desertcpl - 2-16-2009 at 12:09 PM
The Mexican Judicial system is starting a historic reform by moving from an inquisitional to an oral, adversarial, system. Closed, written proceedings
are to be replaced with public trials in which oral testimony is allowed. Up to now, cases have been argued based only on written testimony and there
could be hundreds of such proceedings going on with stacks of attorneys' briefs, sworn statements and other documents shuffled on the judge's desk.
Misplaced paperwork has been a significant problem in such trials and the result is that many legal actions take years to complete.
A constitutional amendment approved by Mexico's 32 states was signed by President Felipe Calderon last summer. It gives Mexico until 2016 to move to
an adversarial system similar to the U.S. courts. Defendants would be presumed innocent until proven guilty. By opening the courtroom, reformers hope
to reduce chances for corruption and increase the public's confidence in the system through transparency. Training has now started and here is an
example from Colorado where prosecutors from Mexicali went last week to get an understanding of how the US system functions ... more.
BajaGringo - 2-16-2009 at 12:14 PM
It will be interesting to watch how the planned reform advances and how the system adjusts (or resists) the change.
desertcpl - 2-16-2009 at 12:17 PM
it will be a big step
Bajahowodd - 2-16-2009 at 01:57 PM
Actually, I believe Chihuahua has already implemented such a system.
DENNIS - 2-16-2009 at 02:33 PM
I wont hold my breath. We are expecting to see something like the American model but, by the time it is implemented, it'll be like nothing anybody
has ever seen before. Power isn't surrendered easily.
BajaGringo - 2-16-2009 at 03:06 PM
In reality of course, the US justice system has changed as well in the last 20 years via a series of supreme court decisions, new laws and executive
power. At the rate we are going, I suspect it ALL will look different from BOTH sides of the border in seven years.
Not making any opinion as to whether that is bad/good. Not sure yet...
[Edited on 2-16-2009 by BajaGringo]
Bajahowodd - 2-16-2009 at 03:19 PM
And no matter what the system, there shall always be corruption. look at the Middle East. Whether they could be believed or not, the Bush
administration claimed it was seeking to install an American Style democracy in Iraq. Trouble is that in much of the world, tribalism, religious
differences and tradition keep factions squabbling. That's where a strongman arises. So the question might be whether a benevolent strongman is worse
than a corrupt democracy?
cbuzzetti - 2-16-2009 at 05:15 PM
Ah yes paving the way for the North American Union. Gotta have the same court system to make it really work.
Is that the sound of black helos? Or is it just in my head ;-)