Talking it over: the case of oral argument vs. printed
document.
by Blears, James
Palazuelos said he preferred the French system of three judges who
are allowed to interrogate during the trial. "Everything is in
writing and the three judges, who are trained judicial people, will make
the final decision. This is much better than having a group of 12
unsuited or incompetent people decide a suspect's fate."
Although Mexican lawyers have to verbally present various legal
submissions to judges as part of the present legal system, oral trials
would be much more testing for their skills as orators and
cross-examiners. So will they be able to cut the verbal mustard?
"I believe the vast majority ... have these qualities because
they are well prepared. In the Anglo-Saxon system, this kind of theater
is done to convince people who are not experts in the law. But in
Mexico, in the future, this will be developed and displayed before a
person who is an expert in law ... the judge," Madrigal said.
However, Soriano was not so sure. "I think it could be a real
challenge for many colleagues."
In the current system, lawyers are able to cross-examine, but only
indirectly. The lawyer poses the question, the court decides if the
question is correctly posed and directly related to the case, and then
puts the question to the witness.
Aguilar Zinser says this practice is "incredibly
obsolete."
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"I think most lawyers in Mexico are prepared to cross-examine
directly. It's going to be a good experience for us," he said.
James Blears is a Mexico City-based freelance writer and a
correspondent for Standard Radio News in Mexico.
COPYRIGHT 2005 American Chamber of Commerce of
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NOTE: All illustrations and photos have been removed from this article.