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The Problem of Evidence in Continental Law and Common Law

The Problem of Evidence in Continental Law and Common Law. Criminal Justice System. France. Casation Court. Appeal Courts. Accusation Room (Instruction). Appeal. (No Appellation). Correctional Court (Great Instance Court). Cour d’Assises. Police Court (Instance Court). Trial.

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The Problem of Evidence in Continental Law and Common Law

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  1. The Problem of Evidence in Continental Law and Common Law

  2. Criminal Justice System France

  3. Casation Court Appeal Courts Accusation Room (Instruction) Appeal (No Appellation) Correctional Court (Great Instance Court) Cour d’Assises Police Court (Instance Court) Trial Judge of Instruction (Investigation) Instruction Chamber Liberty Judge Investigation Public Prosecutor Judicial Police Gendarmery P O L I C E Minor Offences (Contraventions) Minor Felonies (Délicts) Major Felonies (Crimes)

  4. Criminal Justice System Mexico

  5. Supreme Court of Justice Criminal Hall Appeal Court (Tribunal Unitario de Circuito) Appeal Court(Tribunal Colegiado de Cricuito) Appeal Public Trial Single Court (One Judge) Constitutional Judge(Juez de Amparo) Collect Evidences Investigation Public Prosecutor Foresees Group Judicial Police Notitia Criminis or by own initiative Accusation

  6. Criminal Justice System United States

  7. Supreme Court of Justice • Appeal Courts • U.S. Court of Appeals for the Federal Circuit • Regional Circuit Courts of Appeal Appeal District Court Trial Jury Plea Bargain Probable cause found Grand Jury Preliminary Examination U.S. Attorney Investigation Law Enforcement Agencies Offense

  8. 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

  9. Methods of International Cooperation • Police-to-Police • Interpol • Justice-to-Justice (International Rogatory) • Mutual Legal Assistance • F.I.U.-to-F.I.U.

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

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