Mexican Law Review

Preliminary

Mexican Law Review — 2024-02-07

System of Restorative Justice and Juvenile Justice in India: a Brief Comparative Study with Latin American System

Archana Vashishth — 2024-02-07

Justice everywhere is threatened by injustice anywhere. After the Nirbhaya case verdict in Delhi, the State was accused of being lenient with one of the juvenile offenders; this may have been the cause of the public outcry. Consequently, the Juvenile Justice (Care and Protection) Act, (JJ Act) was passed by India in 2015. Children who commit horrible crimes cannot be dealt with lightly. However, as has been the case in the West, placing them in adult prisons would turn them into hardened criminals and repeat offenders. “Old enough to do the crime, young enough to do the time,” says the adage. Those who commit crimes must serve their sentences. The child activists contend that the Act is founded on the concepts of retribution and vengeance and has overturned all previous good laws. Children need food, not impediments to their growth. They require our society’s compassion rather than the harshness of the law. Restorative justice is a welcome idea. What is required is a shift in perspective, a readiness to prioritize victims in criminal proceedings, and an understanding that mending relationships and undoing harm are crucial components of the criminal justice system. Therefore, rather than simply passing judgment, it is our responsibility to uplift the weak, mend the broken, and comfort the grieving. The article focuses on youth crime kinds and causes, factors that lead to crime and restorative justice. This article also focuses on comparative analysis of Indian restorative justice system with Latin American restorative justice system in juvenile cases.

The Constitutionality of the Proportionality Test to Prove Money Laundering

Pedro Rubén Torres Estrada — 2024-02-07

For years, combating money laundering has been a priority for the Mexican State. Frontal attack strategies have been used against criminal groups but have not yielded the expected effectiveness, as violence continues to escalate. This work begins with an assessment of the legal punishments applied to cases of money laundering in Mexico. Subsequently, it presents the fundamental rights that might be compromised in the process of collecting evidence and explores the use of the proportionality test as a parameter and method to ask judges to accept only admissible evidence to thus avoid issues of unconstitutionality. Finally, some evidence that can be employed to substantiate money laundering offenses and secure convictions are outlined. Furthermore, recommendations for public policy are made to address and enhance the efforts of stakeholders engaged in combating this crime, since to date, effectiveness in obtaining convictions has been remarkably low.

Cybercrime and the Law: Addressing the Challenges of Digital Forensics in Criminal Investigations

Naeem Allah Rakha — 2024-02-07

A lack of standards and regulations for handling digital evidence is impeding its admissibility in court proceedings. This article addresses the challenges of digital forensics in criminal investigations due to the rise of cybercrime. The literature existing studies on digital forensics, legal frameworks, and cybercrime is reviewed in order to find possible solutions. The results demonstrate the importance of collaboration between the legal and technological sectors in developing standardized norms and processes for digital evidence collection and processing. The findings also highlight the importance of digital forensics in criminal investigations and the need for a robust legal framework to combat cybercrime effectively. This note emphasizes the vital significance of digital forensics in criminal investigations and the need to develop standardized rules and procedures for the management of digital evidence. The recommendations presented in this article may assist policymakers and law enforcement authorities in designing legal framework capable of effectively confronting cybercrime.

The Use of Efficient Breach of Contracts in the Automotive Cluster of Querétaro, Mexico

Raúl Iturralde González — 2024-02-07

Efficient breach is the idea that voluntarily breaching a contract could be economically advantageous for all the parties involved, as long as damages are paid to the non-breaching party. This vision is based on an economical perspective, but it fails to take into account other considerations within commercial relations. This article is the result of a research project in which interviews were performed to people involved in the automotive industry in the state of Querétaro, Mexico. The aim was to discover whether efficient breach is, in fact, used by merchants in the automotive cluster and the perspective that they have over this figure.

Addressing Economic Inequality in Constitutional Design: the Colombian Drafting Experience in 1991

Carlos Andrés Pérez-Garzón — 2024-02-07

Colombia’s Constitutional Assembly enacted a constitution in 1991 whose text and application are regarded around the world as among the best examples of socioeconomic constitutionalism in the last three decades. Despite rising interest in the structural causes of economic inequality at both global and domestic levels, Colombian constitutional scholarship has not yet offered an account of the role of the original constitutional design in addressing economic inequality. In this article, I show that the drafters of the Constitution of 1991 were deeply concerned with economic inequality and considered the problem from several angles. However, they did not agree on a structural plan with coherent tools to address it and prevent forces in the executive and legislative branches from undermining that purpose. Therefore, the Colombian constitution-making process has been overestimated because, after thirty years, the Assembly’s economic egalitarian aspirations are far from being achieved, and Colombia is still among the most unequal countries on earth. Thus, the Colombian constitution-making experience provides a warning about how unclear and weak agreements in constitutional design can become an additional obstacle to overcoming economic inequality.

Complete journal

Mexican Law Review — 2024-02-07