Crime

On October 3-4, 2011, the Stanford University Program on Poverty and Governance at the Center on Democracy, Development, and the Rule of Law and the Center for International Security and Cooperation, in conjunction with the Center for Latin American Studies, the Stanford Law School, and the Bill Lane Center for the American West, hosted a conference to discuss the problem of violence, organized criminal activity, and governance. In particular, the conference focused on growing concerns about Mexican security. Participants examined the issue from a comparative perspective, drawing lessons from the experience of Afghanistan, Colombia, and other countries that have grappled with similar challenges.

Among other topics, the conference explored the root causes of the dramatic upswing in violence in Mexico in recent years, compared those problems to chronic violence and illicit activity in other countries, and considered potential solutions that could reduce the risk of violence in the future. The conference was held at Stanford University in the Bechtel Conference Center in Encina Hall. Participants included scholars and doctoral candidates from the United States, Mexico, Colombia, and Germany, representatives from the U.S. Departments of Justice and Treasury, and the Mexican Embassy.

Context of the Problem

Crime and violence pose a serious challenge to Mexico. According to one of the participants, between January 2007 and December 2010, official statistics confirm that approximately 40,000 homicides have occurred. The problem appears to be growing worse, with 2011 on pace to become the most violent year on record.

The rising violence in Mexico has resulted in a sharply heightened sense of fear among citizens, who now feel the presence of cartels in their every day lives. The use of extortion and kidnapping by cartels combined with a lack of trust in security forces terrorizes the population and makes them feel like they have no where to turn. Despite this fact, crime rates in Mexico remain lower than in other parts of Latin America. Venezuela, for example, has among the highest homicide rates in the world. Yet the pervasive infiltration of cartels into public life gives Mexicans a heightened sense of the severity of violent crime in their own country.

There are no simple answers explaining these developments. Some participants trace the violence back to the 1980s when the United States began working closely with the Colombian government to stem the flow of cocaine across the Caribbean, and to disrupt powerful Colombian criminal organizations. The scholars suggested that the crackdown on those illegal trafficking routes caused the drug trade to divert through Mexico on the way to markets in the United States. These trade routes strengthened Mexican drug trafficking organizations (DTOs), thereby altering the landscape and scale of illicit activity in the country.

Some participants also noted the importance of  attributing other factors to explain the growing violence in Mexico, citing four domestic factors. First, the efforts made by President Felipe Calderón of Mexico to crack down on drug-related violence after his inauguration in 2006; second, the fragmentation of Mexican cartels due to the capture or assassination of "kingpins" in the organizations; third, a diversification in the economic incentives of the DTOs; and fourth, the weak status of rule of law in Mexico.

These four explanations are by no means independent of each other, and the endogenous nature of these factors is exactly why it is so difficult to stop the increasing violence in Mexico. Indeed, examining these four factors a bit further makes it clear that they are closely linked. Following his inauguration, President Calderón made violence and drug trafficking top priorities. His strategy was to target and remove the cartel leadership, assuming that breaking the cartels up would make them easier to subdue. The effort had the opposite effect. Capturing and killing cartel kingpins created a power vacuum and splintered the cartels into many smaller, less organized, and more militant gangs. The smaller and less centralized gangs began fighting each other for control of routes and territory. Without centralized control, the groups also became less efficient as cocaine traffickers - a system that had previously thrived from economies of scale. As a result, they began diversifying their revenue streams. Extortion, human trafficking, money laundering, arms trading, and petty crime all became more economical relative to small-scale drug trafficking and dealing, which led the cartels to diversify further still. Though participants heavily debated the directionality of the link between this diversification and gang fractionalization, consensus emerged that dividing up the cartels led to increased violence in Mexico.

The persistent problems of the Mexican legal system have also exerted a huge impact on the ability of the Mexican government to subdue the violence. High rates of corruption within local police forces, due in part to low compensation, means that the police are unreliable as a means to enforce order in municipalities. This has prompted the government to deploy armed forces to try to restore order in some areas. Furthermore, the judicial system in Mexico is weak, with poor judges, a shortage of lawyers, and a backlog that makes due process nothing more than an idealized notion.

Participants also presented evidence that additional factors could have exacerbated the violence. Among them: the global recession, which has reduced economic opportunities, and democratization in the 1990s. But in general, participants concluded that the evidence that either of these factors affected the overall crime situation in Mexico was weak relative to the other factors discussed.

The overall consensus was that any policy initiative made to control violence in Mexico invariably must address the weak rule of law institutions, the economic incentives of the cartels, and the exploding intra- and inter-cartel violence. Successful strategies, moreover, must approach these topics differently than how they have been addressed thus far.

