text:
Comparative law and justice/Finland

Part of the Comparative law and justice Wikiversity Project

Basic Information

Finland is a European Country located in northern Europe. The country is bordered by Sweden to the west, Russia to the east, Norway to the north, and by the Baltic Sea to the south. Finland as a whole is 338,145 sq km, 34,330 sq km of which are bodies of water. As of July 2009, there were approximately 5,250,275 people inhabiting Finland. When compared to other known landmasses, Finland is slightly smaller than Germany or the state of Montana. which is located in the United States. The Country has 1,250 miles of coastline and its national boundaries extend 12 nautical miles from the coast. The sub-arctic country stays relatively cool, but does not drop as low as many of the surrounding countries. The Temperature in Finland stay more mild because because of the massive numbers of lakes scattered throughout the country, as well as the Baltic Sea, and the north Atlantic current. The Approximate average temperature in the winter is around ten degrees Celsius. Currently, there are environmental problems with air pollution, acid rain, and water pollution from industrial wastes that are threatening the wildlife. The national animal of Finland is the Brown bear, the national bird is the Whooper swan, and the national fish is the european perch.

Helsinki- Helsinki is the capital city of Finland and is located on the southern coast of Finland, just north of the Gulf of Finland. Helsinki is home to around 560,000 residents and is rapidly growing. Helsinki is also noted for being the most northern capital on the European continent.

Age & Gender
Out of 5,250,275 inhabitants In Finland, the median age is about 42 years old. For males, the age is slightly younger than 42 years and for females, the age is slightly older. When broken into age brackets, a majority of the inhabitants, 66.8%, fall in to ages 15-64. The ratio of males to females is very close to equal until you get up into the older ages.

 * 0-14 years: 16.4% (male 438,425/female 422,777)
 * 15-64 years: 66.8% (male 1,773,495/female 1,732,792)
 * 65 years and over: 16.8% (male 357,811/female 524,975)

Religions, Ethnicities & Languages
Religions-In Finland as of 1923, the citizens have had a right to choose which ever religion they desired. There are two national churches of Finland. The two most popular churches in Finland are actually the two national churches of the country, the Lutheran Church of Finland and the Orthodox Church of Finland. Other notable religions that are practiced in Finland are Catholicism, Judaism, Anglican, and Islam.

 * Lutheran Church of Finland 82.5%
 * Orthodox Church 1.1%
 * Other Christian 1.1%
 * Other 0.1%
 * None 15.1%

Ethnicities-The citizens of Finland are referred to as Finns, and they make up a large majority of the Country's population. There is a relatively small percentage of the neighboring nation's peoples inhabiting the land. The Sweden boarders Finland in the north and is just across the Gulf of Bothnia. Russians share a boarder with Finland on the eastern portion of the country and they account for a relatively small portion of the population. Estonians are from the south of Finland, across the Gulf of Finland. The Romani people (gypsies) first came to Finland from Sweden. The Sami people are the native people of northern Europe. Sami people are mostly located in Norway and Sweden, while a small portion are located in Finland and Russia. With in the last 15 years, the Sami people have taken big steps with the Finnish government to help establish certain rights, such as the right to develop and maintain their own language and culture.

 * Finn 93.4%
 * Swede 5.6%
 * Russian 0.5%
 * Estonian 0.3%
 * Roma (Gypsy) 0.1%
 * Sami 0.1%

Languages-There are two official languages of Finland, Finnish and Swedish. In the 1990s the Indigenous Sami people have established the right maintain their own language. There are a few other minority languages that are spoken and recognized in Finland including Estonian, Russian, Finnish Romani and Finnish Sign Language.

Health & Education
Health-When compared to other thriving nations like the United States and The United Kingdom, Finland is a considerably healthy country. The average age of the total population is approximately 79 years old which ranks among the top 40 countries in the world.
 * About 22 % of the citizens are daily smokers which ranks 25th most of the top 30 countries.
 * There is a high rate of heart disease (143.8 per 100,000) which ranks 5th most of the top 26 countries.
 * About 13 % of the population in Finland is obese which ranks 15th most of the top 28 countries.
 * There is a high rate of suicides (43.4 per 100,000) which ranks 9th most of the top 80 countries.
 * There is .1% of the population that is living with HIV/AIDS which ranks 33rd lowest out of the top 170 countries.

There are some categories the Finland ranks very well among the world and there are others that they do not rank so high. For the most part Finland is in the middle to top of most of the health statistics that are reported.

Education-There is a section of the Finnish constitution devoted to education.

Section 16 - Educational rights-"Everyone has the right to basic education free of charge. Provisions on the duty to receive education are laid down by an Act. The public authorities shall, as provided in more detail by an Act, guarantee for everyone equal opportunity to receive other educational services in accordance with their ability and special needs, as well as the opportunity to develop themselves without being prevented by economic hardship. The freedom of science, the arts and higher education is guaranteed."

This section of the constitution devoted to education allows Finland to rank in the top countries when it comes to education. After the age of 15, the Literacy rate is 100% and everyone can read and write. Having a 100% literacy rate is the highest of the world, and only several other countries have accomplished this. Finland Ranks 9th among the top 100 countries in the world by having an average of 10 years of school for adults in the country.

The basic education in Finland begins at age seven and ends at age sixteen and the students can attend any school in their designated district. Finland has two national languages, which means that the people who speak Swedish as a first language have the right to learn in the schooling system in Swedish. The main goal of the Finnish schooling system is to provide a high level education for everyone. The key terms of the Finnish school system are: quality, efficiency, equity and internationalization. The focus and emphasis that Finland puts on the schooling system allows the country to remain at the top the ranks in the world for being and intelligent country.

Colleges & Universities-Finland Offers 20+ Colleges and Universities

 * Åbo Akademi University
 * Häme Polytechnic
 * Helsinki Business Polytechnic
 * Helsinki School of Economics
 * Helsinki University of Technology
 * Lahti Polytechnic
 * Lappeenranta University of Technology
 * Oulu Institute of Tecnology
 * Satakunta Polytechnic
 * Sibelius Academy
 * Swedish School of Economics and Business Administration, Finland
 * Tampere Institute of Technology
 * Tampere University of Technology
 * University of Art and Design Helsinki
 * University of Helsinki
 * University of Joensuu
 * University of Jyväskylä
 * University of Kuopio
 * University of Oulu
 * University of Tampere
 * University of Turku
 * University of Vaasa

Brief History
Finland is a province that up until the 19th century was under Swedish rule. The Sami and Romani (gypsy) people are the indigenous people of Finland. The Sami and Romani originally migrated over from Sweden when Finland was still part of the kingdom of Sweden. In 1917, Finland became a completely independent country. During World War II Finland declared its neutrality and was able to hold off a soviet invasion. Several years after the end of World War II, Finland and the Soviet Union signed a peace treaty. In 1995 Finland became a member of the European Union. The the last century, Finland has really excelled as a country.

Crime Rates & Public Opinion
Crime rates in Finland are low and violent crime is uncommon. The most common criminal threat is petty street crime such as pickpocketing.

