Students From Kenya, Miami, USA, And Mexico Will Collaborate

Students From Kenya Miami Usa And Mexico Will Collaboratively Asse

Students from Kenya, Miami (USA), and Mexico will collaboratively assess a case involving a police officer killing an unarmed 19-year-old, examining the roles and actions of criminal justice actors in each country. They will compare and contrast the procedures, challenges, and outcomes of handling the case across their jurisdictions.

Fact Pattern: A 19-year-old unarmed male, named David, is shot and killed by a police officer during a routine traffic stop. The incident occurs in a residential neighborhood in the evening. The police officer, a five-year veteran of the force, claims that he believed David was reaching for a weapon. However, multiple witnesses reported that David raised his hands and was complying with the officer's commands. Body camera footage from the officer is partially obstructed, capturing only audio and some visual cues. The community is outraged, leading to protests and demands for justice. The case gains national media attention, putting pressure on the criminal justice system to respond transparently and effectively.

Key Actors in the Criminal Justice System: Law Enforcement Agencies, Prosecutors, Judiciary (Judges and Courts), Internal Affairs/Police Oversight Bodies, Defense Attorneys, Media, Civil Society Organizations.

Paper For Above instruction

The case of the police killing of David presents a compelling opportunity for comparative analysis across different national criminal justice systems. Such an examination enables an understanding of the procedural differences, challenges faced, and potential improvements in handling police-involved fatalities. This paper explores the roles of key actors in Kenya, Miami (USA), and Mexico, analyzing their procedures and challenges, and offering insights to enhance accountability and justice in these contexts.

Role and Functions of Key Criminal Justice Actors

Kenya

In Kenya, the Independent Policing Oversight Authority (IPOA) serves as a crucial oversight body responsible for investigating allegations of police misconduct and brutality. Established in 2011, IPOA operates independently of the police force, with the authority to investigate officers accused of excessive use of force or illegal activities. Its independence aims to ensure transparency and accountability. The Directorate of Criminal Investigations (DCI) plays a central role in conducting investigations into police killings, collecting evidence, and presenting findings to prosecutors. These procedures are guided by the National Police Service Act and the Witness Protection Act. Challenges faced by these agencies include limited resources, political influence, and concerns over police collusion or interference, which sometimes hinder thorough investigations. Furthermore, the judicial process involves courts that assess evidence and deliver verdicts, but delays and access issues remain challenges in delivering timely justice (Muinga & Kilonzo, 2018).

Miami, USA

In Miami, internal mechanisms such as the Internal Affairs Division investigate incidents involving police officers. External oversight bodies like the Civilian Investigative Panel oversee police conduct and ensure transparency. In the United States, federal and state prosecutors handle criminal charges arising from police-involved deaths. Investigations typically involve multiple agencies, including the police department’s internal investigations, independent monitors, and sometimes federal agencies like the FBI. The judiciary evaluates evidence and determines guilt or innocence, with notable cases such as the shooting of Trayvon Martin in 2012 illustrating public scrutiny and legal complexities. Challenges include prosecutorial discretion, community trust, and media influence, which can impact the fairness and transparency of investigations (Gerrity & McGougan, 2020).

Mexico

In Mexico, the Comisión Nacional de los Derechos Humanos (CNDH) functions as a national human rights institution overseeing police conduct. At the state level, similar bodies operate to investigate abuses. Investigations are often initiated upon complaints or media reports; however, law enforcement agencies traditionally faced criticism for lack of independence and transparency. Recent judicial reforms, initiated in 2008 and reinforced through the Justice System Reform, aim to improve police accountability, emphasizing oral trials and evidence-based proceedings. Nonetheless, challenges persist, including corruption, insufficient training, and resource limitations, which impede proper investigations and accountability (López & Gómez, 2019).

Comparative Analysis of Handling Police-Involved Fatality Cases

Across Kenya, Miami, and Mexico, the procedures for investigating police-involved killings share some similarities but also exhibit notable differences driven by legal frameworks, institutional independence, and cultural factors. Kenya’s oversight by IPOA emphasizes independence but struggles with resource constraints and political pressures that can hamper impartial investigations. The DCI’s role aligns with traditional criminal investigations, yet delays and interference have been documented in some cases. In contrast, Miami’s layered oversight with internal investigations complemented by external bodies, such as civilian review panels, seeks transparency, yet the process can be influenced by political and community pressures. The U.S. legal system’s emphasis on prosecutorial discretion and judicial independence shapes the outcomes significantly.

Mexico’s approach, rooted in a premise of human rights protection, shows progress through judicial reforms aimed at enhancing fairness and transparency. Nevertheless, systemic issues like corruption and resource scarcity still challenge the thoroughness and independence of investigations. The influence of cultural, political, and social factors deeply impacts how cases are handled; for instance, societal distrust of police in both Mexico and Kenya often complicates investigations and diminishes public cooperation. Similarly, in Miami, high-profile cases and media scrutiny can influence judicial outcomes and community perceptions.

Lessons Learned and Recommendations

Each country offers lessons for the others. Kenya’s independence of oversight bodies and emphasis on accountability through IPOA can be strengthened by increased funding and capacity-building. Miami’s dual oversight model demonstrates the importance of independent civilian review, which could be expanded to improve transparency. Mexico’s judicial reforms highlight the need for ongoing systemic reforms to address corruption and resource gaps. All three jurisdictions would benefit from adopting a more victim-centered approach, prioritizing transparency, timely investigations, and community engagement.

In conclusion, improving the handling of police-involved fatalities requires comprehensive reforms tailored to each country’s context. Strengthening oversight independence, increasing transparency, and ensuring accountability are universal principles that should guide future reforms. Emphasizing community trust and victim rights will also foster more effective and equitable justice processes, ultimately reducing impunity and enhancing public confidence in criminal justice systems globally.

References

• Gerrity, P., & McGougan, S. (2020). Policing and accountability in the United States. Journal of Police Studies, 45(2), 157-174.
• López, M., & Gómez, R. (2019). Judicial reforms and police accountability in Mexico. Mexican Journal of Human Rights, 33(1), 45-62.
• Muinga, P., & Kilonzo, N. (2018). Police Oversight and Public Trust in Kenya. African Journal of Criminal Justice, 12(3), 210-231.
• United Nations Office on Drugs and Crime (UNODC). (2021). Manual on Investigating Police Use of Force. Vienna: UNODC.
• Amnesty International. (2019). Deadly Police Encounters: A Global Review. London: Amnesty International Publishing.
• The African Policing Civilian Oversight Forum. (2020). Enhancing Police Accountability in Kenya. Pretoria: APCOF.
• Florida Department of Law Enforcement. (2020). Use of Force Reports: Miami Police Department. Tallahassee: FDLE.
• National Human Rights Commission (CNDH). (2018). Report on Police Use of Force in Mexico. Mexico City: CNDH.
• Smith, J., & Johnson, L. (2022). Comparative Perspectives on Police Accountability. International Journal of Criminal Justice, 59(4), 299-317.
• United States Department of Justice. (2021). Policies on Police Use of Force. Washington, D.C.: DOJ.