grey literature, this report aims to inform efforts to strengthen the enforcement of modern slavery legislation in the UK.3 The second part will build on the same interview data, but with a specific focus on financial investigations as a method of pursuing modern slavery offenders.4 

Oxford, UK: Modern Slavery and Human Rights Policy and Evidence Centre (PEC) at the University of Oxford , 2025. 41p.

By Corwin,Edward S

L^he history of American liberty is far more complicated than most people would at first blush have imagined. Indeed, until Professor Corwin, out of a lifetime of study devoted to American public law, distilled into a volume of modest compass the essential ingredients of American liberty, there was, to my knowledge, no one book to which the citizen might turn to learn its fascinating story. The story starts, as do so many of the great things of life, with the Greeks and the Romans. The wisdom of the political philosophers, ancient and modem, in their search for the foundations of human liberty is presented in its relation to the crucial events of English and American political experience, particularly such great documents as Magna Carta, the Declaration of Independence, the federal Constitution and our State constitutions.

LOUISIANA STATE UNIVERSITY PRESS, 1948, 222p.

Barnbay C. Keeney

This monograph originated as a dissertation prepared under the patient and understanding direction of Professor Charles H. McIlwain at Harvard University. Although I had (and still have) the temerity to challenge his views on judgment by peers and institutions connected with it, the influence of his teaching and scholarship are apparent throughout.

For the fellowships that made my studies possible, I am deeply grateful to the Department of History at Harvard University, and to the donors of the funds for those fellowships. Unfortunately, the Sheldon Traveling Fellowship that was to have enabled me to search for unpublished documents was of little use for this purpose because of the outbreak of the European war in 1939, and I have had to depend almost entirely on published material. After the war, a John Simon Guggenheim Post-Service Fellowship enabled me to complete and revise this work in 1945-46.

Had the great work of Marc Bloch (La Societe jeodale, 2 vols., Paris, 1939-1940), as well as the studies of Sanchez-Albornoz (En torno a los origenes del jeudalismo, Mendoza, 1942) been available when I was preparing the first section, I should have been spared much labor.

HARVARD UNIVERSITY PRESS, HARVARD HISTORICAL MONOGRAPHS, 1952, 198p.

By MAHESH K. NALLA, DAE H. CHANG, LISA SUTTER, and WAYNE W. DUNNING

In 2001, the Universidade Catolica Portuguesa3 published a report regard- ing victimization in the city of Lisbon. The survey was requested by the mayoral office as a means to examine crime rates in the city. Previous research had depended entirely on official police reports4, and it was felt that these failed to adequately measure victimization in the city. In a study of 3,505 residents, the victimization rate was relatively low; approximately 17% of the respondents had been victimized during 2001. Comparatively, the fear of crime was higher. Respondents were asked about how safe they felt in Lisbon and in their neighborhoods. More than 60% of respondents reported feeling unsafe to very unsafe in the city, and over one third of the respondents report- ed feeling unsafe in their neighborhoods. With such a low rate of victimiza- tion, what contributed to these feelings regarding respondents' safety? In their multi-level theory of victimization, Wilcox et al. (2003) posit that contextual factors, and more specifically measures of social disorganization in addition to victimization, influence an individual's fear of crime.

However, given the low victimization rate in Lisbon, where there is little racial heterogeneity° , it is arguable that conditions of social disorganization as stipulated by Shaw and MacKay (1942), Sampson and Groves (1989), and more recently Sampson et al. (1997) exist in Lisbon. Therefore, a different perspective needs to be adopt- ed to explain the observed relationship between victimization and fear of crime.

Official Journal for the American Society of Criminology, Division of International Criminology, Volume 30, Number 1, Spring 2006, 143p.

