Another step toward judicial change in Mexico
Mexico’s Congress Passes Overhaul of Justice Laws"Mexico’s Senate gave final approval on Thursday to a historic overhaul of this country’s often-foggy criminal justice system, introducing oral trials in which lawyers will argue cases before judges and the public can see the evidence.
"The Senate voted 71 to 25 in favor of a series of reforms to the Constitution that the lower chamber, the House of Deputies, had approved last week. If approved by a majority of state legislatures, the reforms would fundamentally change the way the police, prosecutors and judges work in Mexico.
"The changes would give the police the authority to investigate crimes, something until now reserved for prosecutors and special police units in their offices. The bills would also introduce for the first time the presumption of innocence for defendants and make several changes intended to speed up trials. The legislation stops short of providing for trials by jury, however...
"Under the current system, people often languish in jails for years after a prosecutor has decided they are guilty, waiting for a judge to determine if the evidence supports that decision.
"The judges carry out their deliberations in private and base their decisions purely on written affidavits and documents, making decisions behind closed doors with the scribble of a pen.
"The system is rife with corruption, experts on Mexican law say. Miscarriages of justice are so common and the distrust of the police so widespread that many Mexicans simply avoid reporting crimes altogether...
"The switch to open trials would mark a sea change in Mexican jurisprudence. Not only will lawyers and judges have to get used to doing things in public, but for the first time the media and the public would have a full view of the evidence..."
See also: Dramatic changes in Mexican rule of law (maybe)
Labels: judiciary, Mexico, politics, rule-of-law
posted by Ken Wedding @ 7:41 AM
1 Comments:
The Dallas Morning News opines:
Judicial reforms in Mexico on right path toward judicial reforms
"Anyone who has tangled with the legal system south of the border knows that it's a frightening experience. In this country, an arrested person is presumed innocent, and the state has the burden of proving guilt. Warrantless searches are against the law. There's a right to a speedy trial, with all proceedings open to public review.
"None of those rights exist in Mexico, which helps explain why judicial and police corruption are rife and why Mexicans regard their judiciary with so much contempt and distrust.
"All that could be about to change..."
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