Torture as a method of criminal prosecution: Police Brutality, the Militarization of Security and the Reform of Inquisitorial Criminal Justice in Mexico

How can societies restrain their coercive institutions and transition to a more humane criminal justice system? We argue that two main factors explain why torture can persist as a generalized practice in democratic societies: weak institutional protections of the rights of criminal suspects and the militarization of policing, which leads the police to act as if their job were to occupy a war zone. With the use of a large survey of the Mexican prison population and leveraging the date and place of arrest, this paper provides valid causal evidence about how these two explanatory variables shape torture. Our paper provides a grim picture of the survival of authoritarian policing practices in democracies. It also provides novel evidence of the extent to which the abolition of inquisitorial criminal justice institutions - a remnant of colonial legacies and a common trend in the region - has worked to restrain police brutality

Can Historical Institutionalism be Applied to Political Regime Development in Africa?

Historical institutionalism has been used to explain the emergence of democracy and dictatorship in various regions of the world, but not applied to political development in Africa. Based on the recently refined concepts of historical institutionalism, the aim of this study is to provide a framework for the analysis of the various regime types that have been established in Africa during the last two decades: democratic, hybrid and authoritarian. Surprisingly little effort has been dedicated to a historically grounded explanation of these regime types. Against a common claim that African politics is mainly driven by informal institutions or behaviours, we argue that an institution-based examination of African politics is justified. We then provide a proposition of how to link up concepts of historical institutionalism with empirical cases in Africa, within a comparative approach. Our proposition for tracing specific development paths will not be based on the regimes as a 'whole', but on the deconstruction of a political regime into partial regimes and subsequently into selected formal and informal institutions. This will allow for an empirical analysis of the different components of a regime over long periods of time, and thus for path-dependent analyses of regime development

Torture as a method of criminal prosecution: Police Brutality, the Militarization of Security and the Reform of Inquisitorial Criminal Justice in Mexico

How can societies restrain their coercive institutions and transition to a more humane criminal justice system? We argue that two main factors explain why torture can persist as a generalized practice in democratic societies: weak institutional protections of the rights of criminal suspects and the militarization of policing, which leads the police to act as if their job were to occupy a war zone. With the use of a large survey of the Mexican prison population and leveraging the date and place of arrest, this paper provides valid causal evidence about how these two explanatory variables shape torture. Our paper provides a grim picture of the survival of authoritarian policing practices in democracies. It also provides novel evidence of the extent to which the abolition of inquisitorial criminal justice institutions - a remnant of colonial legacies and a common trend in the region - has worked to restrain police brutality