Differences Between U.S. and Mexican Legal System
MEXICO'S CRIMINAL JUSTIICE SYSTEM
A GUIDE FOR U.S. CITIZENS ARRESTED IN MEXICO
(Please Note-The information provided herein is meant as general guidance only and may not apply fully to your particular situation. Specific questions about interpreting Mexican law should be addressed to competent Mexican lawyers.) INTRODUCTION: WHAT YOU NEED TO KNOW ABOUT MEXICO
Mexico’s legal system differs from that of the U.S. in a number of important ways that any U.S. citizen accused of a crime in Mexico needs to understand. Most importantly, many of the legal rights and protections that U.S. citizens enjoy at home do not apply in Mexico and punishments for many crimes are more severe. Worldwide, Mexico has the highest number of arrests of U.S. citizens abroad and the largest U.S. prisoner population outside the United States.
KEY DIFFERENCES BETWEEN U.S. AND MEXICAN LAW
A fundamental difference between the U.S. and Mexican legal systems is that Mexico is a "civil law" country while the U.S. is a "common law" country. Common law emphasizes case law relying on judges’ decisions in prior cases. In contrast, Mexico's civil law system is derived primarily from
Roman law and the Napoleonic Code and focuses more on the text of actual laws than on prior court decisions. In the U.S., even one case can establish a legal principle and lawyers need to analyze many cases to interpret the law.
In Mexico, one studies the law and makes the best argument given the facts.
“GUILTY UNTIL PROVEN INNOCENT”
For an accused person, one of the most critical differences is that under
Mexican criminal law, the accused is essentially considered guilty until proven innocent. Mexico does not allow bail on personal recognizance and therefore a cash bail must be posted (which may not be available depending on the potential sentence). Many activities that are not considered crimes in the U.S. may be crimes in Mexico. Additionally, the role of judges
A GUIDE FOR U.S. CITIZENS ARRESTED IN MEXICO
(Please Note-The information provided herein is meant as general guidance only and may not apply fully to your particular situation. Specific questions about interpreting Mexican law should be addressed to competent Mexican lawyers.) INTRODUCTION: WHAT YOU NEED TO KNOW ABOUT MEXICO
Mexico’s legal system differs from that of the U.S. in a number of important ways that any U.S. citizen accused of a crime in Mexico needs to understand. Most importantly, many of the legal rights and protections that U.S. citizens enjoy at home do not apply in Mexico and punishments for many crimes are more severe. Worldwide, Mexico has the highest number of arrests of U.S. citizens abroad and the largest U.S. prisoner population outside the United States.
KEY DIFFERENCES BETWEEN U.S. AND MEXICAN LAW
A fundamental difference between the U.S. and Mexican legal systems is that Mexico is a "civil law" country while the U.S. is a "common law" country. Common law emphasizes case law relying on judges’ decisions in prior cases. In contrast, Mexico's civil law system is derived primarily from
Roman law and the Napoleonic Code and focuses more on the text of actual laws than on prior court decisions. In the U.S., even one case can establish a legal principle and lawyers need to analyze many cases to interpret the law.
In Mexico, one studies the law and makes the best argument given the facts.
“GUILTY UNTIL PROVEN INNOCENT”
For an accused person, one of the most critical differences is that under
Mexican criminal law, the accused is essentially considered guilty until proven innocent. Mexico does not allow bail on personal recognizance and therefore a cash bail must be posted (which may not be available depending on the potential sentence). Many activities that are not considered crimes in the U.S. may be crimes in Mexico. Additionally, the role of judges