 * Ranked 58th highest in murders with only 132.
 * Ranked 53rd highest in robberies with a little over 2,000
 * Ranked 6th highest percentage of Assault victims with about 2.1%

These statistics are some of the highlights and low points of the Finland. The part of policing that needs to be focused on the most is recruiting. Finland has the lowest number of law enforcement and the total number of crimes is correlated with that. There are not many problems with robberies and murders when compared to other countries, but assault and drug crimes should be the main concern for law enforcement and the country as a whole.

In terms of reporting crimes, there may be numbers that are not truly accurate because they are not reported. For example, sexual assault is a crime that maybe some people are ashamed to report so it will go unreported. Small cases of theft might go unreported because they are small and insignificant. Crime rates will never truly be completely accurate because not everything is reported.

 * 112 is the Finnish Equivalent to the U.S. "911"

Elections
Finland is constitutional Republic which is mainly run by the Prime Minister. The Prime minister’s job is to oversee everything that happens with the government.

Parliment- Finland's Parliament is home to 200 parliamentary seats, each of which is elected one time every fours years. They are the Legislative branch of the government. When the elections for the members of parliament are held, each citizen of Finland has one vote that they are allowed to cast for any candidate in their district (of which there are thirteen) that they feel is worthy of the position. The voters vote for specific candidates, rather then their affiliated party, but the aggregated votes for each party (or alliance) decides how many seats that party gets, according to the d'Hondt's method. Everyone who is a citizen of Finland and of age to vote is eligible to become a candidate for parliament, except for military personnel, holders of certain offices and persons under guardianship.

President of the Republic- The President of the Republic is the executive branch of the government. He/she is voted into office very similarly to the way that the parliament members are. There is a direct vote, meaning that each of the citizens has one vote to cast for whichever candidate they feel is best qualified. A majority of 50% is required to win the presidency and if that percentage is not reached, there is a second election between the two top candidates. In the second election, the candidate who accumulates the most votes will become the next president. In the situation that there is only one candidate, there is no election held and that person is appointed to the position without and election. To become president of the republic the candidate must be a natural born citizen, and must have the right to vote. The presidential term last for six years compared to the four year term of the parliamentary members. Each president is allowed to have no more than two presidential terms in office.

The Prime Minister- The Goal of the Prime Minister is to run the government. The Prime minister is selected by parliament and then appointed by the president of the republic. In order for the nominee to be approved, at least half of parliament must vote for the nominee. If the nominee does not get half of the votes, then another person will be nominated. In the event that the second nominee does not get more then half of the votes from parliament, then there is an open vote, and the member of parliament who receives the most votes is then appointed Prime Minister.

Political Parties- Most candidates and most elected candidates, are nominated by a political party, of which there is a handful of established ones, and often a few new ones, which seldom gain a mandate. The established ones are (as of 2023):
 * Social Democratic Party
 * Center Party
 * National Coalition (Conservative) Party
 * Leftist Alliance
 * Swedish People's Party
 * Green League
 * Christian Democrats
 * True Finns

Judicial Review
There are two courts that are in charge of Judicial Review, The Supreme Court, and the Supreme Administrative court. These are the two highest courts in the country and their goal is to make sure that the rights of the individual are being honored as well as if the laws are correctly being enforced. The supreme administrative court deals with administrative issues, and the Supreme Court deals with everything else. In addition, a standing non-political committee of the parliament decides on the constitutionality of proposed legislation, and the parliament itself can act as a court on misconduct involving certain office holders, such as ministers. There is one other form for judicial Review in Finland, and that is the President of the Republic can grant a pardon for any crimes charged to a defendant.

Courts and Criminal Law
In Finland there are seven different type of courts:
 * The Supreme Court
 * The Supreme Administrative Court
 * The District Courts
 * The Courts of Appeal
 * The Administrative Courts
 * The Market Court
 * The Labour Court
 * The Insurance Court

The Supreme Court is responsible for civil, commercial, and criminal issues that arise to the Supreme Court. The Administrative Supreme Court is responsible for administrative matters that arise at the highest level. The other courts that are listed are the highest level of their expertise and are specially designated to focus on one area of law. In the highest court rooms, the Supreme and Supreme Administrative courts; there is a president of the court with a handful of justices present. There is a minimum of five justices that need to be present to hear a case and make a decision about what will happen to the defendant.

The job of the prosecutors in criminal cases is to make sure that the defendant is being charged with a penalty that is equivalent to the crime that he committed. On the other side of the court room, there are defense lawyers both private and public. If the defendant can not afford a lawyer, a public one will be issued. The defense lawyers are trying to aid the defendant in any way they can. The sole purpose of the judges is to enforce the laws. When prosecutors are examining the police evidence, they determine if there are ground to try the defendant on any charges.

The Constitution contains several personal rights that citizens are entitled to when it comes to the courts system.
 * A fair trial
 * Good public administration
 * Open proceedings
 * The right to be heard
 * The right to receive a reasoned decision
 * The right to appeal against the decision

Inquisitorial-Finland's style of procedural law is Inquisitorial. There are police investigations that are carried out when a crime occurs. Depending on the severity of the crime different prosecutors will deeply examine the evidence to decide if there is even enough to try the defendant on any charges. In some circumstances, if there is not enough evidence, the defendant will not even be tried. The prosecutors depend on careful investigations to determine the guilt.

Punishment
In a court case, the prosecutors are trying to establish if is enough evidence to make a case. While the case is being heard, the judges are trying to enfore the law as well as they can. There are several punishments that are given out during court cases. In some cases, community service can take the place of imprisonment for anything up to 8 months. The community service is helping with various non-profit organizations. In the cases of juveniles where they can not afford to pay a fine, and the community service being too much for them, they are supervised while worked and put onto an education plan. This shows how committed that Finland is to education, by trying to get troubled young individuals back on track and in school.
 * Imprisonment
 * Fine(s)
 * Fixed-sum fine
 * Community service

For imprisonment, there is a minimum time of 14 days and a maximum time of 12 years that you can stay in prison. After the fixed sentences, there are lifetime sentences. There are chances for parole under some circumstances, and the only way that a person with a life time sentence can be released is by a presidential pardon.

 * Corporal Punishment was abolished in Finland because it was deemed Unlawful by the constitution.

Prisoners- Finland ranks on the lower end of total number of prisoners.
 * Ranked 108th out of 160 countries with a little over 3,000 inmates
 * Ranked 113th out of 164 countries with 71 inmates per 100,000 citizens.

Legal Personnel
Judges-Judges are appointed by the president of the republic and the must be tenured before they can be voted it. They must also have a Degree in law from a university. Like the Supreme Court judges, the Prosecutors in the Supreme Court are also appointed by the President of the Republic. The prosecution team is led by the "prosecutor-general" or the highest prosecutor.

Prosecutors- Like the judges, the Prosecutors in the Supreme Court are also appointed by the President of the Republic. The prosecution team is led by the "prosecutor-general" or the highest prosecutor. Under The prosecutor-general, there are state prosecutors that sort through evidence and decided whether the country has grounds to pursue a court case. Local Prosecutors of selected by the Prosecutor-general. The local prosecutors Examine evidence from prior police investigation and determine whether to pursue the case or decide not to prosecute.