Lessons and Proposals

What can be done to rein in the rising violence? Participants examined a number of successful anti-gang and anti-drug policies in other countries for potential answers. For instance, the Unidades de Polícia Pacificadora (Pacifying Police Units or UPP) program in Rio de Janeiro, which started in 2008, consists of proximity policing, gaining the trust of and working with favela populations, and directly engaging with and helping favela children and youth. The program's main goal is to keep organized crime out of favelas, which have been their hideout for decades. The program helped restore law and order, participants said, because of the high effectiveness of proximity policing in high-risk communities, which combined policing with social and public services to increase legitimacy of the program. This dual security approach-using specialized forces during conflict and then proximity policing to maintain daily safety and security in the slums-has been highly successful at maintaining order and controlling police corruption in Rio.

In Colombia, because the violence of a few decades ago seemed to be more a result of a weak state than the presence of drugs, the situation improved when the state's capacity increased. Nevertheless, part of the solution found in the city of Medellín, where the local cartel proved too strong to destroy, was to allow one cartel to have a monopoly. Yet while this trade-off worked in the short-term, once the Medellín Cartel kingpin was captured and extradited with the help of U.S. military aid, violence started to increase again.

U.S. military aid to Colombia also had a drawback as some of the funding was leaked to paramilitary activities. Conference participants said one lesson from this experience is that it is important to invest more in drug interdiction than in eradication, because eradication programs increase the price of drugs, thereby improving trafficking incentives. The most important implication of this is that squeezing the traffickers will only cause them to re-route, not stop. When squeezed out of Colombia and the Caribbean, they re-routed through Mexico. If this occurs in Mexico, traffickers will most likely move into Central America. The issue of drug trafficking cannot be resolved if policymakers ignore Central American republics.

Several other proposals received attention during the conference. Among them was the suggestion that Mexican policy emulate aspects of the Colombian model by concentrating all efforts toward destroying the single-most violent cartel until it is entirely eliminated, and then progressing on to the next largest and so forth. Theoretically, doing so would systematically destroy the cartels while minimizing their fragmentation.

Participants also suggested that authorities focus on targeting extortion, kidnapping, and other non-drug related economically incentivized crimes committed by the gangs, which could help limit their ability to fragment and diversify. This approach could benefit from careful analysis of efforts to implement community policing strategies that some participants believe to have yielded results in the United States and Brazil. A third proposal with serious implications is to reform the judicial and penal system in Mexico to ensure that incarcerated "narcos" cannot continue operating from within Mexican prisons.

Finally, much discussion was given to the best way to address the demand-side of drug trafficking. While legalizing drugs in the United States was seen as highly unlikely option with very unclear potential results, a participant proposed that policymakers encourage the expansion of rigorous drug treatment programs, such as Hawaii's highly successful Opportunity Probation with Enforcement program. It requires convicted drug offenders on probation to undergo randomized drug tests one to seven times a week, with automatic incarceration for anyone who tests positive or is found to be in violation of their parole.

Conclusion

Daunting problems remain in understanding crime and governance in Latin America. But this conference, among other things, helped highlight areas where further research on drug trafficking, organized crime, violence, and issues of citizen security are still needed. There were also several highly actionable proposals put forth based on programs that have been implemented in other countries in the Western Hemisphere. These initiatives hold promise for helping Mexico deal with its own situation. This conference should serve as a launch pad to encourage and develop research and communication in this area with policy implications for the near future.

Bechtel Conference Center

Mariano-Florentino Cuéllar Co-Director Host Center for International Security and Cooperation

Dept. of Political Science
Encina Hall, Room 436
Stanford University,
Stanford, CA

(650) 724-5949
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Senior Fellow at the Freeman Spogli Institute for International Studies
Graham H. Stuart Professor of International Relations
Professor of Political Science
beatriz_magaloni_2024.jpg MA, PhD

Beatriz Magaloni Magaloni is the Graham Stuart Professor of International Relations at the Department of Political Science. Magaloni is also a Senior Fellow at the Freeman Spogli Institute, where she holds affiliations with the Center on Democracy, Development and the Rule of Law (CDDRL) and the Center for International Security and Cooperation (CISAC). She is also a Stanford’s King Center for Global Development faculty affiliate. Magaloni has taught at Stanford University for over two decades.

She leads the Poverty, Violence, and Governance Lab (Povgov). Founded by Magaloni in 2010, Povgov is one of Stanford University’s leading impact-driven knowledge production laboratories in the social sciences. Under her leadership, Povgov has innovated and advanced a host of cutting-edge research agendas to reduce violence and poverty and promote peace, security, and human rights.

Magaloni’s work has contributed to the study of authoritarian politics, poverty alleviation, indigenous governance, and, more recently, violence, crime, security institutions, and human rights. Her first book, Voting for Autocracy: Hegemonic Party Survival and its Demise in Mexico (Cambridge University Press, 2006) is widely recognized as a seminal study in the field of comparative politics. It received the 2007 Leon Epstein Award for the Best Book published in the previous two years in the area of political parties and organizations, as well as the Best Book Award from the American Political Science Association’s Comparative Democratization Section. Her second book The Politics of Poverty Relief: Strategies of Vote Buying and Social Policies in Mexico (with Alberto Diaz-Cayeros and Federico Estevez) (Cambridge University Press, 2016) explores how politics shapes poverty alleviation.

