Jury Trial System Analysis

1946 Words8 Pages

I. Introduction

Many experiences can come from walking on foreign land. We can learn the language, enjoy the cuisine, take in the culture, etc.., but how can one get a sense for a country 's government or legal system at ground zero? Although my sense for Mexico’s government is in hindsight, today I’m able to draw a line between the dots that represent my experiences and the once reality of political life in Los Estados Unidos Mexicanos. I have fond memories of my early teens which included going on family trips to my grandfather 's ranch in Puerto Pensaco, a city at the northeastern part of the state of Sonora. I can remember …show more content…

We will look at the history of the mexican judicial system, data that depicts the response of mexican society, which leads to theories enforcing the belief that the country is ready for lay participation in criminal proceedings. Using South Korea’s model of a jury trial system, my paper acknowledges how they have overcome challenges in achieving moderate implementation, challenges that Mexico can avoid because they have had a brief history of jury trials, not to mention stronger will of participatory social capital. Through the legal comparisons of Mexico, South Korea and the United States of America, I attempt to give a clearer view of both the impediment and facilitation elements of successful jury trial procedures in the criminal justice system. The highlights will illuminate what it takes to implement such systems and the overarching impact it will have on many different aspects of life in the future of Mexico’s society and …show more content…

D.A. Shirk stresses the radical attempt to alter hundreds of years of legal tradition in less than a decade, but the important part of this reform is that it will touch all aspects of the judicial sector, including the police, prosecutors, public defenders, the courts and the penitentiary system. These are the areas that cause most of the country 's troubles. How do we approach the criticism mentioned above? Viable options for the possible establishment of the lay justice system in Mexico might include: the use of a “verdict questionnaire” in the form of a list of propositions answered by the jury;....introduction of lay participation at the state level; and implementation of a mixed tribunal that allows joint deliberations by professional and lay judges, in addition to all-citizen juries (Fukurai, Knudston, Lopez 2009). This process has to start somewhere and Mexicans have the confidence in jury participation and feel that popular jury could prevent possible overzealous prosecution or judges unfair decisions. This leads to suggest that lay participation in Mexico will play an important watchdog function in local communities , as well as in the courtrooms(Fukurai, Knudston, Lopez 2009). Having Jury trials in Mexico will serve more of chess move that the actual end result. The move that will sustain a democratic rule of law. Even considering mixed tribunals will have to be scrutinized.

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