Advocates & Legal Aid-There are public defenders that are provided by the state, however The defendants in the cases are not required to have legal aid and are able to defend themselves. The amount the defendant has to pay the public defenders is determined by a percentage of the total income that the defendant earns. They defendant also has the choice to provided his/her own private legal aid.

When the judges are elected, they are a judge for life with a forced retirement age of 70. The Lawyers are required to attend a school for a formal degree and they are also required to pass a BAR exam which licenses them to be a lawyer.

Law Enforcement
The Finnish law enforcement system can easily be broken down; there is the Police Department of the Ministry of the Interior functions which is the main source of authority in Finland. That department is in command of the National Bureau of Investigation, the National Traffic Police, the Security Police, the Police College of Finland, the Police Technical Center, the Helsinki Police Department, and the 24 local police departments are under the command of The Police Department of the Ministry of the Interior functions. This group of Law Enforcement teams can be categorized as Centralized Multiple Coordinated system under the taxonomy of police structures. Each of the groups has a specific task and category of law enforcement to deal with.

security of Finland.
 * The National Bureau of Investigation- This task force focuses on organized crime and professional crime.
 * The National Traffic Police- This Task force focuses on.. well.. traffic.
 * The Security Police- This task force focuses on all and any criminal activity that is a threat to the national
 * The Police College of Finaland- This task force is responsible recruiting, researching, and training Police candidates.
 * The Police Technical Center- This task force is responsible for acquiring new equipment and supplying the police with better technology.
 * The Helsinki Police Department- This Task Force is directly under the Police Department of the Ministry of the Interior functions and along with being a local police department, has a few other duties.

The Police officers use badges to distinguish their rank. These badges can be located on their collar, hat, or shoulder.

OVERALL POLICE DUTIES
 * "Under the Police Act, the function of the police is to secure judicial and social order, to maintain public order and security, to prevent and investigate crimes, and to submit cases to prosecutors for decision (consideration of charges)."

The Military is a fairly new concept for finland. It was formed during the 1917 revolution in Russia to calm the situation. The Finnish military consists of an Army, Navy, and Air force.

Family Law
Who can marry?
 * Anyone over the age of 18 who is not already presently married.
 * There are also exceptions for parties under the age of 18 that only can be granted by the ministry of justice

Marriage-There are both Civil marriage ceremonies as well as religious ceremonies. Before a marriage takes place, a request for and examination for impediments must be place and carried out by the local register office, or by the church that you plan on being married in. The examination for impediments is simply like a background check to make sure that the two applicants for marriage do not have a parent-child relationship, a sibling relationship, a half sibling relationship, uncle/aunt-niece/nephew relationship, or an adoptive parent-child relationship.
 * In some cases with permission from the ministry of justice, there can be a marriage with the uncle/aunt-niece/nephew relationship, or an adoptive parent-child relationship.

Divorce-The two parties must first approach divorce in district court. After they first approach of divorce, the case is postponed until an undetermined date called a reconsideration period. They courts are giving the two parties the chance to think things over. After this reconsideration period of at least six months, a divorce can be granted it both parties want dissolve the marriage. Another way that the two parties can be divorced is if they live separated for two straight years. During the divorce hearings, there are also talks about child support payments or payments to spouse to survive, the custody of the children as well as visiting rights of the child, also which spouse is allowed to stay in the current house.

Inheritance-Inheritances are items that can be taxed if the decedent or a beneficiary lived in Finland at the time of death. The tax is determined by how much the estate that is inherited is valued. In terms are marriages, there are special agreements that you can make that determine that if you one spouse passes away, the other is not entitled to everything that that the deceased spouse owned.

Social Inequality
The Social Inequality in Finland is present with the Sami and Romani (gypsy) people. The Sami people are the indigenous people of the land and are not treated fairly. The Sami have just recently made strides in the last 15 years to get the rights that they deserve. Section 17 of the Finnish Constitution states that "The Sami, as an indigenous people, as well as the Roma and other groups, have the right to maintain and develop their own language and culture. Provisions on the right of the Sami to use the Sami language before the authorities are laid down by an Act. The rights of persons using sign language and of persons in need of interpretation or translation aid owing to disability shall be guaranteed by an Act.

Human Rights
Finland's fundamental rights are protected by their own constitution. As of the latest update in 2007, their constitution is comprised of 13 chapters, each of which goes into the rights and rules of the citizens as well as the government.

Chapter two of the Finnish Constitution is about basic rights and liberties and 23 sections of that deal with individual rights and liberties of the citizens.

 Rights and Civil Liberties:  The Right to equality, The right to life, personal liberty and integrity, The principle of legality in criminal cases, Freedom of movement, The right to privacy, Freedom of religion and conscience, Freedom of expression and right of access to information, Freedom of assembly and freedom of association, Electoral and participatory rights, Protection of property, Educational rights, Right to one's language and culture, The right to work and the freedom to engage in commercial activity, The right to social security, Responsibility for the environment, Protection under the law, Protection of basic rights and liberties, and Basic rights and liberties in situations of emergency. By making observations and comparisons the rights look as if many of them are paralleled with those of the United States Bill Of Rights. There is one right that the citizens have that sounds a little obscure, Responsibility for the environment.

The public authorities shall endeavour to guarantee for everyone the right to a healthy environment and for everyone the possibility to influence the decisions that concern their own living environment."
 * "Nature and its biodiversity, the environment and the national heritage are the responsibility of everyone.

This idea may sound a little strange but if you look at it closely, the country is trying to promote a clean environment that everyone can enjoy. This right is something that should be taken into consideration by the world as a whole in an effort to have better living conditions.

 Equality
 * "Everyone is equal before the law. No one shall, without an acceptable reason, be treated differently from other persons on the ground of sex, age, origin, language, religion, conviction, opinion, health, disability or other reason that concerns his or her person. Children shall be treated equally and as individuals and they shall be allowed to influence matters pertaining to themselves to a degree corresponding to their level of development. Equality of the sexes is promoted in societal activity and working life, especially in the determination of pay and the other terms of employment, as provided in more detail by an Act."

Equality is the first thing that is noted in the right and civil liberties chapter and it is obviously very important to the Finnish citizens. It is interesting to note, that they even give equality rights in some circumstances to children. An important thing that is noted in this act is that there is equality of the sexes especially when it comes to pay rate and job opportunities. Looking back again it seems that these rights parallel those of the United States.

Travel Info
For travel information visit

http://www.finland.org/Public/Default.aspx

http://www.finland.org/Public/Default.aspx

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1115.html#safety

title: Comparative law and justice/Finland


text:
Comparative law and justice/Mexico

Part of the Comparative law and justice Wikiversity Project

Basic Information
Mexico has a large Spanish speaking country, as well as a large population in Central America. Many are starting to move to urban areas in search of jobs. It has one of the larges populations in its hemisphere. Cities that border the U.S. have had a jump in numbers.

They have improved their literacy and education rates; there was a rise in children receiving primary education. Although, they have been improving they low “but low compared with other Organization for Economic Cooperation and Development (OECD)”.

Population
111,211,789 0-14 years: 29.1% (male 16,544,223/female 15,861,141) 15-64 years: 64.6% (male 34,734,571/female 37,129,793) 65 years and over: 6.2% (male 3,130,518/female 3,811,543)

Nationality
Noun and adjective--Mexican(s).

