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Exactly! And this is what we are aiming at...reforming the constitution and making it a right to be innocent until proven otherwise.
I misunderstood this thread. A Constitutional change to the judicial system was signed in 2007. All states have until 2016 to change to open courtrooms and a "presumption of innocence" type trial. Four states already have this in operation. It looks like juries are still lacking.
In what experts say is nothing short of a revolution, Mexico is gradually abandoning its centuries-old Napoleonic system of closed-door, written inquisitions — largely a legacy of Spanish colonial rule — that had long been criticized as rife with corruption, opaque decisions, abuse of defendants and red tape that bogged down cases for years.
Instead, for the first time, defendants will be presumed innocent until proved guilty, instead of the other way around, as they are now. The police will use more forensics and meticulous fact-gathering. Plea bargains, mediation and probation, never tried before in Mexico, will become standard.
And, in what many consider one of the biggest leaps, courtroom doors will be thrown open to the public for oral trials before a trio of judges where victims and the accused can confront one another and evidence will be laid out in the open.
In the four states that have adopted the changes — Chihuahua, Oaxaca, Nuevo León and Baja California — there have already been a handful of such trials.
I misunderstood this thread. A Constitutional change to the judicial system was signed in 2007. All states have until 2016 to change to open courtrooms and a "presumption of innocence" type trial. Four states already have this in operation. It looks like juries are still lacking.
That is only statewide and as you know it is not making any progress...four states. Even these states have had a lack of support. I'm sure you have read on the "juicios orales" and the challenges its facing like in the state of Chihuahua.
The motive behind "Presunto Culpable" is to make a nationwide Constitutional Reform, as it carries more weight than a state reform, is my thoughts. I have contacted Roberto and Layda for some clarification. However, with the release of the movie in a day, it will be very difficult to get a response any time soon.
I will let you know as soon as I can.
It doesn't make any difference. That person will have to get an order in every Mexican state. Federal judges do not have the power over individual states like they do in the U.S.
The TV people can appeal and have the order overturned just like in the U.S.
I do like the judge's name "White Wolf" or is that the translation?
Yes, it was ordered by a judge to stop the movie from showing it in the theaters. Good thing is that President Calderon is not on the judge's side. It is believed that it will take about four days to overturn the decision. I will keep you all posted on what is going on.
Apparently, one of the persons that appears on the documentary wants judicial protection now that his identity is public. This is they guy that accused Tono of murdering the cousin. However, he was filmed with his consent and the producers should be defended under freedom of speech. AND... In the Mexican Constitution it is permitted by law to have a public audience.
Roberto has stated that he will continue showing the movie until he receives a written order from the judge. Supporters for the movie have already started to protest. I have no doubt that the fight to make the corruption in the Mexican judicial system public will continue. Roberto and his colleagues have already started working on a second movie of "Presunto Culpable".
The other part of the puzzle is that the guy that filed for this protection does not have an education higher than 5th grade. Which means, someone put him up to this...once again.
I should also mention that the profits from movie goers were being donated to Renace. Renace is an institution that defends people like Tono, who are innocently incarcerated. Unfortunately, we have received word that the movie has been "bootlegged".
"Presumed Guilty" (Presunto culpable) has sold more tickets than any Mexican documentary ever, pulling in 18.6 million pesos ($1.54 million) at the box office in just 10 days.
Quote:
Now "Presumed" looks set to take pole position as the highest grossing doc in Mexico from any nation, a record held by Michael Moore's "Fahrenheit 9/11," which earned $2.24 million in 2004.
It doesn't make any difference. That person will have to get an order in every Mexican state. Federal judges do not have the power over individual states like they do in the U.S.
The TV people can appeal and have the order overturned just like in the U.S.
I do like the judge's name "White Wolf" or is that the translation?
Federal judge did order the movie be removed from ALL theaters in the country.
The judge's name is Blanca is the same as "Bianca". Its origin is Italian. Her last name is Lobo and does translate to "wolf".
We will see next week what happens with this case. I have total confidence that the law is on Roberto's side and that the movie will continue to be shown. If not... I expect major protests.
we must be naive to suppose the witness in the case has the money to pay the lawyers who's stop this movie, all the mexican judicial system is aware of their bad reputation and this movie only increase that, so they must stop the distribution of the movie to maintain their privileges.
Federal judge did order the movie be removed from ALL theaters in the country.
The judge's name is Blanca is the same as "Bianca". Its origin is Italian. Her last name is Lobo and does translate to "wolf".
We will see next week what happens with this case. I have total confidence that the law is on Roberto's side and that the movie will continue to be shown. If not... I expect major protests.
Unlike the Common Law system in the U.S., Canada, England, etc., in Mexico a federal decision does not effect all states.
The first court applied to is a trial court and would not have a national jurisdiction. Federal trial courts in the U.S. have jurisdiction only in their district. The federal Court of Appeals only within their circuit which contains a few states, and only the Supreme Court can make a decision that effects the whole country. Mexico is similar except the states are not obliged to follow all federal laws and judicial decisions. It's a weird system compared to what we are used to.
Unlike the Common Law system in the U.S., Canada, England, etc., in Mexico a federal decision does not effect all states.
The first court applied to is a trial court and would not have a national jurisdiction. Federal trial courts in the U.S. have jurisdiction only in their district. The federal Court of Appeals only within their circuit which contains a few states, and only the Supreme Court can make a decision that effects the whole country. Mexico is similar except the states are not obliged to follow all federal laws and judicial decisions. It's a weird system compared to what we are used to.
I am not sure that is correct. In Mexico the supreme law is the federal law, all the states has their own law but is below the federal law or constitution as is properly named.
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Order to Suspend Presumed Innocent
