The opening of the new court complex in Chapala ties in to a 2008 amendment to Mexico’s constitution, mandating the country’s transition from an inquisitorial criminal justice system to the adversarial legal system familiar to citizens of the United States, Canada and Great Britain.
Jalisco is one of the states that has been slowest to make adjustments for the overhaul of the penal justice paradigm. But with a deadline looming four months ahead, things are finally in full motion.
Standing out among the most radical changes is a switch from the traditional trial model, in which judges and prosecutors work closely together to build cases against defendants, to oral trials where judges act as impartial referees between defense and prosecution attorneys arguing opposing views in public hearings.
Lawyers for the parties involved present evidence before the court, with opportunities to examine and cross-examine evidence and witnesses. The judge then weighs the merits of their respective arguments to come to a decision. Jury trials are not contemplated under the reformed system.
Its chief benefit is considered to be more swift, agile and transparent delivery of justice. Others include greater protection of human rights, compensation for damages to victims, the presumption of innocence for the accused, and channels for resolving some legal conflicts through conciliation outside the court.
The role of law enforcement officers is likewise evolving under the new system. Municipal police, for example, are being empowered to directly register criminal complaints, secure and examine crime scenes and undertake full investigation of many types of criminal offenses such as burglary, theft, kidnapping, rape and homicide. Before now, only agents of the Ministerio Público (district attorney’s office) had authority to pursue these legal tasks.
Chapala police chief Adán Domínguez reports that in the course of last week officers under his command opened their first investigation files, one concerning a complaint of domestic violence and another related to a man charged with resisting arrest and drug possession.
Meanwhile, officials at the local Ministerio Público say they will remain at the service of foreign residents, with English-speaking personnel available at the Chapala office and bimonthly outreach visits to the Lake Chapala Society.