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Respecting the principle of the importance of Presumption of Innocence

anto — Mon, 02 Apr 2012 03:13:38 +0000

Months before the entry into force of the New Criminal Justice System, in December of 2009 – the judiciary trained all operators in the new system including the media.

The importance of respecting the principle of presumption of innocence, no longer could be submitted to the detainees by the police in society. Neither their faces nor their names.

Many times pages and television are filled with the information provided by the Municipal Public Security and the Attorney General. Not even have to go for the newsletter, reaches the newsrooms.

Sections police or public safety, what would be published then?. Traffic accidents and crimes such as murder itself but could be disseminated to the “guilty” not until they were tried and sentenced offenders.

During the first weeks in print and electronic media were pictures of detainees with their faces blurred, this in order to protect the identity of the accused.

Not all media liked this new way of presenting the news and under the pretext that “society demanded it,” returned to the ancient practice of showing faces and names of those arrested.

Please forward at your “people” wanted to see the criminals to know if it was her attacker and report it. So argued the municipal police and the prosecution.

The growing number of common law crimes such as theft in its various forms, required to identify those responsible to consolidate into the prison, hence had to be exposed to public scrutiny.

He was violating the principle of presumption of innocence and thus one of the fundamental rights.

The media immediately blamed the Municipal Public Security and the Office, specific to their areas of social communication and it was they who sent all the information.

Although true, the responsibility was not limited to the authority because sending pictures and data did not require the media to disseminate.

Newsletters and the images were not accompanied by court order or trade partnership of authority, only referred back to the newsroom as it always has.

No court order is then decision to the media dissemination of data and images, knowing that they would commit a violation of a criminal.

Briefly newspapers, radio or television newscasts are truly responsible to publish the pictures and names of individuals, thereby omitting the presumption of innocence.

Worse, in most cases set up is not provided to spread later if the person who introduced himself as likely responsible for the commission of a crime, was sentenced or released.

The company then receives only the first version that was presented. Who is shown in photo or video, is a criminal and as such is indicated in the streets.

The ideal scenario would be that there were documents that the police requested the assistance of the media for the presentation of likely offenders who could be recognized by two or more victims.

Then then report the results of that research will only be successful if the police who had to be guilty, is prosecuted and sentenced to serve a sentence.

But in Durango does not. Every day the police authority in collusion with the media, we deny the citizens their right not to be presented as guilty of a crime without trial.

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Consider the Relevance of the Division Between Civil and Criminal Law

anto — Mon, 26 Mar 2012 18:44:43 +0000

It seems reasonable to argue that increasing the processing capacity of a system in criminal matters required will result in the reduction of criminal activities as a deterrent mechanism link whose simplest formula is “more often punitive, less often criminal.” But this belief is based on patterns of extreme simplicity. The simplifications, prejudices from the mass media to feed the imaginary construct of the “silent majority” are returned to society through the same means as enshrined truths and simple, which serves two purposes: first, create a “sense of insecurity” intolerable, which feeds the cycle of violence and at the same time offering a world view of easy acceptance in which Mr. “Easy Trigger” is the hero, the death penalty is only remedy admissible and the judges an obstacle to justice.

Indeed, the present and the degree of generalization of this self-destructive dynamic of society have been highlighted. The unconvinced prisoners are emerging crossfire that only you can stop catastrophic, if not done before an unlikely reasonableness. What at one time was a subtlety of Carnality to mentor “the grief process as” today is thankless and vulgar evidence.

An issue that is immediately necessary to consider the relevance of the division between the civil law and criminal in relation to the different mechanisms that both products with relation to the availability of the action before the Court. The self-regulatory agreement in the first (self-composition) is linked to the judicial system in a way that, while the system has greater capacity to settle conflicts, fewer conflicts came to the system (long term). The possibility of “private arrangement” is an essential course for these cases, since “litigation avoidance” costs less than litigation, but as there is real possibility of using the road at issue, this possibility plays (not consumed ) in negotiation. The efficient functioning of the courts is a stimulus for the performance of contracts. But also against non-compliance the easy access to the courts allow the configuration of a scenario that has no place inordinate delay of the court decision and, as already stated, favors negotiation. However, before the ban on private arrangement, the situation varies decisively in the Penal System: increased system capacity to specify rights means most likely a demand. This is a consequence of the monopoly of the action, on the one hand, and virtually limited number of cases that, under Penal legislative inflation, demand the attention of the criminal justice system.