Annual growth rate
1.13%.

Ethnic groups
Indian-Spanish (mestizo) 60%, Indian 30%, Caucasian 9%, other 1%.

Religion
Roman Catholic 76.5%, Protestant 6%, other 0.3%, unspecified 13.8%, none 3.1%.

Language
Although the official language is Spanish and almost all public education is conducted in Spanish, there is a growing interest and respect for the indigenous (non-Spanish) languages spoken in Mexico. According to the Summer Institute of Linguistics, Mexico has 291 living languages and 7 languages of which no living speakers are known. The Mexican government recognizes 68 language groupings. Indigenous languages in Mexico are cataloged, studied and protected by agencies of the federal government, under a 2003 law known as the General Law for the Linguistic Rights of the Indigenous Peoples. .

Work force
(2008 est., 45.5 million): Agriculture, forestry, hunting, fishing--21.0%; services--32.2%; commerce--16.9%; manufacturing--16.7%; construction--5.6%; transportation and communication--4.5%; mining and quarrying--1.0%.

Brief History
A once proud group of Native American civilizations, the nation today known as Mexico is the product of Spanish conquest and independence. After some economic problems and a recession, Mexico has been having a recovery until recently they were hit with a financial crisis. Along with social and economic inequalities among class and races batter the people. Aside from the negative they’ve had some good stride in government.

.

Ecomony
Mexico’s economic market is a combination of old and new industries and increasing in other areas. Also they have expansions in transportation, seaports and utilities. Mexico’s trade has tripled with countries like U.S and Canada, Mexico has trade agreements with forty countries. They are still trying to reform infrastructure, make labor law modern and changes in private investments. Mexican leaders are still dealing with the lack of jobs and poverty.

Education

They have improved their literacy and education rates; there was a rise in children receiving primary education. Although, they have been improving they low “but low compared with other Organization for Economic Cooperation and Development (OECD)”. Male education expectancy for primary to tertiary education is 14 year; for women it is 13 years. 91 percent of Mexicans age 15 and over can read and write.92.4% of men can read and write,89.6% of women can read and write.

Population
111,211,789 0-14 years: 29.1% (male 16,544,223/female 15,861,141) 15-64 years: 64.6% (male 34,734,571/female 37,129,793) 65 years and over: 6.2% (male 3,130,518/female 3,811,543)

Health
Infant Mortality Rate total: 18.42 deaths/1,000 live births country comparison to the world: 113 male: 20.3 deaths/1,000 live births female: 16.44 deaths/1,000 live births

Life Expectancy at Birth total population: 76.06 years country comparison to the world: 71 male: 73.25 years female: 79 years

Major Infectious Diseases degree of risk: intermediate food or waterborne diseases: bacterial diarrhea, hepatitis A, and typhoid fever vectorborne disease: dengue fever water contact disease: leptospirosis

Governance
Mexico has 31 states (estados, singular - estado) and 1 federal district* (distrito federal); Aguascalientes, Baja California, Baja California Sur, Campeche, Chiapas, Chihuahua, Coahuila de Zaragoza, Colima, Distrito Federal*, Durango, Guanajuato, Guerrero, Hidalgo, Jalisco, Mexico, Michoacan de Ocampo, Morelos, Nayarit, Nuevo Leon, Oaxaca, Puebla, Queretaro de Arteaga, Quintana Roo, San Luis Potosi, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz-Llave, Yucatan, Zacatecas

Government
Mexico has a Federal Republic and a three branch government, Executive, legislative and Judicial. The branches are not equally distributed, the executive branch has controlled law making. They have a congress and there presence has been increasing in importance. The president’s term is six years without ability to be reelection. There is no position of vice president in the instance of death or removal of office the congress elects the new president. The Congress consisted of a Senate and a Chamber of Deputies. The senate has 128 seats, which is made of direct-election and proportional representation. The judiciary is divided into federal and state court systems. The federal courts system has jurisdiction over most civil cases and those involving major felonies.

Elections
Mexico has an electoral process for the executive and Legislative branches of government. The election of the current President, Congress, several state governors, and the mayor of Mexico City, are a representation of a major milestone in Mexico's difficult path toward democracy. The ruling state party of Mexico is The Partido Revolucionario Institucional (PRI) had ruled Mexico at the federal level for over 70 years.

Judicial Review
A judicial reform in 1994 has increased the independence and judicial review powers of the judicial branch, the creation of a judiciary’s ability to checking the power of the president. Although, the ruling PRI appears to counter political logic. “PRI politicians, newly unable to control political outcomes at state and local levels and unsure if they would continue to dominate the national government in the future, opted to empower the Mexican Supreme Court as a hedge against the loss of office”.

Legal Personnel
A Mexican lawyer is highly educated and many of their lawyers speak English. Law students have to complete formal education and a minimum of three years of Law school which includes a liberal arts and theoretical in scope and focus than is law school in the U.S. In order to graduate, law students need to do community service for 480 hours and a minimum of 6 months at a government office. Students may work for a municipal, state or federal government agency as a clerk. Then depending on the school there are a few methods by which they can finish and get their degree such as having a GPA over 9.5, studying a masters degree, taking a multiple choice exam on the law (CENEVAL), taking exams on 5 specific subjects after completing a seminar, or others. Lawyers in Mexico are licensed to practice throughout Mexico, there are no integrated bar or requirement to join a bar association although some states like Jalisco are modifying their Professions Law to mandate contunuing education and having not only the federal license or "cedula" but also a state one in order to litigate. “Some Mexican lawyers continue to study after becoming licensed and obtain their Masters in Law or Doctor of Law Degree. Like in the U.S. Mexican lawyers are slowly becoming more specialized as the volume and complexity of Mexican law grows”.

Punishment
In Mexico the trial process is different and procedures may vary from state to state. The penalties may be less severe than the U.S for breaking similar offenses. A person, who violates the Mexican laws, even if they are unknowingly, can be expected to be expelled, arrested or imprisoned. For example, “penalties for possession, use or trafficking in illegal drugs in Mexico are severe, and convicted offenders can expect long jail sentences and heavy fines”.

Sexual Offenses
A person, who decides to engaging in sexual conduct with children and or spreading child pornography in a foreign country, is a crime. The Solicitation of the services of a minor for sexual purposes is illegal, and is punishable by imprisonment. The Mexican government has an aggressive program to discourage sexual tourism.

Prison Facilities/Prisoner Treatment/Interrogations
The prison conditions in Mexico vary, but can be extremely poor. Many prison facilities the food is insufficient in quantity and quality, and prisoners must pay for better nutrition. In addition to poor diet most Mexican prisons have poor medical care, and even urgent medical conditions receive only a minimum of attention. “U.S. citizens who are incarcerated in Mexico are sometimes forced to pay hundreds and even thousands of dollars in “protection money” to fellow prisoners”.

The Mexican Constitution and Mexican law prohibit torture; even though the Mexican police obtain information through the regular use of torture, and courts admit confessions extracted under torture as evidence. Officials are hardly ever punished for the use of torture, “which continues to occur in large part because confessions are the primary evidence in many criminal convictions”.