Magaloni’s work was published in leading journals, including the American Political Science Review, American Journal of Political Science, Criminology & Public Policy, World Development, Comparative Political Studies, Annual Review of Political Science, Cambridge Journal of Evidence-Based Policing, Latin American Research Review, and others.

Magaloni received wide international acclaim for identifying innovative solutions for salient societal problems through impact-driven research. In 2023, she was named winner of the world-renowned Stockholm Prize in Criminology, considered an equivalent of the Nobel Prize in the field of criminology. The award recognized her extensive research on crime, policing, and human rights in Mexico and Brazil. Magaloni’s research production in this area was also recognized by the American Political Science Association, which named her recipient of the 2021 Heinz I. Eulau Award for the best article published in the American Political Science Review, the leading journal in the discipline.

She received her Ph.D. in political science from Duke University and holds a law degree from the Instituto Tecnológico Autónomo de México.

Director, Poverty, Violence, and Governance Lab
Co-director, Democracy Action Lab
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Beatriz Magaloni Host Stanford University
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At least 200,000-250,000 people died in the war in Bosnia. "There are three million child soldiers in Africa." "More than 650,000 civilians have been killed as a result of the U.S. occupation of Iraq." "Between 600,000 and 800,000 women are trafficked across borders every year." "Money laundering represents as much as 10 percent of global GDP." "Internet child porn is a $20 billion-a-year industry." These are big, attention-grabbing numbers, frequently used in policy debates and media reporting. Peter Andreas and Kelly M. Greenhill see only one problem: these numbers are probably false. Their continued use and abuse reflect a much larger and troubling pattern: policymakers and the media naively or deliberately accept highly politicized and questionable statistical claims about activities that are extremely difficult to measure. As a result, we too often become trapped by these mythical numbers, with perverse and counterproductive consequences.

This problem exists in myriad policy realms. But it is particularly pronounced in statistics related to the politically charged realms of global crime and conflict-numbers of people killed in massacres and during genocides, the size of refugee flows, the magnitude of the illicit global trade in drugs and human beings, and so on. In Sex, Drugs, and Body Counts, political scientists, anthropologists, sociologists, and policy analysts critically examine the murky origins of some of these statistics and trace their remarkable proliferation. They also assess the standard metrics used to evaluate policy effectiveness in combating problems such as terrorist financing, sex trafficking, and the drug trade.

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The routine employment of torture on the popular television series 24 has given rise to the charge that the program lends verisimilitude to  the questionable premise that torture is a legitimate and effective means of interrogation. A growing body of evidence suggests the critics' charge is correct. Indeed, the Dean of the US Military Academy at West Point grew sufficiently concerned about the pernicious effects 24 was having on his cadets that he traveled to California to meet with the show's creators to ask them to tone down the use of torture on the program. The Intelligence Science Board has echoed the critics' concerns, arguing that similar reality-distorting attitudes towards torture can be seen in the public at large. But how and why can a wholly fictional program like 24 actually influence political reality? Is this case something of an exception, or more akin to the rule?  Unfortunately, evidence suggests that fiction and other socially constructed portrayals of political reality-including propaganda, false flag operations and conspiracy theories-have long exercised demonstrable effects on political reality, often in unforeseen and unintentional ways.

Through the lens of the invasion panic that gripped Great Britain in the late nineteenth century, Greenhill will explore how and why national security-related "social facts"-i.e., things that are deemed to be "true" simply because they are widely believed to be true-can become broadly adopted and disseminated and, by extension, thereby influence the development and conduct of national security policy. Greenhill will further explore what this historical case can tell us about the theoretical and policy implications such "social facts" may hold for the threats we face today, including terrorism and the proliferation of weapons of mass destruction.

Kelly M. Greenhill is Assistant Professor of Political Science and International Relations at Tufts University and Research Fellow at Harvard University's Kennedy School of Government. She holds a Ph.D. and an S.M. from M.I.T., a C.S.S. from Harvard University, and a B.A. from UC Berkeley. Greenhill previously held pre- or post-doctoral fellowships at Harvard University's Olin Institute for Strategic Studies and Belfer Center for Science and International Affairs, and at CISAC.

