About the Criminal Justice System:
The criminal justice system in Mexico has many differences than the United States. In Mexico, the legal system is that of “civil law” while in the United States it is “common law.”[1] In the common law system, the judges rely on their decisions based on precedent while in civil law system is focused on the text of the actual laws rather than on prior court decisions.[1] In the Mexican criminal system, the accused is considered guilty until proven innocent. When arrested one has the right to contact counselor representation as in the United States. The trials are split into many separate hearings and testimonies and arguments are written rather than given live. In the absence of a jury a judge decides and imposes a sentence based on the documents. Depending on the length of sentence depends on the amount of time the judge has to give a verdict. For example, if a sentence is two years or less the judge have approximately 4 months and approximately a year to reach a verdict if the sentence is longer than two years.[1] As a result, the judicial system is rather slow as the criminal justice system is overrun.
The Mexican criminal justice system is often ubiquitous with corruption with officials accepting bribes[2]. According to the Mexican Ministry of the Interior's 2012 National Survey of the Criminal Justice System, 6% of the Mexicans surveyed had confidence in the justice system.[2] The lack of confidence in the criminal justice system is attributed to corruption, criminals not being held accountable, the slow judicial process and poor service from public servants. Some reform was attempted to be made by passing legislation to have oral trials rather than written. Transitioning to the new judicial system has been slow over as Mexico tries to develop an adversarial system.
Mexico's Criminal Justice System and the United States
Outside of the United States, Mexico has the highest incarceration rate of American citizens. In recent years there are many accounts of American citizens being arrested and processed through the Mexican criminal justice system. Mexico is working to make stricter drug trafficking laws and as a result majority incarcerated are for drug related crimes [2]. As a result, not only are prisons becoming overcrowded with citizens who break the laws but American’s as well (read articles below). The United State and Mexico made the 1977 Prisoner Transfer Treaty which allows American prisoners in Mexican jails to serve their sentence in the United States if the crime is recognized by the laws of both countries. Understanding how other countries criminal justice system is important in knowing ones rights if ever arrested.
News Article of American citizens’ arrested in Mexico:
· Marine vet held in Mexican prison could be released soon
· In Mexico, guilty until proven innocent
Guide for U.S. citizen’s arrested in Mexico
· Mexican Criminal Justice System
[1] "Mexico's Criminal Justice System." U.S. Consulate. Tijuana.usconsulate. United States Government. Web.
[2] Meyer, Maureen, and The Opinions Expressed in This Commentary Are Solely Those of Maureen Meyer. "In Mexico, Guilty till Proven Innocent." CNN. Cable News Network, 01 Jan. 2005. Web.
The criminal justice system in Mexico has many differences than the United States. In Mexico, the legal system is that of “civil law” while in the United States it is “common law.”[1] In the common law system, the judges rely on their decisions based on precedent while in civil law system is focused on the text of the actual laws rather than on prior court decisions.[1] In the Mexican criminal system, the accused is considered guilty until proven innocent. When arrested one has the right to contact counselor representation as in the United States. The trials are split into many separate hearings and testimonies and arguments are written rather than given live. In the absence of a jury a judge decides and imposes a sentence based on the documents. Depending on the length of sentence depends on the amount of time the judge has to give a verdict. For example, if a sentence is two years or less the judge have approximately 4 months and approximately a year to reach a verdict if the sentence is longer than two years.[1] As a result, the judicial system is rather slow as the criminal justice system is overrun.
The Mexican criminal justice system is often ubiquitous with corruption with officials accepting bribes[2]. According to the Mexican Ministry of the Interior's 2012 National Survey of the Criminal Justice System, 6% of the Mexicans surveyed had confidence in the justice system.[2] The lack of confidence in the criminal justice system is attributed to corruption, criminals not being held accountable, the slow judicial process and poor service from public servants. Some reform was attempted to be made by passing legislation to have oral trials rather than written. Transitioning to the new judicial system has been slow over as Mexico tries to develop an adversarial system.
Mexico's Criminal Justice System and the United States
Outside of the United States, Mexico has the highest incarceration rate of American citizens. In recent years there are many accounts of American citizens being arrested and processed through the Mexican criminal justice system. Mexico is working to make stricter drug trafficking laws and as a result majority incarcerated are for drug related crimes [2]. As a result, not only are prisons becoming overcrowded with citizens who break the laws but American’s as well (read articles below). The United State and Mexico made the 1977 Prisoner Transfer Treaty which allows American prisoners in Mexican jails to serve their sentence in the United States if the crime is recognized by the laws of both countries. Understanding how other countries criminal justice system is important in knowing ones rights if ever arrested.
News Article of American citizens’ arrested in Mexico:
· Marine vet held in Mexican prison could be released soon
· In Mexico, guilty until proven innocent
Guide for U.S. citizen’s arrested in Mexico
· Mexican Criminal Justice System
[1] "Mexico's Criminal Justice System." U.S. Consulate. Tijuana.usconsulate. United States Government. Web.
[2] Meyer, Maureen, and The Opinions Expressed in This Commentary Are Solely Those of Maureen Meyer. "In Mexico, Guilty till Proven Innocent." CNN. Cable News Network, 01 Jan. 2005. Web.