By Laurel Wimbish, Janelle Simpson, Lena Dechert, Laura Feldman,

The U.S. Bureau of Justice Statistics (BJS), State Justice Statistics (SJS) Program provides funding to state Statistical Analysis Centers (SACs) to build their capacity to collect, analyze, and disseminate criminal justice data to state and local policy makers, administrators, and other stakeholders. In 2019 and 2020, the SAC for Wyoming—the Wyoming Survey & Analysis Center (WYSAC) at the University of Wyoming—received special-emphasis capacity-building funding from BJS to conduct a targeted analysis using Wyoming’s criminal history records. SACs are strongly encouraged to collaborate with their state’s State Administering Agency (SAA) to develop and implement projects that support the State’s criminal justice planning needs. The Wyoming Division of Criminal Investigation (DCI) is the SAA for the State of Wyoming and serves as the central repository for criminal history record information. WYSAC worked with DCI to develop and implement this research project in support of one of DCI’s top priorities, maintaining accurate and complete criminal history records. Wyoming statute requires all city, county, and state law enforcement agencies; district courts; courts of limited jurisdiction; district attorneys; the Department of Corrections; state juvenile correctional institutions; and local probation and parole agencies to submit criminal history record information to DCI.1 DCI stores these data in a computerized state criminal history system (CCH) and uses the data for many purposes including complying with the 2002 Help America Vote Act, conducting background checks for employers and professional licensing boards, and sharing data with the Federal Bureau of Investigation’s (FBI’s) National Criminal Background Check System (NICS).2,3 To effectively serve these purposes, criminal justice entities (law enforcement agencies, the courts, and corrections) must provide DCI with accurate and complete data. The objectives of this project were to 1) explore the accuracy and completeness of Wyoming’s criminal history records, specifically for misdemeanor crimes of domestic violence (MCDVs), 2) provide DCI with a report outlining the results of the analysis, and 3) provide recommendations on how DCI and other state criminal justice agencies can improve the accuracy and completeness of the state’s criminal history records.

Laramie: WYOMING SURVEY & ANALYSIS CENTER, 2021. 16p.

By HM Prison and Probation Service and Ministry of Justice (UK)

Why should the Criminal Justice System be concerned with the mental health of those passing through the system? We know that rates of mental ill-health are high among those who pass through the CJS. Around a third of people11 who find themselves in police custody have some form of mental health difficulty, as do 48 per cent of men and 70 percent of women in prison. Some 38 per cent: of people on probation supervision are recorded as having a mental health issue. But why does this matter? First, because people with a mental illness need and deserve treatment. Entry into the CJS can provide a second chance for people who have been missed by other services to access that treatment and an incentive for them to take up that offer. Second, because mental illness and the symptoms associated with it can trigger criminal behaviour and therefore bring a person into contact with the CJS. Decisions then need to be made on whether a criminal charge is in the public interest or whether an alternative disposal (such as diversion into mental health treatment) would be more appropriate. Third, mental illness, particularly the more severe forms, can affect an individual’s ability to understand and participate in the criminal justice process. They may need additional support to understand the questions put to them during an investigation or at trial or they may lack the mental capacity to plead or stand trial. Fourth, the criminal justice process itself, for example the experience of custody, can have a severe and negative impact on someone’s mental health, particularly if they are already suffering a mental illness. In these circumstances, there is a duty of care to try to mitigate these wherever possible. This includes a duty to reduce the risks of suicide and self-harm, which we know to be high in criminal justice populations. For all these reasons, it is essential that those with a mental health condition or disorder are identified as early as possible in their journey through the CJS, particularly where that problem is severe. Once the mental health issue is identified, information relevant to that issue must be shared between agencies so that appropriate support and treatment can be offered, and the right decisions made at each step of the journey from arrest to sentence and post-sentence supervision in custody or in the community. This inspection, the first on this topic to involve all of the criminal justice inspectorates, and to consider post-sentence supervision, as well as the period leading up to trial, focuses on these critical issues: • Are people with a mental illness identified when they first come into the CJS? • Is this information passed on through the rest of the system from the police and defence lawyers to the Crown Prosecution Service (CPS) and the courts or from the courts to the probation and prison services so that the right decisions can be made about next steps? • Are people with a mental illness entering the CJS being properly assessed and then referred for help or treatment where this is identified as necessary? • What is the quality of support they are getting? Is it timely and adequately resourced or are people having to wait many months to get it? • Are the most seriously mentally ill people being looked after in appropriate settings and places of safety, or is custody still having to be used?

Manchester, UK: Her Majesty’s Inspectorate of Probation November 2021 117p.

By Matthew DeMichele,  Ian Silver,  Ryan Labrecque

This study provides a rigorous assessment of the public safety outcomes of pretrial detention by estimating the criminogenic and punitive effects of spending at least one week in pretrial detention across three jail systems in two states. Jails are a unique criminal justice contact point because they hold individuals at different stages of case processing, including individuals awaiting trial, and those serving shorter sentences or waiting to be transferred to prison. Pretrial incarceration is arguably one of the most consequential decisions in case processing for an individual. A small body of research has emerged to show that pretrial detention is both criminogenic (i.e., leads to higher arrest rates) and punitive (i.e., leads to higher conviction rates). In this paper, we use a doubly robust difference-in-differences design to assess the relationship between pretrial detention with court appearances, new arrests prior to adjudication, and convictions for the instant offense. The findings of this research study provide strong evidence that pretrial detention leads to increased likelihood that individuals will miss court and be arrested for new crimes

Unpublished paper, 2023, 57p.