Human Rights
There have been some human rights concerns, predominantly at the state level. Violence engulfs local elections and misuse of the judicial system is commonly used. The federal efforts to combat violence against women have limited success. In addition, human rights defenders have been threatened and journalists have been killed despite proposed legislation to strengthen human rights protection laws.

Criminal Law
In Mexican criminal law, one is guilty until proven innocent. There are no death penalty exists in Mexico. The act of fraud is a criminal offense, which is usually considered a civil matter. In virtually all Mexican prisons, a prisoner is allowed regular conjugal visits. Mexican law doesn’t allow parole or bail on personal recognizance. “An individual charged with a criminal offense must post a financial bond to be released on bail, which may not be available if the potential sentence in years surpasses a certain limit under a formula set forth in Mexico's Constitution.”

Adoption
The requirements of adoption include a one to three week pre-adoption trial period. During this time the child will live with his prospective parents in Mexico. Due to the amount of paperwork in the Mexican processes, “the State System for the Full Development of the Family (Desarrollo Integral de la Familia, or DIF) suggests adoptive parents be prepared to spend at least three months in Mexico including the pre-adoption trial period”. There is an age requirements for adoption the prospective has to be 25 years old and at least 17 years older than the child. If the couple is married, only one parent must meet the age requirement for adoption. There are no real marriage requirements for those prospective parents may be married or single, male or female. The only income requirements for prospective adoptive parents are they have to be able to support the Childs’ physically and provide them with an education.

Marriage
The legal requirements to get married in Mexico, people under the age of 18 may not get married in Mexico without parental consent. For those with parental consent, boys have to be at least 16 and girls need to be at least 14 years of age. You don't have to be resident of Mexico to get married there; all that is needed is a passport and your tourist permit, plus some other paperwork. If you plan to get married to a Mexican in Mexico, you will need some additional documentation.

Divorce
“The requirements are that an alien be a legal resident of Mexico before he may apply for a Mexican divorce. He must obtain a certificate from the Secretaria de Gobernacion (Interior Department) stating that he has legal residence in Mexico and is therefore entitled to institute divorce proceedings. Becoming a legal resident (inmigrante) is a rather complicated, time-consuming process. Application for a resident visa must be made at the Mexican Consulate nearest to the prospective immigrant's abode in the U.S. Numerous documents are required, including proof of income (a minimum of $1500.00 per month for a single person and $500.00 for each accompanying dependent is required.) Work permits are extremely difficult to obtain in Mexico and the inmigrante is not permitted to work without a permit until he becomes an emigrado after five years. During the five-year period he cannot be absent from Mexico more than twelve weeks of each year or he loses his immigrant status”.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Comparative law and justice/Mexico


text:
Comparative law and justice/Guatemala

Part of the Comparative law and justice Wikiversity Project

Basic Information
Guatemala is located in Central America, south of Mexico. Other neighbors to the country include, Belize, El Salvador, and Honduras. On the west of the country is the Pacific Ocean and on the east of the country the Caribbean Sea. A river called the Motauga River separates the northern and southern mountains, it flows towards the east and flows into the Omoa Bay off the Gulf of Honduras. The two mountain chains cross the country from west to east, it divides the country into three major regions. The total landmass is considered to be slightly smaller than the state of Tennessee, the land has been measured to be about 107,159 sq km. The climate in Guatemala is unconsistant, the costal regions and the northeastern parts are usually at 68°F or 20°C, these temperatures can also rise as high as 99°F (37°C). These temperatures usually rapidly decrease during the night and are good enough to just carry a light jacket. Closer to the center, such as Guatemala City, the rainy season begins in May and ends in September, rains throughout the day but clears up in the afternoons and evenings.

Guatemala City is not only the largest city of Guatemala, but also all of Central America. It's population is made up of Native Americans and ladinos,latin for latinos, but also includes small groups descended from European immigrants. The major ethnic groups in Guatemala are the Mayans and the ladinos, those of mixed Native American and European Spanish descent. The Spainish descent, came from Spanish colonists and later European immigrants. Percentages of ethnic groups:Mestizo (mixed Amerindian-Spanish) and European 59.4%, K'iche 9.1%, Kaqchikel 8.4%, Mam 7.9%, Q'eqchi 6.3%, other Mayan 8.6%. Guatemala's official languages include, 60% of the population used the language of Spanish, 40% of the population use Amerindian languages or official languages such as: Quiche, Cakchiquel, Kekchi, Mam, Garifuna, and Xinca.

Roman Catholicism is traditionally the major religion of Guatemala, but the Native Americans have continued to practice their traditional religions, either separately or combined with Catholic beliefs. Protestant has increased to now being 30 percent of the population, it was introduced in the mid-1800's.

Economic Development, Health, and Education
Economic development per capita is 1,670, and 4,000 being the average annual income. The key exports of Guatemala are coffee, sugar, bananas, and cardamom. They also export products such as fresh fruits, vegetables, flowers, processed foods, textiles, pharmaceuticals, chemicals, plastics, cosmetics, rubber and paper products, beef, and petroleum. It has been stated that exports have totaled $4.5 billion in 2007, the United States being the principal market. The United States, Mexico, as well as other countries have been Guatemala's principal imports of products such as automobiles, machinery, other manufactured goods, food, and petroleum.

The infant mortality rate has been estimated to range about 29 deaths per 1,000 live births in 2009. In 2007, the literacy rate for citizen over the age of 15 was at 73% of the population, 68% were females while 79% were males who were able to read. The average educational attainment is 10 years, usually males attend school for 11 years while females attend school for 10 years.

Since July of 2009, Guatemala's population is about 13,276,517, which includes 39% being infants up to the age of 14, 56.8% of citizens of ages 15-64, and 3.8% that consists of people 65 years or older .In 2009, the country's birth rate is 28 per 1,000 people, while death rates are 5 for every 1,000 people .The average life expectancy is 69 years for males and 72 for females.

Guatemala has an increase risk of disases that may include: Bacterial Diarrhea,Leptospirosis, found in water, Hepatitiis A, Typhoid Fever, Dengue fever, and Malaria, are both caused by an infected mosquito bite.

Brief History
On September 15, 1821 Guatemala declared their independence from Spain along with other Central American coloies. On November 13, 1960 military coup of young officers tried to overthrow General Miguel Idigoras Fuentes, leaders of this military were lieutenant Turcios-lima and Yon Sosa. Since their plan fail they ran off to the mountains and pleaded help from Fidel Castro and their ideologies became Marxist. This group became a guerilla movement, giving the start of the civil war. This bloody civil war costs more than 200,000 lives, making the Mayan indigenous the most suffered in such conflict. Many times their villages were wiped off and men and women were massacred. The years most violent in Guatemala was when General Efraín Ríos Montt became dictator in 1982-1983. He was responsible for the deaths of tens of thousands of indigenous people and destroyed the entire indigenous villages. He forced a million citizens to flee their nation. A Mesoamerican civilization known as the Mayans, were located in Guatemala from 300-900A.D. They were known for their written language and greatly developed architecure, music, mathematics, calendar and some knowledge of astronomy. Pedro de Alvarado was sent to invade the land in 1524; Guatemala later gain it's independence in 1821.