Her work has appeared in a variety of venues, including the journals International Security, Security Studies, and International Migration as well as in the New York Times, the Los Angeles Times and in briefs prepared for the U.S. Supreme Court. Greenhill has two books shortly forthcoming with Cornell University Press: the first, Weapons of Mass Migration: Forced Displacement, Coercion and Foreign Policy, focuses on the use of large-scale population movements as instruments of state-level coercion; and the second, Sex, Drugs and Body Counts: The Politics of Numbers in Global Crime and Conflict (co-edited with Peter Andreas), examines the politicization and manipulation of crime and conflict-related statistics. She is currently at work on a new book, a cross-national study that explores why, when, and under what conditions, fiction, so-called "social facts" and other non-factual sources of information-such as rumors, conspiracy theories and propaganda-materially influence the development and conduct of national security policies.

Lynn Eden is Associate Director for Research at the Center for International Security and Cooperation, Freeman Spogli Institute for International Studies, Stanford University. Eden received her Ph.D. in sociology from the University of Michigan, held several pre- and post-doctoral fellowships, and taught in the history department at Carnegie Mellon before coming to Stanford. In the area of international security, Eden has focused on U.S. foreign and military policy, arms control, the social construction of science and technology, and organizational issues regarding nuclear policy and homeland security. She co-edited, with Steven E. Miller, Nuclear Arguments: Understanding the Strategic Nuclear Arms and Arms Control Debates (Ithaca, N.Y.: Cornell University Press, 1989). She was an editor of The Oxford Companion to American Military History (New York: Oxford University Press, 2000), which takes a social and cultural perspective on war and peace in U.S. history. That volume was chosen as a Main Selection of the History Book Club.

Eden's book Whole World on Fire: Organizations, Knowledge, and Nuclear Weapons Devastation(Ithaca: Cornell University Press, 2004; New Delhi: Manas Publications, 2004) explores how and why the U.S. government--from World War II to the present--has greatly underestimated the damage caused by nuclear weapons by failing to predict damage from firestorms. It shows how well-funded and highly professional organizations, by focusing on what they do well and systematically excluding what they don't, may build a poor representation of the world--a self-reinforcing fallacy that can have serious consequences, from the sinking of the Titanic to not predicting the vulnerability of the World Trade Center to burning jet fuel. Whole World on Fire won the American Sociological Association's 2004 Robert K. Merton Award for best book in science, knowledge, and technology.

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Kelly M. Greenhill CISAC Visiting Assistant Professor of Political Science, Tufts University Speaker

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Lynn Eden is a Senior Research Scholar Emeritus. She was a Senior Research Scholar at Stanford University's Center for International Security and Cooperation until January 2016, as well as was Associate Director for Research. Eden received her Ph.D. in sociology from the University of Michigan, held several pre- and post-doctoral fellowships, and taught in the history department at Carnegie Mellon before coming to Stanford.

In the area of international security, Eden has focused on U.S. foreign and military policy, arms control, the social construction of science and technology, and organizational issues regarding nuclear policy and homeland security. She co-edited, with Steven E. Miller, Nuclear Arguments: Understanding the Strategic Nuclear Arms and Arms Control Debates (Ithaca, N.Y.: Cornell University Press, 1989). She was an editor of The Oxford Companion to American Military History (New York: Oxford University Press, 2000), which takes a social and cultural perspective on war and peace in U.S. history. That volume was chosen as a Main Selection of the History Book Club.

Eden's book Whole World on Fire: Organizations, Knowledge, and Nuclear Weapons Devastation (Ithaca: Cornell University Press, 2004; New Delhi: Manas Publications, 2004) explores how and why the U.S. government--from World War II to the present--has greatly underestimated the damage caused by nuclear weapons by failing to predict damage from firestorms. It shows how well-funded and highly professional organizations, by focusing on what they do well and systematically excluding what they don't, may build a poor representation of the world--a self-reinforcing fallacy that can have serious consequences, from the sinking of the Titanic to not predicting the vulnerability of the World Trade Center to burning jet fuel. Whole World on Fire won the American Sociological Association's 2004 Robert K. Merton Award for best book in science, knowledge, and technology.

Eden has also written on life in small-town America. Her first book, Crisis in Watertown (Ann Arbor: University of Michigan Press, 1972), was her college senior thesis; it was a finalist for a National Book Award in 1973. Her second book, Witness in Philadelphia, with Florence Mars (Baton Rouge: Louisiana State University Press, 1977), about the murders of civil rights workers Schwerner, Chaney, and Goodman in the summer of 1964, was a Book of the Month Club Alternate Selection.

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Lynn Eden Senior Research Scholar and Associate Director for Research, CISAC Commentator
Seminars
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Lynn Eden is acting co-director (2008-09) at the Center for International Security and Cooperation, Freeman Spogli Institute for International Studies, Stanford University. Eden received her Ph.D. in sociology from the University of Michigan, held several pre- and post-doctoral fellowships, and taught in the history department at Carnegie Mellon before coming to Stanford. In the area of international security, Eden has focused on U.S. foreign and military policy, arms control, the social construction of science and technology, and organizational issues regarding nuclear policy and homeland security. She co-edited, with Steven E. Miller, Nuclear Arguments: Understanding the Strategic Nuclear Arms and Arms Control Debates (Ithaca, N.Y.: Cornell University Press, 1989). She was an editor of The Oxford Companion to American Military History (New York: Oxford University Press, 2000), which takes a social and cultural perspective on war and peace in U.S. history. That volume was chosen as a Main Selection of the History Book Club.

