The Problem of Evidence in Continental Law and Common Law.

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Presentation transcript:

The Problem of Evidence in Continental Law and Common Law

Criminal Justice System France

Casation Court Appeal Courts Police Court (Instance Court) Cour d’Assises Correctional Court (Great Instance Court) Judge of Instruction (Investigation) Gendarmery (No Appellation) Accusation Room (Instruction) Public Prosecutor Minor Offences (Contraventions) Minor Felonies (Délicts) Major Felonies (Crimes) Judicial Police P O L I C E Appeal Trial Investigation Instruction Chamber Liberty Judge

Criminal Justice System Mexico

Supreme Court of Justice Criminal Hall Appeal Court (Tribunal Colegiado de Cricuito) Constitutional Judge (Juez de Amparo) Single Court (One Judge) Judicial Police Public Prosecutor Notitia Criminis or by own initiative Accusation Appeal Public Trial Investigation Foresees Group Appeal Court (Tribunal Unitario de Circuito) Collect Evidences

Criminal Justice System United States

Supreme Court of Justice Grand Jury U.S. Attorney Appeal Trial Preliminary Examination Appeal Courts U.S. Court of Appeals for the Federal Circuit Regional Circuit Courts of Appeal Law Enforcement Agencies Offense Probable cause found Investigation Plea Bargain District Court Jury

Standards of Argumentation in the U.S. System No Probable Cause Needed (Customs Officials and Immigration) Probable Cause Needed (Search and Seizures) Standards in Civil Proceeding Beyond any Reasonable Doubt

Methods of International Cooperation Police-to-Police Interpol Justice-to-Justice (International Rogatory) Mutual Legal Assistance F.I.U.-to-F.I.U.

Mutual Legal Assistance Vs Rogatory Rogatory System from Justice to Justice Based on reciprocity Goes through Diplomatic channels, therefore is slower M.L.A. System ruled by Treaties Based on International Legal Instrument From Central Authority to Central Authority, therefore faster

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