Amparo Habeascorpuscompared
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Dr. Lazin's presentation on Comparative Analysis of the Law of amparo/habeas corpus in Mexico and the U.S., and Canada

Dr. Lazin's presentation on Comparative Analysis of the Law of amparo/habeas corpus in Mexico and the U.S., and Canada

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  • Analysis of two Cases enclosed.
  • American vs Mexican legislation. Major differences. Map of the state of California, where most Mexican gang members are doing time in U.S. prisons (Read “Black Hand”) and the districting. More prisons are being built, instead of eradicating the problem.
  • See the now notorious case of Dog, Duane Chapman.
  • ・ Dog the Bounty Hunter DVD- Duane Chapman
  • Bounty hunting is illegal in Mexico. Source: http://en.wikipedia.org/wiki/Dog_the_Bounty_Hunter
  • http://www.cnn.com/2006/LAW/09/14/dog.bounty /Mexican police said that the three men subdued Luster outside a nightclub, put him in an SUV and drove off June 18, 2003. Police stopped the vehicles soon afterward and took the men into custody.Chapman and his crew were not authorized to track Luster and take him into custody in Mexico, Mexican officials said at the time, adding that bounty hunting is illegal in Mexico.
  • Full story on Andrew Luster’s criminal history: http://www.cnn.com/2003/LAW/06/19/max.factor.heir/index.html
  • secuetros exprés are, since June 15, 2005, now secuestros Juan Arvizu Arrioja El Universal online Ciudad de México Jueves 16 de junio de 2005.

Amparo Habeascorpuscompared Presentation Transcript

  • 1. Comparative Analysis of the Amparo Mexican Law and the U.S. Judicial System by Olga M. Lazin, UCLA
  • 2. The Amparo and American Law
    • Habeas Corpus vs. The Amparo
    • Guilty until Proven Innocent in Mexico in a court of law.
    • In the U.S. one is innocent until proven guilty.
  • 3. Major Differences
    • Trial by a jury in the U.S.
    • Trial by one judge in Mexico
    • One cannot confront his/her accuser in Mexico.
    • Bounty hunting is legal in the U.S.
    • Bounty hunting is illegal in Mexico.
  • 4. Amparo and Habeas Corpus (U.S.)
    • In Mexico, two lawyers Rej ón and Otero were concerned with the unchecked power of executive and legislative authorities at the national, state, and local levels.
    • Thus, Mexico’s Writ of Amparo reverses the harsh Napoleonic Code to assure that at least some persons/entities are presumed to be innocent.
  • 5. Comparison HC vs Amparo
    • In effect, the Amparo is “Habeas Corpus” before arrest (not after arrest as in the USA). Because the judge who issues the Writ prevents abusive arrest or action by non-judicial branches of government, the judge takes the individual or entity under his/her care until the case is resolved.
  • 6. Judge vs trial by a jury of your peers
    • Such action by a judge is not practical for many cases owing to the fact that the judge is responsible for assuring that the accused will not flee or the entity will not, eg, hide its assets.
    • Thus, except for the very rich, who can afford to “compensate” judges for the risk that they take, few individuals/entities are granted Amparos.
    • A no-cost exception occurs in egregious cases where the general population demands that obviously unfair governmental practices and/or threats be stopped by the Courts.
  • 7. Duane Dog’s case
    • Dog Duane was arrested here in the U.S.
    • by U.S. Marshals at Mexican authorities
    • request.
  • 8. Dog Jumped Bail in Mexico
    • Dog's lawyer is Bill Bollard.
    • He is wanted for unlawful deprivation of freedom of Andrew Luster in 2003 in PV.
  • 9. How Unintegrated the 2 Systems Are
    • This case and many others prove how incompatible the 2 systems are.
  • 10. Napoleonic code in Spanish colonies and French dominions
    • http://en.wikipedia.org/wiki/Napoleonic_Code
    • Even though the Napoleonic Code was not the first civil code and did not represent the whole of his empire, it was one of the most influential. It was adopted in many countries occupied by the French during the Napoleonic Wars and thus formed the basis of the private law systems also of Italy, the Netherlands, Belgium, Spain, Portugal and their former colonies .
  • 11.
    • In the German regions on the left bank of the Rhine (Rhenish Palatinate and Prussian Rhine Province) the Napoleonic code was in use until the introduction of the B ug erliches Gesetzbuch in 1900 as the first common civil code for the entire German empire.Napoleonic Code was also adopted in 1864 in Romania (with some modifications), which is still in force as of 2006.(articles 461 to 1914)
  • 12. MILITARY ACT, 2005
    • Military Commissions Act last summer, it gave the Bush Administration the right to detain anyone labeled an "unlawful enemy combatant" - without charge or trial - for as long as it pleases.
  • 13. http://foros.fox.presidencia.gob.mx/read.php?3,93807
    • Express Hijackings in Mexico were considered misdemeanors. Only in 2005, July were this type of misdemeanors declared hijackings or Kidnappings in the Mexico City, but not in the entire Republic.
  • 14.