Eden's book Whole World on Fire: Organizations, Knowledge, and Nuclear Weapons Devastation(Ithaca: Cornell University Press, 2004; New Delhi: Manas Publications, 2004) explores how and why the U.S. government--from World War II to the present--has greatly underestimated the damage caused by nuclear weapons by failing to predict damage from firestorms. It shows how well-funded and highly professional organizations, by focusing on what they do well and systematically excluding what they don't, may build a poor representation of the world--a self-reinforcing fallacy that can have serious consequences, from the sinking of the Titanic to not predicting the vulnerability of the World Trade Center to burning jet fuel. Whole World on Fire won the American Sociological Association's 2004 Robert K. Merton Award for best book in science, knowledge, and technology.

Eden has also written on life in small-town America. Her first book, Crisis in Watertown (Ann Arbor: University of Michigan Press, 1972) was her college senior thesis; it was a finalist for a National Book Award in 1973. Her second book, Witness in Philadelphia, with Florence Mars (Baton Rouge: Louisiana State University Press, 1977), about the murders of civil rights workers Schwerner, Chaney, and Goodman in the summer of 1964, was a Book of the Month Club Alternate Selection.

Fred Turner's research and teaching focus on digital media, journalism and the roles played by media in American cultural history.

Turner is the author of two books, From Counterculture to Cyberculture: Stewart Brand, the Whole Earth Network and the Rise of Digital Utopianism (2006) andEchoes of Combat: The Vietnam War in American Memory (1996; Revised 2nd ed. 2001). His essays have tackled topics ranging from the rise of reality crime television to the role of the Burning Man festival in contemporary new media industries.

Turner's research and writing have received a number of awards, including a PSP Award for Excellence, for the best book in Communication and Cultural Studies published in 2006 from the Professional and Scholarly Publishing Division, Association of American Publishers; the Lewis Mumford Award for Outstanding Scholarship in the Ecology of Technics from the Media Ecology Association; the James W. Carey Media Research Award from the Carl Couch Center for Social and Internet Research; and both a Best Paper Award and a Book Award Special Mention from the Communication and Information Technology Section of the American Sociological Association. During the 2007-2008 academic year, he was a Leonore Annenberg and Wallis Annenberg Fellow in Communication at the Center for Advanced Study in the Behavioral Sciences.

Before joining the faculty at Stanford, Turner taught Communication at Harvard University's John F. Kennedy School of Government and the Massachusetts Institute of Technology. He also worked as a journalist for ten years. His news stories, features and reviews have appeared in venues ranging from the Boston Sunday Globe Magazine to Nature.

Turner earned his Ph.D. in Communication from the University of California, San Diego, in 2002. He has also earned a B.A. in English and American Literature from Brown University and an M.A. in English from Columbia University.

If you would like to be added to the email announcement list, please visit https://mailman.stanford.edu/mailman/listinfo/socialscienceseminar

Reuben W. Hills Conference Room

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Lynn Eden is a Senior Research Scholar Emeritus. She was a Senior Research Scholar at Stanford University's Center for International Security and Cooperation until January 2016, as well as was Associate Director for Research. Eden received her Ph.D. in sociology from the University of Michigan, held several pre- and post-doctoral fellowships, and taught in the history department at Carnegie Mellon before coming to Stanford.

In the area of international security, Eden has focused on U.S. foreign and military policy, arms control, the social construction of science and technology, and organizational issues regarding nuclear policy and homeland security. She co-edited, with Steven E. Miller, Nuclear Arguments: Understanding the Strategic Nuclear Arms and Arms Control Debates (Ithaca, N.Y.: Cornell University Press, 1989). She was an editor of The Oxford Companion to American Military History (New York: Oxford University Press, 2000), which takes a social and cultural perspective on war and peace in U.S. history. That volume was chosen as a Main Selection of the History Book Club.

Eden's book Whole World on Fire: Organizations, Knowledge, and Nuclear Weapons Devastation (Ithaca: Cornell University Press, 2004; New Delhi: Manas Publications, 2004) explores how and why the U.S. government--from World War II to the present--has greatly underestimated the damage caused by nuclear weapons by failing to predict damage from firestorms. It shows how well-funded and highly professional organizations, by focusing on what they do well and systematically excluding what they don't, may build a poor representation of the world--a self-reinforcing fallacy that can have serious consequences, from the sinking of the Titanic to not predicting the vulnerability of the World Trade Center to burning jet fuel. Whole World on Fire won the American Sociological Association's 2004 Robert K. Merton Award for best book in science, knowledge, and technology.

