Presunto Culpable Film Analysis

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As see and discussed last week, the film Presunto Culpable translated to Presumed Guilty presented its viewers the harsh reality of the criminal justice system in Mexico as compared to the system used in the United States. The title itself captures the difficulty with this system. There the defendant is automatically presumed to be guilty at the moment of custody, and that presumption affects the way crimes are investigated and criminal charges are adjudicated. This affects the style of police investigation as see in the documentary, making them care less as long as they produce someone to give the charge too. Here it does not need to be supported by a legit evidence test of the evidence gathered by the police such as forensics, eye-witness …show more content…

This has been proven through the Universal Declaration of Human Rights. According to Article 11.1 of this doctrine “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense”. Yet, Mexico still as researched, has made little progress implementing this procedure. The presumption of innocence is present in the Mexican legal system and has the consequence that a person charged ‘enjoys the same legal status as an innocent person.’ It is indeed a political starting point that the law of criminal procedure assumes - or should assume - in a Rule of Law state. Meaning that it is acknowledge by the country that “you are innocent until proven guilty” however the state can do whatever they seem fitting. Many states that developed their own codes will have to adjust them to comply with new national standards. In some places the two systems will run in parallel, since crimes committed before the launch of the reforms will still be tried the old way. The Mexican constitutional reform of 2008 acknowledged the need for a justice system that would put an end to impunity and overturn the practices of the traditional system, which violate fundamental rights. This included new bail measures designed to ensure the presence in court of an accused, that he or she does not hinder the criminal process, and to guarantee the safety of complainants, witnesses, and the community. Also requires judges to order mandatory pre-trial detention when any of the following situations apply: organized crime, intentional homicide, rape, kidnapping, human trafficking, crimes committed by violent means such as with the use of weapons and explosives, and serious crimes as defined by national security,

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