Governance
Guatemala is a civil-law country, brought here by the Spaniards who were influenced by France. Its government has been known to be a constitutional democratic republic, in which contains the three branches of government: legislative, executive, and judicial. Guatemala is based on it's Constitution written in May of 1985, suspended in May of 1993 and reinstated in June of 1993. The Guatemalan government was being controlled by the military, after the Constitution was written the government was returned to civilan rule.

Here, government officals attain their positions by popular votes given by citizens. The Congress is a unicameral Congress of the Republic or Congreso de la Republica in which consists of 158 representatives who are elected by popular vote to only serve a four-year term. The executive branch, is the president who is elected by popular vote and is only allowed to serve a four-year term to avoid any possible dictatorship. The judicial branch in Guatemala, has it's highest court called Corte de Constitucionalidad, it consists of five judges having five-year terms; also the Supreme Court of Justice has a five-year term with 13 members involved.

Laws are made by first a presentation and three readings in three separated sessions by Congress. The bill is later passed on the executive branch for the president's signiture and publication, if after 15 days the bill has not been vetoed, it is automatically sent for publication. If the president vetoes a bill, then it may still be passed by having two-thirds majority of Congress and then it will be sent to the Official Gazette, for publication.

Elections
Elections are conducted locally, schools, church halls, and other public buildings are opened to the public and set up as stations to vote. Voting is manditory for both men and women citizens, they must be at least 18 years old and older, also they are required to be literate; for nonliterate citizens, voting is optional. The president is elected by direct vote, but cannot be re-elected ."The cabinet resigns at the end of each year so that the president may choose a new cabinet. The president, who is also commander-in-chief of the armed forces, appoints most military officers, the 22 governors, and other important public and diplomatic officials". Guatemala has inquisitorial trials.

Judicial Review
When citizens disagree with the outcome of the judge in charge of the case, they appeal it to the "Sala de apelaciones" equivalent to the Appeal Courts.

Punishment
Guatemala uses fines as a way of punishment, these fines are given relevant to the offense and not to the offense's resources. As of 1996 corporal punishment is used mostly by tribes and are done in public, the most offenders will recieve are whippings on their shirtless backs. This is allowed because it is known to be part of the Mayan culture, the tribes own traditional punishment, a person who is carrying a gun for example will recieve these whippings by his or her tribe. After the whippings, the offender is handed over to the National Civil Police.

Although crime rates in Guatemala are extremely high, punishment has low numbers due to cases not throughly investigated, so many criminals are most likely to get away with crimes .Yet with this being true the prisons are very old and are full, having about 40 offenders in a cell that is measured to be 30 square yards. The violence in these prisons are horrible because two rival gangs are constantly fighting. It has become such a huge problem that even new inmates are scared they will be attacked by their enemy, many refuse to go to the shared toilets at night so instead use plastic bags and dispose of it in the morning. These prisons are in extremely bad shape but the ones whom seem to suffer the most are the prison guards because they are under paid, working 12-hour shifts for 7 days in a row, recieve bad food, and is the reason why most of these guards are corrupt. In April 2006 offenders who commit misdemeanors are placed in Cárcel de Delitos Menores or Prison for Less Serious Offenders, this prison holds about 250 inmates.

From 1983-1996 the dealth penalty was not practiced until September of 1996 two prisoners were executed by a firing squad. This was put all over television and had a harsh impact on society, that as a result lethal injection was the new way of Capital punishment. In 1998 the first lethal injection was use and shown on television, this again had a negative response from viewers and so the government stated that executions would no longer be shown. Records show that execution was not done in 2008.

Legal Personnel
In Guatemala, the judge makes the decision of whether or not the defendant is guilty and if so what the punishment will be. They also may ask the defendant questions and then he or she must answer. Lawyers either take the side of the defendant or can prosecute, they talk to the judge. The plaintiff is the aggrevated person or victim of the case and the defense or defendant is the person accused in the case. Witnesses are also involved in court cases and are used to state facts on what or who they saw. No jurors are used in Guatemala.

The judges' role is to listen to the case and apply the punishment; they begin their career as lawyers and then are selected by the Supreme Court to become judges. Lawyers are also responsible for notaries, wills, divorce and marriage. They are educated in different universities than other professions. Lawyers graduate after completing upon different academic studies and is required to have an internship at buffete popular; this means an internship at a public defense office.

There is also a place where legal counsels respond to complaints made by indigenous women who have suffered some sort of violence, this place is called Defensoría de la Mujer Indígena or Office of Indigenous Women's Defense.

Like the United States, there is a presumption of innocence of the defendant during trial and may speak once he or she is asked questions by the judge. The country does not have social insurance but does have punitive damages.

Courts are organized in hierarchy, beginning with Juzgados de Paz. This is the lowest of the courts and tries to peacefully resolve cases. If this is not available then the case may be appealed and sent to one of three courts, Juzgado de Trabajo where cases must relate to work issues, Juzgado Civil, cases are related to civil issues, and Juzgado Criminal where cases must be related to criminal issues. The case may be appealled and be sent to a higher court called Salas de Apealationes or Appeals Court. If a person does not agree with the decision made by the judge, you may appeal your case and it will be sent to the Courte Suprema or Supreme Court. The last court is called the Corte Constitutional which deals with cases where a persons constitutional rights have been violated.

Law Enforcement
The police in Guatemala are called Policía Nacional Civil or the National Civil Police. They are set up in a hierarchy that begins with Dirección General de la Policía Nacional Civil or Director General who is the highest rank. This person has a five different departments that help him with his responsibilities. These departments are the General Department, Private Department, Executive Department, Legal Assistance Department and Social Communication Department.

In order to become apart of the National Civil Police, canidates must go through the police academy; this is a basic training course. "Entry level posts forp olice officers of this force are governed by a ministerial agreement on the invitation for applications, which specifies eligibility requirements, disqualification and reasons for expulsion from the training program ." Future police officers, must also go through a process of background check by the Verification Unit of the National Civil Police Academy and also by the Office of Professional Responsibility. These future officers must also sign and agree a declaration of integrity to the Office of Personnel and the General Inspectorate.

The weaknesses by the Guatemalan police have to do with the lack of training of many officers. They also lack the amount of schooling, and equipment, they are not required to having follow up trainings. As of March of 2006,a survey called the National Urban Survey on Corruption and Transparency found Guatemala to be the third highest. This is actually a positive outcome because in previous years the country has ranked first in corruption.

The military in prior years was to keep the peace and keep the territory integrated, the last president and actual president both adquire the military to work alongside with the national civil police to reduce the high indices number of criminal activity.