Eden has also written on life in small-town America. Her first book, Crisis in Watertown (Ann Arbor: University of Michigan Press, 1972), was her college senior thesis; it was a finalist for a National Book Award in 1973. Her second book, Witness in Philadelphia, with Florence Mars (Baton Rouge: Louisiana State University Press, 1977), about the murders of civil rights workers Schwerner, Chaney, and Goodman in the summer of 1964, was a Book of the Month Club Alternate Selection.

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Lynn Eden CISAC Acting Co-Director (2008-09) and Senior Research Scholar Speaker
Fred Turner Assistant Professor and Director of Undergraduate Studies, Department of Communicaiton, Stanford University Commentator
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British tradition and the American Constitution guarantee trial by jury for serious crime.1 But terrorism is not ordinary crime, and the presence of jurors may skew the manner in which terrorist trials unfold in at least three significant ways.

First, organized terrorist groups may deliberately threaten jury members so the accused escapes penalty. The more ingrained the terrorist organization in the fabric of society, the greater the degree of social control exerted under the ongoing threat of violence.

Second, terrorism, at heart a political challenge, may itself politicize a jury. Where nationalist conflict rages, as it does in Northern Ireland, juries may be sympathetic to those engaged in violence and may acquit the guilty. Alternatively, following a terrorist attack, juries may be biased. They may identify with the victims, or they may, consciously or unconsciously, seek to return a verdict that conforms to community sentiment. Jurors also may worry about becoming victims of future attacks.

Third, the presence of jurors may limit the type of information provided by the state. Where national security matters are involved, the government may not want to give ordinary citizens insight into the world of intelligence. Where deeply divisive political violence has been an issue for decades, the state may be concerned about the potential of jurors providing information to terrorist organizations.

These risks are not limited to the terrorist realm. Criminal syndicates, for instance, may try to intimidate juries into returning a verdict of not guilty, and public outrage often accompanies particularly heinous crimes. But the very reason why these other contexts give rise to a similar phenomenon is because terrorist crimes have certain characteristics-characteristics that may be reflected in other forms of crime, but which are, in many ways, at the heart of what it means for an act to be terrorist in nature: terrorist organizations are created precisely to coerce a population, or specific individuals, to accede to the group's demands. The challenge is political in nature, and the method of attack is chosen for maximum publicity. Terrorist organizations, moreover, can and often do use information about the state to guide their operations. It is in part because of these risks that the United Kingdom and United States have changed the rules governing terrorist trials-at times eliminating juries altogether.

This Article reflects on the relationship between terrorism and jury trial and explores the extent to which the three dangers identified can be mitigated within the criminal-trial framework.2 It does not provide a comprehensive analysis of the rich case law and literature that address jury trial-one of the most studied legal institutions on both sides of the Atlantic. Instead, its aim is more modest: The text weighs the advantages and disadvantages of suspending juries specifically for terrorism. Here, the United Kingdom's experiences prove illustrative. The Article considers the extent to which similar concerns bear on the U.S. domestic realm, and the decision to try Guantánamo Bay detainees by military tribunal. It suggests that the arguments for suspending juries in Northern Ireland are more persuasive than for taking similar steps in Great Britain or the United States.

This Article then considers ways to address concerns raised by terrorism that stop short of suspending juries. Juror selection, constraints placed on jurors, and the conduct of the trial itself provide the focus. Of these, emphasis on juror selection, although not unproblematic, proves most promising. Again, distinctions need to be drawn between the United Kingdom and the United States. In the former, for instance, occupational bars to jury service could be lowered, while in the latter, increased emphasis on change in venue may prove particularly effective. Changes in the second category, constraints on jurors, may be the most damaging to the states' counterterrorist programs. Finally, while changes in the trial process may help to address risks, they also may prove contentious and be prone to seeping into the criminal realm. The Article concludes by questioning whether and to what extent such alterations could be insulated from the prosecution of non-terrorist criminal offenses.

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ABSTRACT:

While the refugee protection system is one of international law's most recognizable features, it routinely places massive numbers of refugees in camps in the developing world, where they face chronic threats to their physical security from crime and disorder, physical coercion, and military attacks. Yet key actors responsible for refugee protection, including host states, advanced industrialized countries, and the United Nations High Commissioner for Refugees (UNHCR), have failed to prioritize refugee security.

This article asks: (1) Why? (2) What have been the consequences? and (3) What do these answers reveal about how organizations carry out legal mandates in complicated political environments?

