Loading...
[Global Corruption Report 2007] The Broader Justice System
Buscaglia, Edgardo
Buscaglia, Edgardo
Author(s)
Author(s) (Additional)
Illustrator(s)
Producer(s)
Contributor(s)
Contributor(s) (Other)
Editor(s)
Advisor(s)
Contact(s)
Data Collector(s)
Keywords
GE Subjects
Collections
Files
Research Projects
Organizational Units
Journal Issue
Online Access
Abstract
"Judicial corruption is not confined to the inside of the courts. Corrupt lawyers, prosecutors, police and bailiffs are all in a position to distort the course of justice, as Edgardo Buscaglia shows. Police and prosecutors’ offices, which are often branches of the executive, can be vulnerable to government or business pressure in carrying out criminal cases. They may collude by tampering with evidence, distorting the facts in a case, losing files, deliberately ignoring credible lines of inquiry or, in the worst case, extracting confessions under torture. Lawyers play a different role in creating the context for a free and fair trial. They might take bribes to present a sub-standard defence, bribe court staff to delay a case, or pay the judge to rule in favour of their client. Nicholas Cowdery looks at the checks and balances that ensure oversight among the police, prosecutor’s office, attorney general’s office and judges. Renowned corruption fighter Eva Joly looks at the dwindling power of the investigating magistrate, a hybrid prosecutor-judge common to European civil law systems. Don Deya and Arnold Tsunga look at the linkages between lawyers and corruption in Eastern and Southern Africa. The remaining two pieces look at the supply-side of justice-sector corruption. In an analysis of the Lesotho Highlands Water Project scandal, Fiona Darroch examines the manoeuvres employed by the law teams of international corporations to escape conviction for massive bribery. Jorge Fernández Menéndez presents a bleak account of how some Mexican judges have been bribed by drug traffickers in order to secure the acquittal of their associates despite overwhelming incriminating evidence of their crimes."(pg 67)
Note(s)
Topic
Type
Book chapter
Date
2007
Identifier
ISBN
9780521700702
DOI
Copyright/License
With permission of the license/copyright holder