Criminal Justice, Due Process and the Rule of Law in Mexico

Criminal Justice, Due Process and the Rule of Law in Mexico

Abstract The criminal justice process should not involve obtaining the truth at any price. This article discusses how Mexico has adopted exceptional regulations which violate due process considerations and create a problematic breach of the rule of law. We argue that, at a time when Mexican society suffers the consequences of organized crime, the Constitution provides for two types of regulations: one protecting human rights, which are the foundation of the rule of law; and another which infringes on the individual rights of those suspected of having participated in organized criminal activity. We examine mechanisms such as preventive detention and preventive imprisonment and analyze their treatment under Mexican law as well as in international agreements. We explore whether or not the fight against criminality and the prosecution of criminals “by any means necessary” is more important that the protection of the human rights of those suspected of illegal activity. We conclude by suggesting that the response to criminality should not require limitations on the constitutional freedoms of citizens.

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Main Author: Rosa Rodríguez,Paola I. de la
Format: Digital revista
Language:English
Published: Universidad Nacional Autónoma de México, Instituto de Investigaciones Jurídicas 2019
Online Access:http://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S1870-05782019000100147
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spelling oai:scielo:S1870-057820190001001472020-04-06Criminal Justice, Due Process and the Rule of Law in MexicoRosa Rodríguez,Paola I. de la Organized crime prosecution of crime human rights preventive detentions rule of law Abstract The criminal justice process should not involve obtaining the truth at any price. This article discusses how Mexico has adopted exceptional regulations which violate due process considerations and create a problematic breach of the rule of law. We argue that, at a time when Mexican society suffers the consequences of organized crime, the Constitution provides for two types of regulations: one protecting human rights, which are the foundation of the rule of law; and another which infringes on the individual rights of those suspected of having participated in organized criminal activity. We examine mechanisms such as preventive detention and preventive imprisonment and analyze their treatment under Mexican law as well as in international agreements. We explore whether or not the fight against criminality and the prosecution of criminals “by any means necessary” is more important that the protection of the human rights of those suspected of illegal activity. We conclude by suggesting that the response to criminality should not require limitations on the constitutional freedoms of citizens.info:eu-repo/semantics/openAccessUniversidad Nacional Autónoma de México, Instituto de Investigaciones JurídicasMexican law review v.11 n.2 20192019-06-01info:eu-repo/semantics/articletext/htmlhttp://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S1870-05782019000100147en10.22201/iij.24485306e.2019.1.13131
institution SCIELO
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country México
countrycode MX
component Revista
access En linea
databasecode rev-scielo-mx
tag revista
region America del Norte
libraryname SciELO
language English
format Digital
author Rosa Rodríguez,Paola I. de la
spellingShingle Rosa Rodríguez,Paola I. de la
Criminal Justice, Due Process and the Rule of Law in Mexico
author_facet Rosa Rodríguez,Paola I. de la
author_sort Rosa Rodríguez,Paola I. de la
title Criminal Justice, Due Process and the Rule of Law in Mexico
title_short Criminal Justice, Due Process and the Rule of Law in Mexico
title_full Criminal Justice, Due Process and the Rule of Law in Mexico
title_fullStr Criminal Justice, Due Process and the Rule of Law in Mexico
title_full_unstemmed Criminal Justice, Due Process and the Rule of Law in Mexico
title_sort criminal justice, due process and the rule of law in mexico
description Abstract The criminal justice process should not involve obtaining the truth at any price. This article discusses how Mexico has adopted exceptional regulations which violate due process considerations and create a problematic breach of the rule of law. We argue that, at a time when Mexican society suffers the consequences of organized crime, the Constitution provides for two types of regulations: one protecting human rights, which are the foundation of the rule of law; and another which infringes on the individual rights of those suspected of having participated in organized criminal activity. We examine mechanisms such as preventive detention and preventive imprisonment and analyze their treatment under Mexican law as well as in international agreements. We explore whether or not the fight against criminality and the prosecution of criminals “by any means necessary” is more important that the protection of the human rights of those suspected of illegal activity. We conclude by suggesting that the response to criminality should not require limitations on the constitutional freedoms of citizens.
publisher Universidad Nacional Autónoma de México, Instituto de Investigaciones Jurídicas
publishDate 2019
url http://www.scielo.org.mx/scielo.php?script=sci_arttext&pid=S1870-05782019000100147
work_keys_str_mv AT rosarodriguezpaolaidela criminaljusticedueprocessandtheruleoflawinmexico
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