BajaNomad

Teaching law without 'Perry Mason'

Gypsy Jan - 5-10-2013 at 12:32 PM

From The San Diego Union Tribune

By Dana Littlefield

"In 2008, when defense attorney Jesus Romero began teaching members of Mexico's legal community about trial procedure, he learned that many of their ideas about trials in the U.S. came from television and movies.

Not so shocking, perhaps, at a time when attorneys on this side of the border regularly warn juries against the "CSI effect" - the false belief that all crimes are solved with high-tech forensic tools and most trials wrap up neatly in about an hour.

More surprising, though, was when a man brought Romero a DVD from a legal course he had taken at a well-known institute in Mexico. The disk contained video clips of "Perry Mason," "A Few Good Men" and "My Cousin Vinny," meant to serve as examples of how to deliver opening statements, closing arguments and cross-examine witnesses.

"I thought he was kidding," said Romero, who has been a deputy public defender for 23 years, recounting the experience recently from his office in Chula Vista.

"I think that opened up the discussion to the fact that they needed to have U.S. or European or Canadian trial lawyers coming in and doing the instruction."

Since then, Romero, 48, has been working with mostly prosecutors and judges in Latin American countries, instructing them on how to conduct oral trials. He returned in April from a trip to Argentina, where he gave lectures at two universities in Rosario and Santa Fe.

He has already received an open invitation to go back to that country.

"They were hungry to know how the process truly works," Romero said.

In 2008, Mexico introduced constitutional and legislative changes that were expected to bring major changes to the judicial system.

According to a report by the University of San Diego's Trans-Border Institute, the reforms comprised four main elements: changes to criminal procedure, emphasis on due process rights of the accused, modifications to police agencies' roles in criminal investigations, and tougher procedures for combating organized crime.

Before that, Romero said, Mexico had a written system in which the accused would rarely see the judge and almost never see his accuser. The job of the prosecution was to submit the equivalent of a complaint, along with written declarations from witnesses and experts.

The defense attorneys, who are not required to do any independent investigation, would respond in writing, and a judge who had never laid eyes on any witnesses would decide the case and determine the sentence.

"An attorney can submit basically whatever they want," Romero said, noting that there's no bar association to regulate lawyers' conduct. "So that boded very badly for those that were criminally accused."

Since Romero was first invited to Zacatecas nearly five years ago, he has been asked back to Mexico and other countries again and again, often on his own but most recently as a representative of the county Public Defender's Office. The institutions that invite him usually pay his way.

He said the task has felt natural to him - speaking in Spanish, his primary language, and instructing a mostly eager audience about presumption of innocence and reasonable doubt.

Public Defender Henry Coker praised Romero's effort. When lawyers make these kinds of trips, they help strengthen connections between the nations, Mexico in particular, and foster understanding with the greater legal community, Coker said.

But he also acknowledged that change is difficult and often happens slowly.

"If anyone can do it, Jesus can," he said."

DENNIS - 5-10-2013 at 12:41 PM

Quote:
Originally posted by Gypsy Jan


But he also acknowledged that change is difficult and often happens slowly.

"If anyone can do it, Jesus can," he said."


Reality....at its finest. :lol:

Perry Mason ?

MrBillM - 5-10-2013 at 08:14 PM

Obviously, a poor choice given Law in the Real world.

It should have been "Matlock".

However, given the fact that it's the Mexican Legal system, a primer on artful bribing might be appropriate, too.

If successful (as is often the case), oral presentation to the jury isn't that critical.

No need to be Raymond Burr or Tom Cruise.

Or, even Andy Griffith.

David K - 5-10-2013 at 09:50 PM

Perry Mason was the creation of one of Baja's greatest fans, Erle Stanley Gardner!

While exploring Baja in the 1960's, Gardner would stay in communication with the TV studio via private plane and helicopter from his many campsites to go over details, etc.

Via Auto, Plane and Helicopter

MrBillM - 5-11-2013 at 09:26 AM

Those of us who have read ESG's Baja Books might note, with amusement, some of the current dialogue regarding extravagant Baja "Camping" vehicles.

Erle spared no expense and traveled in the most comfortable style available at the time given the territory.

ESG Was a Good Friend of My Father

Gypsy Jan - 5-11-2013 at 01:12 PM

I think that I inherited my love for Baja from the stories told around the dinner table.

David K - 5-11-2013 at 04:39 PM

I was very fortunate to have known Choral Pepper, who was on many Gardner expeditions representing Desert Magazine. I heard many great stories about the Gardner expeditions.

Sacremento Desert?

durrelllrobert - 5-11-2013 at 04:47 PM

Quote:
Originally posted by David K
Perry Mason was the creation of one of Baja's greatest fans, Erle Stanley Gardner!

While exploring Baja in the 1960's, Gardner would stay in communication with the TV studio via private plane and helicopter from his many campsites to go over details, etc.



Literally; or was he talking about the political machine under Pat Brown back then.

"Sacramento is technically not considered desert. Although, for almost half the year it can sure feel like it much of the time when temperatures can reach the 100-110 degree range. The Sacramento area is considered semi-arid especially from late May through September when it's typically bone dry with little to no precipitation. It can be much greener and more lush than any desert region during the rainy season from November till April, but a lot of the vegetation turns brown, dried out, and brushy by mid July giving the area a semi-desert looking scape."

Read more: http://www.city-data.com/forum/sacramento/160320-sacramento-...

David K - 5-11-2013 at 05:46 PM

The final couple of years of Erle's life, he became fascinated with the people who lived on houseboats in the Sacramento River Delta, and wrote one or two books about them (1969-1970?).

Because Erle had always loved deserts and wrote books about California or Baja California desert trips, I think the New York publisher just figured it was going to be about a desert called 'Sacramento'... However, it is pretty darn hot and dry in Sacramento in the summer!