Crime Rates and Public Opinion
Crime is very common in Guatemala, it is a very serious problem because of its increasingly high rate. It is one of the highest in Latin America. Usually crimes can be of assault, theft, armed robbery, carjacking, rape, kidnapping,and murder. Police officers are linked to the high crime rate; they are inexperienced and not paid enough. As a result, criminals know there is a high chance they will be able to get away with any crime. Traverlers are not safe from any of these crimes, some can fall into the trap of having a flat tire. Citizens could well be overseen as being "good citizens" by coming around and "helping" the victim to push the car to the side of the road, and then steal the travelers valuables with or without their knowledge. The reports of homicide are extremely high,just in 2008 it has been reported to be 40 murders a week in the country's capital alone. It is reported that 13,721 thefts and robberies in Guatemala in 2001, 3,110 crimes had resulted in death. It is known that in 2009, stolen vehicles have risen 46% since 2008, it is believed that delinquent gangs steal autos to later sell them or take them to chop shops. In 2007, 225 cases of kidnapping have been reported, they have become sucessful using methods; 1) they use poverty towards their advantage by making an agreement with the child's parents and saying they will become a guardian to the child, later will ask the parents to sign a legal document giving up responsibilties towards the child, 2)the kidnapper will violently grab the child and force them to leave with them. Reported sexual assault cases in 2006, have been recorded to be 581 cases just in the nation's capital alone .These numbers may have an effect based on having about more than half of their crime being un-reported. Many victims do not report crimes due to the thought of it being irrelevent to report them, think it is not serious enough to be reported, or fear of some sort of retaliation. In 2005, 1,200 citizens were interviewed, within this group about 35% of them believed the biggest problem faced in Guatemala is violence and crime. While 7% believed the biggest issue was the corruption in their own government. The public also do not concur with the ridiculous bails that are given to known criminals. In a way, citizens do not blame the judge for giving them a low amount for bail, because judges are usually given some sort of threat to either their family or of their own life. In addition, they also stated the country is in need of urgent changes in the justice system. They believe that in court, judges should disguise themselves in the audience or remain anonymous. When considering the punishment of crimes committed with weapons especially guns, many agreed that criminals should be punished more severly. Punishments such as being thrown into prison without any chance of bail, so that future criminals will think twice about doing any crime. They will know the consequences of going straight to prison without bail. Guatemala is a democratic republic in which catergorizes under civil law, the courts have equal but seperate powers.

Family Law
Marriages are usually performed by Alcalde Muncipal, local civil officers, or by a lawyer. If a foreigner desires to marry; he or she must present a valid passport and birth certificate. If previously married, he or she must present a divorce decree or death certificate that must be authenticated by a Guatemalan consul. It must also be published in the newspaper about the wedding for two weeks to make sure there are no issues. People interested in adopting or want to put their child up for adoption must contact the Consejo Nacional de Adopciones(CNA) or the national advice of adoptions; a judge from Niñez y Adolescencia or childhood and adolesence, has to declare the child to be adoptable. A newborn child may be put up for adoption after evidence of the family's uncapability of proper care and can be adopted at six weeks. The CNA chooses the parents whom best interest the child, giving preference to Guatemalan families if it is not aplicable then it becomes an international adoption.

Women whom would like to re-marry must wait 300 days after they have officially become divorced, if not they will face a fine of 100-500 quetzales (about $13-60 US dollars); this is not applicable to men.

Inheritances are determined by a will, in cases where the will does not exist there are intestados this means that sn immediate family member pleads to the land registry to declare themself as the inheritor. People will attend a court hearing with the presence of a judge and their lawyers, to make decisions on responsibilites on the children and/or family. In Guatemala, elders are not treated in a particular way due to their age but are treated as adults by the legal system. Juveniles on the other hand, are treated similarily as the United States, they will often place them in reformatorios which are training schools.

Social Inequality
Social inequality can be found in Guatemala, it has been known since the Spanish conquest in the 16th century, the Spaniards discriminated against the indigenous people. Now a days, discrimination exsists not only on the indigenous but also depending upon a person's gender, where they live, and their socioeconomic status. Gender inequality is also found, reports state that until the year 1946 women were finally allowed to vote but it was not until the year 2007 that women held seats in the Senate. In agriculture only 18% of women have been given employment opportunity from 1995-2003 while 50% of men were given employment.

Human Rights
The fundamental rights protected by the legal system is freedom of religion, freedom of expression, the right to life, and local motion. In Guatemala, all citizen have the same rights and obligations but discriminate against the indiginous people; whom are the Mayans.

title: Comparative law and justice/Guatemala


text:
Comparative law and justice/South Africa

Part of the Comparative law and justice Wikiversity Project

Brief History
The first modern humans residing in South Africa date back to over 100,000 years. The two groups which inhabited the southern tip of Africa were the hunter-gather San and the pastoral Khoekhoe people. However, in most of present-day South Africa, Khoe and San had interacted for centuries with Bantu-speakers, as indicated by linguistic and genetic evidence, by the time the Dutch founded Cape Town in 1652 as a check point for the spice route between the Netherlands and the East. With the arrival of the European settlers came new diseases and warfare, completely eliminating the Khoekhoe people. In 1806 Britain seized the Cape of Good Hope. Anger rose for the native inhabitants when the discovery of diamonds in 1867 and gold in 1886 brought upon new wealth and immigration. The Anglo-Boer War broke out in 1899, leading to a shared polity between the Boers and British called The Union of South Africa. The exclusion of indigenous people led to the founding of the African National Congress (ANC) in 1912. In 1948 there was an election by the National Party to create a separate development between the races. The National Party invented apartheid as a means ensure white domination and increase racial separation. In the 1960's South Africa initiated "Grand Apartheid," which stressed on territorial divisions and police repressions. These race laws prohibited intermarriage between races and prevented non-whites from designated jobs. The Bantu Authorities issued all citizens to a specific "homeland" based on origin. Four of these homelands were created between 1976 and 1981, denationalizing nine million South Africans and making them aliens in their own country. The Public Safety Act and Criminal Law Amendment Act were passed in 1953 which gave the white leaders the right to fine, imprison, or whip any civilian protesting against or supporting the repeal of a law. In 1994 the African National Congress brought an end to separate development between the races. In September 2008, following resignation of President Thabo MBEKI, massive fighting between natives broke out. The leader of the party is now the General Secretary, Kgalema MOTLANTHE. Kgalema Motlanthe only reigned for a short period of time and then president Jacob Gadleyihlekisa Zuma was appointed as president after the elections in his 11 years of office peace was mantained over all races even though he was involved in corruption.President Jacob Zuma was in office since late 2008 up until early 2019 where the deputy President Cyril Ramaphosa took over till present.

Basic Information
South Africa is located at the southernmost tip of Africa and is approximately twice the size of Texas. With a landmass of 1,214,470 sq km South Africa ranks in at the world's 32nd largest country. The country includes the Prince Edward Islands and borders Botswana, Lesotho, Mozambique, Namibia, Swaziland, and Zimbabwe. On the southeastern side of the country is the Indian Ocean and on the southwestern side lies the Atlantic Ocean. South Africa has three capitals: Cape Town, Bloemfontein, and Pretoria. The climate of South Africa is semiarid and subtropical on the east coast with hot days and cool nights. The country is a relatively flat plateau with rugged hills and a narrow coastal plain. South Africa has two major rivers: the Limpopo River and the Orange River. The key mountain ranges in South Africa are the Drakensberg Mountains.