By Joseph Blocher, Jacob D. Charles, and Darrell A.H. Miller

  Academic work is increasingly important to court rulings on the Second Amendment and firearms law more generally. This article highlights two recent trends in social science research that supplement the traditional focus on guns and physical harm. The first strand of research focuses on the changing ways that gun owners connect with firearms, with personal security, status, identity, and cultural markers being key reasons people offer for possessing firearms. The second strand focuses on broadening our understanding of the impact of guns on the public sphere beyond just physical safety. This research surfaces the ways that guns can create fear, intimidation, and social trauma; deter civic participation and the exercise of constitutional rights; and further entrench racial inequality.  

Annu. Rev. Law Soc. Sci. 2023. 19:165–77   

By Washington Office of Latin America. United States of America

Venezuela is the only country in Latin America with an open investigation before the International Criminal Court (ICC). The case has been the object of disinformation on behalf of Venezuelan authorities and the language surrounding the ICC can at times be confusing for those who are unfamiliar with international law. The Washington Office on Latin America (WOLA) believes that it is important to bring this process closer to the international community, to decision-makers in Washington D.C., to Venezuelans, and to those who follow what is happening in Venezuela. That is why, through a series of questions and answers written in plain English, we are bringing you an easy-to-understand publication on the ICC investigation on Venezuela.

The following sections describe what the International Criminal Court (ICC) is and answers each of the following questions:

1. What is the International Criminal Court?

   Why did the ICC initiate an investigation on Venezuela and what is the current status of the process?

   What decision did the Pre-Trial Chamber of the International Criminal Court adopt on May 4, 2023?

   The Venezuelan Ministry of Foreign Affairs issued a statement about the decision of the Pre-Trial Chamber of May 4, 2023. Why is that statement false?

   Why did the ICC Pre-Trial Chamber authorize the Prosecutor to resume his investigation on Venezuela?

   What is actually happening then?

   What does the recent visit of ICC Prosecutor Karim Khan to Venezuela and the ICC’s decision to open an office there mean?

   What are the victims and human rights organizations working on these cases doing?

Washington Office of Latin America. United States of America 2023. 15p.

By Saba Kassa

Politics matters for the success of anti-corruption and asset recovery efforts. This report discusses the political and governance factors that affect the performance of the justice system in relation to anti-corruption and asset recovery. It also provides guidance on assessing these factors systematically with the goal of developing adaptive strategies to strengthen the justice chain in line with changing contexts. The Assessment and Monitoring Framework presented here is a state-of-the-art methodology to think and work politically to strengthen rule of law systems. It draws on the experience and insights of ICAR staff working with anti-corruption institutions across the globe. It responds to a gap in the existing toolbox of anti-corruption practitioners, given that existing political economy methodologies have not sufficiently focused on the contextual factors that impinge on the performance effectiveness of the different anti-corruption institutions constituting the justice chain.

Working Paper 52,

Basel, SWIT: Basel Institute on Governance, 2024. 24p.

By Scarlet Wannenwetsch

Since its first use by the World Bank in 2008, the concept of “anti-corruption Collective Action” has evolved into a well-established best practice to prevent corruption and strengthen business integrity. This paper captures the specific characteristics of anti-corruption Collective Action that have emerged over time and translates them into an easy-to-grasp typology that reflects both the variety and unifying principles that make up the Collective Action ecosystem. It aims to: • spark new impetus for engagement; • open the concept to new stakeholders, topics and environments; and • support existing initiatives in developing their long-term visions and aims. In addition to supporting practitioners, updating the typology will also help strengthen the case for Collective Action as a normative corruption prevention practice 

