Saturday, March 1, 2008

Mexico Discovers Due Process

Mexico is in the process of overhauling its criminal justice system (WSJ). Jury trials aren't in the works, yet, but reforms include a move from an inquisitorial system in which judges decide cases in secret based on written submissions, to an adversarial system of open trials with oral argument.

Oh, and now people accused of crimes in Mexico will be presumed innocent.

4 comments:

Anon said...

I think one is already innocent until proven guilty in Mexico. At least, that is what is says in Stephen Zamora's book, Mexican Law at 358. http://www.amazon.com/Mexican-Law-Stephen-Zamora/dp/0198267770
(To see the exact page, use the "search inside" feature and search for "guilty until proven innocent").

David Tarrell said...

I knew manufacturing jobs were moving south of the border to low wage, non-union workers, but now it appears that as our own individual rights are fading here, they're turning up over down there where they're truly needed.

I can hear the Cheney administration's spin on this already as it's going to be a little like the Reagan Administration's view of unions: they loved them, as long as they were in Poland.

Tomorrow Bush will be talking about a new Marshall plan to lend certain Amendments to relatively young nations. Mexico gets the right to a trial while we make due with tribunals. Iraq gets the due process clause during our "temporary" occupation.

These rights may be important in relatively young nations, but we can't keep them all to ourselves or the terrorists might win!

Ron in Houston said...

Sometimes I think "innocent until proven guilty" is just an illusion that we kid ourselves with.

Mark Bennett said...

Anon,

Maybe Mexico is just adding "innocent until proven guilty" to its constitution -- something that we could stand to do.