Political pressure and information bias in arrests hearings in Mexico city

Abstract

The initial hearings of the criminal justice system are a space where, when deciding on the legality of detention, the police power to arrest people can be evaluated. This study analyses the control of detention in the criminal justice system of Mexico City based on two dimensions that have an impact on the better or worse protection of the rights of detainees by the police. The first, an informative dimension about the reconstruction of the “facts”, the second, a political-normative dimension derived from the punitive context in which the justice system is questioned for releasing “criminals”. Based on the observation of 776 initial hearings in criminal courts in Mexico City and interviews with judicial officials, we analyze 1. the balance of the information entered regarding detention; and 2. the difference in the result of detention control between priority crimes of public security policy versus other crimes. The results indicate that: a) the facts of a detention are reconstructed with a clear bias towards the views of police and prosecutors; and b) when dealing with crimes that are a priority for the city's crime policies, a detention is less likely to be declared illegality.