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| Mexico's
Criminal Justice System | by Prof. German
Estrada
November 26, 2001. | For those
of you who are curious about the Criminal Justice System in Mexico, these two
articles will give you a general idea about it. The judiciary
is divided into federal and state systems. Federal courts have jurisdiction over
major felonies, including drug trafficking. In the federal system, judicial power
is exercised by the Supreme Court of Justice, circuit courts, and district courts.
The first chamber of the Supreme Court, composed of a president and 4 other judges,
deals with penal affairs. 12 collegiate circuit courts, each with 3 magistrates,
deal with the right of amparo (constitutional rights of an individual, similar
to habeas corpus). 9 unitary circuit courts, of one magistrate each, deal with
appeals. There are 68 one-magistrate district courts. State judiciary systems
following a similar pattern are composed of state supreme courts, courts of first
instance, and justices of the peace or police judges. In
most instances, arrests can be made only on authority of a judicial warrant, with
the exception of suspects caught in the act of committing crimes. Suspects often
are arrested without warrants, but judges tend to overlook this irregularity.
Those arrested are required to be brought before an officer of the court as soon
as possible, generally within 48 hours (96 hours when organized crime is alleged),
whereupon their statements are taken and they are informed of the charges against
them. Within 72 hours of arraignment, the judge must remand the arrested person
to prison or release him or her. Criminal trials in nearly
all cases are tried by a judge without a jury. The judge acting alone bases his
or her verdict on written statements, depositions, and expert opinion, although
in some instances oral testimony is presented. Defendants have access to counsel,
and those unable to afford legal fees can be assigned public defenders. The quality
of pro bono counsel is often inferior. The accused and his or her lawyer do not
always meet before trial, and the lawyer may not appear at the important sentencing
stage. The right to a public trial is guaranteed, as is the right to confront
one's accusers and to be provided with a translator if the accused's native language
is not Spanish. Under the constitution, the court must hand down a sentence within
four months of arrest for crimes carrying a maximum sentence of two years or less,
and within one year for crimes with longer sentences. The
entire process--the time for a trial, sentencing, and appeals--often requires
a year or more. According to Amnesty International, a large number of persons
charged with crimes have been held far beyond the constitutional limits for their
detention. The long trial process and the detention of those who cannot qualify
for or make bail are major causes of crowded prison conditions. The
penal code stipulates a range of sentences for each offense. Sentences tend to
be short, in most cases not longer than seven years. The actual time of incarceration
is usually three-fifths of the sentence, assuming good behavior. Those sentenced
for less than five years may avoid further time in jail by payment of a bond. Prison
Conditions The penal system consists of both federal and
state correctional institutions. The largest federal prison is the penitentiary
for the Federal District. The Federal District also sends prisoners to four detention
centers, sixteen smaller jails, and a women's jail. Each state has its own penitentiary.
There are, in addition, more than 2,000 municipal jails. As of the end of 1993,
nearly 95,000 inmates were in Mexican prisons; almost half were persons still
awaiting trial or sentencing. Overcrowding of prisons
is chronic. Mistreatment of prisoners, the lack of trained guards, and inadequate
sanitary facilities compound the problem. The United States Department of State's
country reports on human rights practices for 1992 and 1993 state that an entrenched
system of corruption undermines prison authority and contributes to abuses. Authority
frequently is exercised by prisoners, displacing prison officials. Violent confrontations,
often linked to drug trafficking, are common between rival prison groups.
gestrada@pvnet.com.mx
Prof. Germán Estrada is the
author of the best selling book, "México
Mágico: Everything You Wanted To Know About... But Nobody Told
You..." available in Puerto Vallarta at The Net House, Mail Boxes, Etc.,
Books, Books as well as directly from the author by internet. Archives
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