Dramatic changes in Mexican rule of law (maybe)
The San Diego Union-Tribune reported on recent developments, but the headline is a bit of an overstatement. The changes described would take effect if the Senate also passes the bill and if the proposed constitutional amendment is approved by 17 of Mexico's 31 states.Mexican Congress approves presumption of innocence, nixes warrantless searches
"Mexican lawmakers overwhelmingly approved a sweeping judicial reform that would introduce public, oral trials and guarantee the presumption of innocence, after deleting a proposal to allow police to search homes without warrants.
"President Felipe Calderón praised the measure, which would replace closed-door proceedings where judges rely on written evidence with U.S.-style open trials based on arguments presented by prosecutors and defense lawyers.
"'Changing from an inquisitorial system, like the one Mexico has today, to an adversarial system based on oral trials, as are used in the American justice system, will provide much greater transparency, much more agility in the administration of justice,' Calderón told a meeting of the American Chamber of Commerce...
"The Chamber of Deputies passed it by a 462-6 vote Tuesday... and it now goes back to the Senate... Then, the constitutional amendment must be approved by at least 17 of Mexico's 31 states...
"Although the reforms do not create a jury trial system – only judges will continue to hear cases and decide on convictions – they establish public oral trials...
"Qualified public defenders will now also represent suspects, replacing 'advocates' who often lack law degrees. And for the first time in history, the presumption of innocence will be guaranteed in Mexico's constitution."
Another opinion about the proposed constitutional amendment in Mexico comes from a story at Bloomberg.com.
Mexico Lower House Approves Softened Anti-Crime Bill
"Mexico's lower house of congress approved a softened version of President Felipe Calderon's anti- drug bill.
"The 462-to-6 vote today came after lawmakers eliminated a clause that would allow police to search homes without a warrant in life-threatening situations...
"The package is part of Calderon's efforts to combat organized crime and quell violence. It would allow lawyers to make oral arguments to speed up trials and would give police the right to record conversations to be used as evidence...
"Senators rejected other parts of the bill in December, including a provision that would have allowed prosecutors on their own authority to freeze assets and examine bank records of organized- crime suspects. The senators said such clauses violated individual rights and gave too much power to police.
"President Calderon praised the anti-drug bill in a speech today at the American Chamber of Commerce of Mexico, saying a judicial system allowing for oral arguments 'will allow for much more transparency, much more agility in the administration of justice.'"
Labels: judiciary, Mexico, rule-of-law
posted by Ken Wedding @ 8:48 AM
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