Mexican Judicial System (From Comparative Criminal Justice: Traditional and Nontraditional Systems of Law and Control, P 307- 320, 1996, Charles B Fields and Richter H Moore, Jr, eds. -- See NCJ-161138)

• NCJ Number: 161155
• Author(s): R Gannon-Scherlen
• Date Published: 1996
• Length: 14 pages
• Sale Source: Waveland Press, Inc.
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

After profiling the main aspects of the Mexican judicial system, this paper explores corruption and human rights violations in the Mexican legal system.

Abstract

The Mexican Constitution and criminal proceedings are different from those in the United States. The role of the judiciary is more limited, since the civil-law tradition argues that the creation of law resides in the public and in the legislature; however, the role of the Federal judiciary is greater in Mexico. This reflects the greater degree of centralization in all spheres of government in Mexico and the weakness of the Federal system. Unlike the United States, the Constitution of Mexico and its codes are very specific. Within the constitution are a number of individual "guarantees" not found in the U.S. Constitution. The judge is the central and most active participant in the judicial process. Unlike the U.S. system, the function of attorneys is limited in criminal proceedings. Even though the laws and Constitution of Mexico establish an independent judiciary that oversees a judicial process with strong guarantees for individual rights, the activities of the judicial system do not always reflect this. Corruption and human rights violations transform the letter of the law into a different reality. Significantly, however, the increased presence of nongovernmental organization, the growth and development of an official Human Rights Commission, and increasing political competition and public awareness are combatting the severe problems within the Mexican judicial system. 2 notes and a 9-item bibliography