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The Problem of Evidence in Continental Law and Common Law

This document compares the criminal justice systems of France, Mexico, and the United States. It outlines the structure of each system from police investigations up through appeals courts. It also discusses standards of evidence, methods of international cooperation like Interpol and mutual legal assistance treaties, and the differences between rogatory letters and mutual legal assistance.

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Star Taylor Swifty
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60 views10 pages

The Problem of Evidence in Continental Law and Common Law

This document compares the criminal justice systems of France, Mexico, and the United States. It outlines the structure of each system from police investigations up through appeals courts. It also discusses standards of evidence, methods of international cooperation like Interpol and mutual legal assistance treaties, and the differences between rogatory letters and mutual legal assistance.

Uploaded by

Star Taylor Swifty
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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The Problem of Evidence in

Continental Law and Common


Law
Criminal Justice System

France
Casation Court

(No Appellation)
Accusation Appeal Courts Appeal

Room
(Instruction)

Correctional
Police Court Court Cour d’Assises Trial
(Instance (Great Instance
Court) Court)

Judge of Instruction Instruction


(Investigation) Liberty Chamber
Judge
Investigation

Public Prosecutor
Judicial Gendarmery
Police

P O L I C E
Minor Offences Minor Felonies Major Felonies
(Contraventions) (Délicts) (Crimes)
Criminal Justice System

Mexico
Supreme Court of Justice
Criminal Hall

Appeal Court Appeal Court Appeal


(Tribunal Unitario de Circuito) (Tribunal Colegiado de Cricuito)

Public Trial
Single Court Constitutional Judge
(One Judge) (Juez de Amparo)
Collect Evidences

Investigation
Public Prosecutor
Foresees Judicial
Group Police

Notitia Criminis Accusation


or
by own
initiative
Criminal Justice System

United States
Supreme Court of Justice

Appeal Courts
•U.S. Court of Appeals for the Federal Circuit
Appeal

•Regional Circuit Courts of Appeal

District Trial
Court Jury
nforcement AgenciesProbable cause found
Plea Bargain

Grand Jury
Examination
Preliminary

U.S. Attorney
Investigation

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

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