| On June 17, 2008, the San Diego Union-Tribune reported on the passage and signing of constitutional amendment in Mexico that should eventually bring major changes to the criminal justice system. The change is huge, both for the organization and the philosophy of the judicial system. The Mexican criminal justice system has, until now, been an inquisitorial one. In inquisitorial systems, judges are considered responsible for finding truth in criminal cases, for protecting society, and for protecting the accused. Prosecutors and defendants (or their attorneys) present evidence and arguments, but judges can order investigations and ask questions of all parties to a case. Once a judge determines the truth of the accusations, he or she determines whether to dismiss the case or to convict and sentence a defendant. Inquisitorial systems are used in most countries that were not part of the British Empire. Russia and China use inquisitorial systems. The UK and Nigeria use (and soon Mexico will use) adversarial criminal law systems. In adversarial systems, judges are independent and neutral actors. All parties to the case (or their lawyers) present their facts and persuasive evidence to juries or judges, who determine guilt or innocence. The primary role of judges is to ensure that all parties follow the rules of trial behavior. They do not ask questions or order investigations. (Appeals court judges in adversarial systems can ask questions of attorneys, but they cannot consider anything not already in the record.) |
| from the "Law Library - American Law and Legal Information" |
| Mexico adopts U.S.-style trials, presumption of innocence "Mexico threw open the doors to its judicial system Tuesday, allowing U.S.-style public trials and creating a presumption of innocence. "Under the long-awaited constitutional amendment signed by President Felipe Calderón, guilt or innocence will no longer be decided behind closed doors by a judge relying on written evidence. "Prosecutors and defense lawyers will now argue their cases in court, and judges must explain their decisions to defendants. "'This is perhaps the most important reform to the criminal system that Mexicans have had in a long time,' Calderón said after signing the amendment. "Mexico now faces the long, tedious task of implementing the changes, which must be in place by 2016 according to the law. "It will likely take even longer to change the culture surrounding treatment of the accused in Mexico, where suspects are routinely paraded before cameras sometimes holding weapons they are accused of using in crimes even before they have been charged. "'Now we can offer citizens a more transparent judicial system that respects human rights and protects your rights with more speed and efficiency,' Calderón said. "Analyst George Grayson said the amendment brings the judicial system into the 21st century. "'This is long overdue,' said Grayson, a Mexico expert at the College of William & Mary in Virginia. 'It was a medieval system.'..." |
| Two days later, the U.S.' National Public Radio reported on the amendment. Big Changes to Mexico's Judicial System (Click on the title so you can listen to the 5 and half minute report.) |