The Mexican Amparo and U. S. Habeas Corpus:

Comparative Analysis

The Mexican Amparo and U. S. Habeas Corpus:

Comparative Analysis

The Amparo and American Law

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.

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.

Major DifferencesMajor 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.

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.

Amparo and Habeas Corpus (U.S.)

Amparo and Habeas Corpus (U.S.)

In Mexico, two lawyers Rejón 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.

In Mexico, two lawyers Rejón 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.

Comparison HC vs AmparoComparison 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.

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.

Judge vs trial by a jury of your peers

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.

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.

Duane Dog’s caseDuane Dog’s case

Dog Duane was arrested here in the U.S.

by U.S. Marshals at Mexican authoritiesrequest.

Dog Duane was arrested here in the U.S.

by U.S. Marshals at Mexican authoritiesrequest.

Dog Jumped Bail in Mexico

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.

Dog's lawyer is Bill Bollard.

He is wanted for unlawful deprivation of freedom of Andrew Luster in 2003 in PV.

How Unintegrated the 2 Systems Are

How Unintegrated the 2 Systems Are

This case and many others prove how incompatible the 2 systems are.

This case and many others prove how incompatible the 2 systems are.

Napoleonic code in Spanish

colonies and French dominions

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.

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.

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 Bugerliches 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)

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 Bugerliches 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)

MILITARY ACT, 2005MILITARY ACT, 2005

Military Commissions Act in 2008, 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.

Military Commissions Act in 2008, 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.

The Patriot Act, more abuse against citizen’s rights in the United States

The Patriot Act, more abuse against citizen’s rights in the United States

http://foros.fox.presidencia.gob.mx/read.php?3,93807http://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.

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.

Hijackings have been considered unlawful in Mexico City only since 2005.

Hijackings have been considered unlawful in Mexico City only since 2005.