Conventional wisdom holds that security only recently became a major problem in the refugee protection system; that UNHCR's role in enhancing refugees' physical security is limited by the agency's legal mandate and practical constraints; and that problems of violence and physical security are largely episodic concerns affecting small numbers in discrete refugee populations. Drawing on historical documents, interviews, data on budgets and performance measures, and legal doctrine, I show this conventional wisdom to be wrong. Only some of the problems associated with the current system can be explained by international geopolitics or by legal compromises reflected in refugee law.Instead, that system's brutal realities also reflect bureaucratic dynamics, political pressures, and legal interpretations shaping the discretionary choices of UNHCR and its nongovernmental organization partners. I develop the argument by tracing the remarkable history of UNHCR as it transformed itself from a refugee advocacy organization with a limited mandate into a modern relief agency.

This evolution helps explain the persistence of security problems and sheds light on the challenges of implementing ambitious legal mandates under uncertainty, particularly when the organizations doing so operate in complex political environments.

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Brian Jenkins is a senior advisor to the president of the RAND Corporation and one of the world's leading authorities on terrorism. He founded the RAND Corporation's terrorism research program in 1972, has written frequently on terrorism, and has served as an advisor to the federal government and the private sector on the subject. A former Army captain who served with Special Forces in Vietnam, he is also a former deputy chairman of Kroll Associates. He served as a captain in the Green Berets in the Dominican Republic and later in Vietnam (1966-1970). In 1996, he was appointed by President Clinton to be a member of the White House Commission on Aviation Safety and Security. He has served as an advisor to the National Commission on Terrorism (1999-2000) and in 2000 was appointed as a member of the U.S. Comptroller General's Advisory Board. He is Is also a special advisor to the International Chamber of Commerce (ICC) and a member of the board of directors of the ICC's Commercial Crime Services. He is the author of International Terrorism: A New Mode of Conflict, the editor and coauthor of Terrorism and Personal Protection, coeditor and coauthor of Aviation Terrorism and Security, and coauthor of The Fall of South Vietnam.

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Brian Jenkins Senior Advisor to the President Speaker RAND Corporation
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In his State of the Union address in January, President Bush stressed the importance of improving math education. He proposed to "train 70,000 high school teachers to lead advanced placement courses in math and science, bring 30,000 math and science professionals to teach in classrooms, and give early help to students who struggle with math."

But where will these teachers come from? And will the training of teachers be sufficient to increase the number of students choosing math and science careers? And why does all this matter?

Because mathematics is the foundation of the natural sciences. It is no coincidence that Isaac Newton, the man who formulated the law of gravitational attraction that revolutionized our understanding of the universe, was also the man who popularized the calculus. And the natural sciences, however pure, are what give us airplanes, cable TV and the Internet.

In the 2003 Program for International Student Assessment, a test that measures math literacy, American 15-year-olds performed worse than their peers in 23 countries, as well as those in Hong Kong. It's not hard to see why. According to the National Council of Teachers of Mathematics, 40 percent of the nation's middle school math teachers do not have the equivalent of an undergraduate minor in math. The average starting salary of a teacher is only $30,000, whereas the average starting salary for a recent college graduate in computer science or engineering is $50,000.

Short of following the British, who have proposed paying experienced math teachers more than $100,000, with a guaranteed minimum of $70,000, where will we find a way to attract the thousands of teachers George Bush wants?

New York State initiated an innovative program to bring teachers from Jamaica for two or four years to teach in New York schools. Jamaica, a developing nation where one U.S. dollar equals 65 Jamaican dollars, is nonetheless a stable, English-speaking nation with an unbroken democratic tradition; it stands poised to beat the United States in establishing the world's first Institute for Mathematical Methods in Counterterrorism. When teachers for the New York program were recruited on the campus of the University of the West Indies, recruiters found more experienced math and science teachers than they ever dreamed they would.

But you can have all the teachers in the world and still not inspire kids to learn math. My friend Autumn e-mailed me about her nephew, Joshua: "He's upset because he's asked several of the math teachers why math is important or what are certain formulas used for -- there has to be a use, correct?"

Autumn told her nephew about my work in counterterrorism and for the television crime drama "Numb3rs." Autumn reported, "He's told his math teachers about you as well, and about the show 'Numb3rs.' He's informing them that through something called lattice theory you are managing to fight terrorists -- all with math."

Mathematics is art, and should be appreciated for its beauty, not simply for its utility. But we cannot expect 11 year-olds to cherish totally order-disconnected topological spaces as much as professional mathematicians do.

As I first proposed in January 2005, television shows like "Numb3rs" (or "Medium") -- where the main characters are mathematicians -- could work with the National Council of Teachers of Mathematics to show kids how math is really used; the council and Texas Instruments are now working together to use "Numb3rs" to promote math literacy in schools.

Another way to inspire kids is to relate mathematics to something they see every day. In order to excite students and draw funding to his school, school superintendent Ronald Ross of Roosevelt, N.Y., has begun looking into the idea of creating a curriculum involving math and counterterrorism. What kinds of topics would students learn?