Given this situation, with anger those who question the point of view of “Criminal gigantism” find a middle ground to claim and act when they can and all they can to “policializar” crime-society relationship. But the dilemma “or more courts or police” is false.

The state protection is poorly defended when the center of the debate is the size they should have justice organizations. It is; however, selectively increase the capacity management system giving instruction prosecutors, judicial control, as is already underway in some provinces.

It would also be appropriate to review the legislation taking into account that the punitive reaction is not the only possible against encroachment and avoiding the lack of seriousness and respect for others that show some public authorities, when “bind” the amount of the penalty associated with each offense, to imprisonment not. What should prevail as the object of most attention is the question of distributive social justice that lies behind the problem of acceptability of risk across social groups.

We could say that tolerance, the risk of being victim of a crime, varies between sectors of the population. Generally, those most vulnerable are the poor and marginalized minorities. But the way you perceive the risk in turn depends on the type of organization in which individuals operate, since organizations are key determinants of what social groups perceived as tolerable or intolerable risk.

Moreover, the noise and general information management determine possibilities to exploit the uncertainty, the search for collective responsibility for the evils and fear, as reasons for the action of large campaigns serve as law and order mechanisms to direct support of authoritarian leaders, called to fill power vacuums assumptions that threaten the “social disintegration” as a result of the loss of “traditional values”.
State and society are concepts that are different and at the same time, even if by chance reciprocal, both consumer, are the social unity of the whole: “Instead of asking what you consider acceptable risk, the general question should be what kind of society want. One could discriminate more elaborate the question of risk between risk types and categories of people at risk if you could specify the particular type of society, and if you could recognize that each type of society has an ethical system tailored “.

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Analyzing Landscape Arbitration Court of Arbitration should Adjusted With New Law About Mediation

anto — Mon, 26 Mar 2012 16:58:34 +0000

Further discussion of height in the CIAMEN, International Centre for Arbitration, Mediation and Negotiation with arbitration as the protagonist. This time two presidents of arbitral institutions like Jesus Alfonso, the TAB and John Serrate CIMA analyzed the current situation in the sector, the future of arbitral institutions and what will be the impact of the future Law on Mediation in arbitral institutions moderated by José Maria Benito responsible for this educational institution. In front, a highly qualified experts auditorium lawyers and arbitrators of the leading law firms in our country, eager to share knowledge with the speakers. Attendees included representatives also Courts Bar Association of Madrid, Valencia bar Association and the Chamber of Commerce and Industry in Toledo, who also gave their views briefly on the current situation.

In his speech, Alfonso Jesus made it clear that arbitration legislation that has helped to arbitration was the last Act of 2003 and its reform in a few months ago: “In a context like the present, arbitral institutions want to grow, there will be ‘ to see how and that means we have to build confidence that companies have in us, “he said. From their point of view the work they do arbitral institutions is also important to appoint arbitrators in some cases, “there is an important sociological theory related to the promotion and dissemination of arbitration, which also serve.”

Alfonso told attendees that it is not easy to find good referees, “not enough to be a good lawyer, one must know the techniques of negotiation and in the case of assumptions related to financial markets, the famous swaps, we had to train professionals for these types of disputes.” Alfonso believes that in a moment of crisis like the present looking for good companies with good cheap arbitration award. “At this juncture arbitral institutions invest in technology, an element that helps us work less and save time and costs in the proceedings.”

Just some of the identified threats from the TAB have to do with this loss of trust in business over the arbitral institution and to know, now just adopted the RD 5/2012 Law on Mediation and arbitration institutions will adapt to this new service that can potentially offer: “So far, 45 per cent of cases did not reach arbitration award because there was agreement between the parties, now to be seen as introducing this service without distorting the arbitration itself.” Another matter of concern to the president of TAB is the great offer arbitration institutions in our country, month by month break forcefully; just in Catalonia are reflected up to 13 arbitral institutions.

In this context it feels to be complex to arbitral institutions grow exponentially in matters “can be a boost as other extrajudicial methods, as well as mediation and conciliation, knowing that the role of arbitration courts is always neutral “. In this respect he was very critical of the art 5.3 of the new Mediation Act which makes clear that a possible government control of those entities that participate in mediation, “I think it is a retrograde step that has given the legislature and as we shall see face us, “said.