Criminal Justice

1. Criminal Justice Professor Mike Levi Levi@Cardiff.ac.uk PREM Workshop on Innovations in Governance Measurement April 2013

2. Principles of GPSM Diagnostic Work • 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?” • 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 • Use Political economy analysis prospectively – develop scenarios that fuel debate about the likely outcomes, with and without Bank actions • 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. • 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

5. A simple process model: indicators?

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