Book Review: The Informal Regulation of Criminal Markets in Latin America by Flom, H.

• Published date: 01 March 2024
• DOI: http://doi.org/10.1177/10575677231199060
• Author: R.V. Gundur
• Date: 01 March 2024

Chapter three is the strongest of the three chapters. It is where Cheng really starts to challenge exist-

ing justif‌ications and language surrounding sliding scales. He argues that sentencing discounts

should be viewed as implicit plea bargaining since defendants are explicitly told they will get a

reduced sentence for a guilty plea that is adjusted based on the timing of said plea. Tied to the

themes of pressure and injustice, Cheng argues this goes against a defendant’s right to choose

their plea freely, given that pressure to plea is immediately pressed upon them.

The book’s second part comprises chapters four through nine and involves Cheng’s own statistical

analyses. In chapters four and f‌ive, a compelling case is put forward that the assumptions made by the

courts and policymakers are not indicative of actual sentencing trends. Interestingly, Cheng f‌inds that

in England and Wales and in Hong Kong, age and confessions were key factors in determining the

timing of a guilty plea. Further, whether a publicly funded lawyer represented a defendant was also a

factor in Hong Kong (this variable could not be assessed in the England and Wales data set).

Complementing his statistical analyses with legislation, Cheng provides viable alternative explana-

tions as to what might affect the timing of a plea. The reader is shown that rather than malicious intent

from the defendant, there are multiple interacting factors that can signif‌icantly alter outcomes. With

doubt in the reader’s mind, chapters six and seven question whether such policies are fair in relation

to existing criminal justice principles. Cheng starts by looking at whether courts have developed an

“early-late plea disparity”and how this leads to defendants being punished for their constitutionally

protected right to trial. The author then analyzes (in)consistency in the application of sentencing dis-

counts and how the current models do not account for different judicial practices in incorporating

aggravating and mitigating factors that can have signif‌icant consequences for the defendant.

Finally, chapter eight considers the disconnect between policy and public opinion. Cheng highlights

the public’s general discontent with the criminal justice system and how sentencing discounts can

further aggravate them. The risk is losing credibility in a system that fundamentally relies on

public support for it to be effective.

The strength of this book lies in Cheng’s ability to integrate his empirical f‌indings within the over-

arching legal discourse surrounding fairness and justice. This is unsurprising given Cheng’s exten-

sive research into cracked trials and guilty pleas in Hong Kong. This comparative book was the next

logical phase in his broader research agenda and highlights the importance of solid foundational

empirical work when creating policy, particularly in sentencing. While the focus is on England

and Wales and Hong Kong, his f‌indings are important for any criminal justice system with similar

principles. It is a signif‌icant step forward in understanding sentencing in an ever-changing criminal

justice landscape.

ORCID iD

Ann-Marie Helouhttps://orcid.org/0000-0001-7095-4879

Flom, H. (2022).

The Informal Regulation of Criminal Markets in Latin America. Cambridge University Press. 300 pp. $99.99

(hardback), ISBN: 9781009170727.

Reviewed by: R.V. Gundur,Sir Arthur Lewis Institute of Social & Economic Studies

DOI: 10.1177/10575677231199060

Crime is inherently political. Yet criminologists spend insuff‌icient time researching and ref‌lecting on

the various political considerations that def‌ine crime and on how law enforcement actors interface

90 International Criminal Justice Review 34(1)