The opening line of the Oscar-winning movie "A Beautiful Mind" is "Mathematicians won the war." During World War II, the mathematics underlying cryptography played an important role in military planning. Winston Churchill admired Alan Turing, the mathematician who had mastered the German codes, recognizing him as the man who had perhaps made the single greatest individual contribution to defeating Hitler.

At Los Alamos, the lab that built the atomic bomb, Cliff Joslyn uses lattice theory to mine data drawn from thousands of reports of terrorist-related activity to discover patterns and relationships that were previously in shadow.

Lattice theoretical methods developed at MIT tell us the probability that we have disabled a terrorist cell, based on how many men we have taken out and what rank they hold in the organization. Lauren McGough, a Massachusetts high school student, tested the accuracy of this model by getting her classmates to pretend they were terrorists, passing orders down a fictitious chain of command, essentially confirming what the theory predicts.

High school students could learn algebra, trigonometry, calculus and logic while also learning concrete applications involving homeland security. No longer would students yawn and ask, "What is math good for?" Beauty could defeat both terror and boredom.

Whatever you may think of the State of the Union address, when it comes to supporting math education, we should all see pi to pi. President Bush is correct when he says that mathematics education in America must improve if the United States is to stay economically competitive, but the stakes are much higher than that. During the Cold War, the United States would not have tolerated a military gap between itself and its adversaries. Yet today, with 61 percent of all U.S. doctorates in math going to foreigners (15 percent to Chinese), we readily accept a "math gap."

Dollar for dollar, the best defense against our adversaries' weapons of mass destruction may be our allies in the Americas, armed with weapons of math instruction.

Improving math education is not merely a smart idea. It is a matter of national security. Algebra is one revolutionary Islamic concept we cannot afford to neglect or ignore.

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Since the controversy over cartoons of the Prophet Muhammad erupted, Europe's leaders have shown remarkable--and uncharacteristic--courage under fire. Refusing to apologize for the alleged slight to religious Muslims, a chorus of Continental voices has instead risen to the cartoons' defense, citing freedom of expression as the very essence of liberty, democracy and the European Way.

Unfortunately, free speech is about the weakest card in Europe's hand these days. An Austrian court's conviction and sentencing of the British historian David Irving to three years imprisonment for Holocaust denial is merely the most recent footnote to European hypocrisy on freedom of expression over the past decade.

The European Convention on Human Rights, which legally binds all EU states and supersedes domestic law, explicitly guarantees "the right to freedom of expression" including "the freedom to hold opinions and to receive and impart information and ideas without interference by public authority."

This provision is in keeping not only with the U.S. Bill of Rights, but with the central instruments of international human rights law to which Europe and America claim adherence. Yet Europe's interpretation of free expression has diverged markedly from America's broad deference to First Amendment freedoms of speech, assembly and religion.

American courts have upheld the publication of false, even racist materials, the right of neo-Nazis to rally in Jewish neighborhoods, and the objections of some citizens to the Pledge of Allegiance and to school dress codes on religious grounds.

European governments, on the other hand, have consistently trampled analogous rights, outlawing publication of hate speech, trade in Nazi paraphernalia, and the wearing of distinctive religious clothing, to name but a few recent examples.

According to the Austrian court that convicted him on Monday, David Irving's offense was to have "denied, grossly played down, approved, or tried to excuse" the Holocaust in print or other media, in violation of a 1992 statute. Although he has not been tried at home in Britain, Irving was convicted and fined in Germany in 1995 for "inciting race hatred."

At best, Irving is a monumentally terrible historian, who, only after publishing dozens of books on World War II, read the notes of the Holocaust mastermind Adolf Eichmann and came around to admitting that the Nazi genocide might actually have occurred. At worst, he is an artless but unrepentant bigot, on the model of America's David Duke or Austria's own Jörg Haider, but without any independent political power.

Why, then, is Irving's Holocaust denial, like other minority and extremist views in European society, of such great concern to lawmakers? If European governments want to guard against the repetition of genocide, they should actively educate their citizens in tolerance and respect for different cultures and beliefs, not gag those who express conflicting ideas.

Europe's suppression of free speech is guaranteed to spawn and incubate precisely the kind of bigotry and sectarian violence it is intended to prevent. Hounded for the unthinkable crime of publishing false history, David Irving appears almost heroic as he stands up to censorship, fines and imprisonment, making him a kind of martyr for neo-fascist groups.

Likewise, suppression of young Muslims' rights to dress or worship as their religion requires lends government sanction to already widespread anti- Muslim attitudes. This official xenophobia in turn breeds simmering resentment that has already exploded into mass violence and been manipulated by radical Islamists to recruit willing terrorist agents from within European society.

While European leaders should be praised for their belated conversion to the cause of free speech, outraged Muslims around the world are right to allege a double standard. Until Europe consistently respects its own guarantees of free expression, and actively promotes tolerance instead of clumsily stifling dissent, its brave rhetoric will ring disappointingly false.

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