Violence, Organized Crime, and the Criminal Justice System in Colombia

Abstract

One of the concerns of the economic theory of crime has been the effect of the justice system on criminal activities. Theorists have proposed that the probability of being caught and sanctioned is a factor affecting the decisions made by criminals [Erlich 1996]. It is assumed that these are variables over which the government has control. Criminologists are less unanimous as to the effectiveness of the justice system, but their theories also assume a certain degree of system autonomy. In each case, the effect that the existence of armed groups (including private armies and protection services, mafias, insurgent groups, and other forms of organized crime) may have on the performance of the judicial system has been, to date, unexplored terrain. This paper will argue, with reference to the Colombian case, that violence, and in particular that exercised by such groups, can become an obstacle to the adequate administration of criminal justice. Available evidence is presented on the effect of violence and the threats posed by armed groups on the different stages of criminal proceedings. Using municipal level information gathered in Colombia, this paper attempts to trace the impact of these groups, suggesting that the effect begins with changes in the availabihty and quality of information on homicides.