  This Working Paper presents an updated typology for anti-corruption Collective Action, a concept first defined by the World Bank in 2008. The new typology aims to reflect the realities and evolution of Collective Action, which is now becoming a well-established best practice for preventing corruption and strengthening business integrity. The paper seeks to enhance understanding, encourage broader stakeholder engagement and support the long-term visions of existing initiatives. The typology builds on the key characteristics of Collective Action that have developed into common denominators over time: • Private-sector engagement: Collective Action is primarily driven by businesses, often in collaboration with governments and civil society. • Focus on addressing corruption: Initiatives target corruption and corruption-related risks. • Commitment to raising integrity standards: Collective Action aims to level the playing field through sustained engagement and concrete actions. Using these common characteristics, the paper identifies three distinct categories of Collective Action initiatives: 1. Engagement-focused initiatives: Centered on trust building, knowledge sharing and collaborative efforts to strengthen business integrity. 2. Standard-setting initiatives: Developing industry- or country-specific anti-corruption frameworks, codes of conduct and best practices. 3. Assurance-focused initiatives: Incorporating external verification, compliance certification and monitoring mechanisms to ensure accountability. These categories operate within a Collective Action ecosystem, where initiatives are interconnected and capable of evolving and transitioning between categories. The paper highlights the importance of trust, commitment and private-sector leadership. It also identifies challenges, such as avoiding free riding and ensuring credibility. The paper finds that Collective Action has evolved into a dynamic and adaptable approach that must remain flexible and responsive to context. Rather than prescribing rigid methodologies, a broader focus on the Collective Action ecosystem is necessary to help stakeholders effectively engage. Currently, Collective Action faces a critical juncture: the growing number of high-level commitments is contrasted with challenges in translating them into practical collaboration between the public and private sectors. A key concern is preventing Collective Action from becoming a mere tick-box exercise rather than a meaningful mechanism to drive business integrity To safeguard its impact, a robust ecosystem anchored by an active community of practice must guide how governments, regional organisations and international bodies integrate Collective Action into their anti-corruption frameworks. To successfully “mainstream” Collective Action, the community must adopt a shared language and further provide clarity of concept. The typology presented in this paper serves as a building block. There is still a long way to go, requiring concerted efforts from the Collective Action community to come together to define and drive what meaningful progress looks like.   

Working Paper 56, 

Basel, SWIT: Basel Institute on Governance. 2025. 39p.

By Jonathan Fisher

. At its most simple, the disclosure of unused material is the process whereby information gathered during an investigation is passed from the prosecution to the defence. The information disclosed should assist the defence in arguing the most compelling version of their case. The obligation placed upon the prosecution to disclose certain pertinent material acts as an essential safeguard. We have learnt through bitter experience that disclosure errors, whether deliberate or through negligence, can lead to cases collapsing or worse, a miscarriage of justice. Such events are lamentable and erode the public’s trust in the criminal justice system.. When in the autumn of 1981 I started practice at the Bar, my Opinions, Advices and Pleadings were written in manuscript or dictated into a hand-held tape-recording machine. They were then typed by a professional typist, using an Imperial typewriter with carbon paper to produce a copy. Similarly, most business records were kept on paper and retained manually in files. Rules regarding disclosure of unused material generated in a criminal investigation were governed by the innate fairness of the common law which required a prosecutor to pass information to a defendant where the material assisted the defence case.. Fifteen years later, it was recognised that a more sophisticated approach to disclosure was required. This followed a series of cases in which failure to disclose information to a defendant was responsible for some grievous miscarriages of justice. At the same time, reliance on documentary evidence and expert witness testimony increased. When the Criminal Procedure and Investigations Act 1996 (CPIA)1 was enacted, the new statutory based rules of disclosure were regarded as state of the art, providing a sound foundation for criminal trials to proceed on a sure footing in the new millennium. Since then, the technological revolution has brought radical changes in work practices, and the position now looks rather different. Nearly 30 years have passed since the CPIA was enacted. At that time, internet connections were typically made via dial-up modems, with downloading speeds sufficient for basic web browsing and email, but little more. As technology improved and information could be stored electronically, the volume of unused material generated in a criminal investigation grew exponentially. This development occurred against a background in which the CPIA did not directly address the way in which digital information should be reviewed by a prosecutor and made available to a defendant when the test for disclosure of unused material was satisfied. Concern regarding the operation of this process is the reason why previous Reviews were established. Yet the world has not stood still since the last Independent Review on this subject over a decade ago. Indeed, society in the United Kingdom continues to embrace technological advancements, including artificial intelligence, in many aspects of our lives. Furthermore, the very nature of criminal offending, as it has done throughout history, continues to evolve, taking advantage of new online enablers. The rise in digital material across the whole gamut of criminal cases, and its implications for the disclosure regime, is the very reason why I was tasked to consider, once again, whether the regime is fit for the modern age. Today, the largest investigation case on the Serious Fraud Office (SFO) system has 48 million documents (6.5 terabytes of data). With this volume of digital material, it is inconceivable that the totality of unused material generated in the investigation can be accurately reviewed and scheduled by investigating officers manually, in the traditional way. It is also a gross waste of resource for investigating officers to spend time on banal and unproductive activity. Electronic material has become commonplace in even the smallest of cases. Body camera material features (or should feature) in every case where a motorist is stopped by the police, and it is estimated that on average there are 7.4 digital devices in every home. Each of these devices can retain thousands of pieces of information which might be relevant to a prosecutor or defendant in a criminal case.

London: Home Office, 2025. 224p.