In July 2009 South Africa had a population of 49,052,289 making it the 25th most populated country. The total population has 0.99 males for every female; 28.9% are under the age of 15, while 5.4% are over the age of 65. South Africa has never had an official religion but the 2001 census reported that 11.1% of the population was Zion Christian, 8.2% Pentecostal/Charismatic, 7.1% Catholic, 6.8% Methodist, 6.7% Dutch Reformed, 3.8% Anglican, 1.5% Muslim, 36% other Christian, 2.3% other, 1.4% unspecified, and 15.1% none. Also according to the 2001 census the population consists of 79% black African, 9.6% white, 8.9% colored, and 2.5% Indian/Asian. South Africa has 11 official languages: Afrikaans, Ndebele, Northern Sotho, Southern Sotho, Swati, Tsonga, Tswana, Venda, Xhosa, Zulu, and English. The language distribution is relatively dispersed with 23.8% of the country speaking IsiZulu, IsiXhosa 17.6%, Afrikaans 13.3%, Sepedi 9.4%, English 8.2%, Setswana 8.2%, Sesotho 7.9%, Xitsonga 4.4%, and 7.2% speaking a different language.

Economic Development
South Africa is a middle-country with a Gross Domestic Product of $491 billion, ranked 26th in the world. The GDP per capita is $10,100 (105th in the world). The South African economy is driven by mining (world's largest producer of platinum, gold, chromium), automobile assembly, metalworking, machinery, textiles, iron and steel, chemicals, fertilizer, foodstuffs, and commercial ship repair. The major exports are gold, diamonds, platinum, other metals and minerals, machinery, and equipment.

Health and Education
South Africa has an infant mortality rate of 44.42 deaths/1,000 live births making it the 59th highest in the world. Males have a life expectancy of 50 years compared to females with an average life expectancy of 48 years, making the country 209th in the world. The major public health concerns in South Africa are HIV/AIDS, smoking-related diseases, and tuberculosis. South Africa has the world's highest AIDS rate with 11% of the total population being infected. In 2008 there was a total of 5.2 million people living with HIV/AIDS and 250,000 South African died from AIDS. About one in every three females aged 25-29 and almost one in every four males aged 30-34 carry the virus. Over 70,000 babies are born every year affected by HIV transmitted from the mother and is the main factor in the rise of the infant mortality rate. In 2003, 86.4% of the total population over the age of 15 could read and write. Male literacy rate is 87% while female literacy is 85.7%.

Governance
South Africa has a republican government that is based on Roman-Dutch law and English common law. Government officials get their positions by being elected by the national assembly. South Africa has a constitution that was put into effect on February 4, 1997 which was created jointly by local citizens, civil society, and political parties. The government is split into the Judicial branch, the Legislative branch, and the Executive branch. The Executive branch consists of the President and his cabinet which serve a five year term. The Legislative branch consists of the National Council of Provinces which consists of 10 members from each of the 9 provinces totaling 90 seats. The Judicial branch consists of the Constitutional court, Supreme Court of Appeals, High Courts, and the Magistrate Courts.During the Apartheid years South Africa rejected all things constitutional, including a role for judicial review. The post-apartheid government has incorporated judicial constitutionalism involving a role for judicial review.

Elections
South Africa holds elections at the state, national, and local levels with proportional representation making it possible for small affiliates to hold office. South Africa's parliament is split into the National Assembly and the National Council of Provinces, whom are responsible for electing the president. The National Assembly has 400 members while the National Council of Provinces has 90 members, each serving a five year term. National, state, and local elections are all held on general election days. In the last election only 56% of all eligable voters cast their vote. Anyone that is over 18 years old, registered, a South African citizen, and has a valid bar-coded identity document or a valid temporary identity certificate is able to vote. Section 19 in the South African Constitution states that 'Every adult citizen has the right to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret and to stand for public office and, if elected, to hold office'.

Courts and Criminal Law
Before South Africa created its first democratic constitution it had two courts: the Supreme Court and the Appellate Division. In 1994 a new system was established entitled the Constitutional Court, which is South Africa's highest court. The first President of the Constitutional Court, Arthur Chaskalson, was appointed by President Mandela and the current chief justice. There are a total of nine judges in the Constitutional Court, each serving a non-renewable term of seven years which was later extended to a term of 12-15 years depending on the age of the judge. The Constitutional Court has the final say in all matters involving the constitution and its decisions are binding. The Supreme Court of Appeal involves all appeal cases except those involving the constitution. The High Court of South Africa handles civil cases which involve more than R100,000 and serious criminal cases. The High Court primarily deals with cases involving a person's status and are defined by the geographical areas in which they reside. The lowest level of court in South Africa is defined as the Magistrate Court, which has more than 400 courts divided regionally and districtly. Magistrate Court deals with cases involving less than R100,000 with most criminal cases being solved in a High Court. South Africa also has specialist courts including Circuit Courts, Special Income Tax Courts, Labour Courts and Labour Appeal Courts, Divorce Courts, Land Claims Courts, The Water Tribunal, Truth and Reconciliation Commission, Small Claims Courts. In the South African court system there is no law that allows the accused to remain silent. The accused has the right to ask for bail, the right to have a trial within 48 hours, subpoena witnesses, the right to legal representation, and the right to question any witnesses. The South African court systems have an adversarial trial with some inquisitorial traits. This is shown in the plea bargaining stage and is shown in the motto of the court that the decision "should not descend into the arena and have its vision clouded by the dust of the conflict". In South Africa there is a presumption of innocence until proven guilty. On paper the courts adhere to both the prosecutor and the accused to understand the full truth of the disagreement. Due to the lack of funding for the courts, the accused are expected to pay their fines out of pocket.

Legal Personnel
The most important actors in the Constitutional Court are the eleven judges. To be appointed as a judge one must not be a member of any political organization to ensure justice in the courts. The commission nominates and holds public interviews to screen the candidates and the President makes the final decision. In the lower courts the Judicial officers are called 'magistrates' and must hold a law degree or have passed the Civil Service Higher examinations. Additional key actors in court are the accused, the prosecutor, and the lawyer. In court the prosecutor has the right to trial against the accused, who has the right to a lawyer. South African lawyers must serve articles for at least two years under an experienced attorney and attend law school to understand theoretical concepts. South Africa does not have a jury due to the deep racism that still exists from apartheid and lack of funding in the legal department

Law Enforcement
South Africa possesses a centralized single police structure with a national police force the South African Police Services (SAPS) and a single municipal police force in Durban. There are some independent police forces like the Johannesburg metropolitan police department (JMPD)or the mangaung metro police department (MMPD)and so on. The ten homelands and the SAPS account for the eleven policing agencies, each with their own uniform, rank structures, and conditions of service. The eleven policing agencies consist of Transkei, Bophuthatswana, Venda, Ciskei, Gazankulu, Kangwane, Kwandebele, Kwazulu, Lebowa, Qwaqwa, and the old South Africa (SAPS). The SAPS rank system has Non-commissioned Officers and Commissioned Officers. The Commissioned Officers consist of a National Commissioner with a deputy followed by Provincial Commissioners with assistants each with a Director, Senior Superintendent, Superintendent, and Captain. The Non-commissioned Officers consist of a Inspector, Sergeant, Constable, and Student Constable. Law officers must complete a long basic training in order to become an appointed police official on salary. Trainees must go through a six-month long basic training and tactical policing program, followed by a twelve-week long field training as a student constable in uniform, followed by a year of in-service training, and then work in the police service for four years. Out of 153 countries being surveyed on corruption rates, South Africa ranked in at 51st. On a scale of 0 through 10, with 0 being most corrupt, South Africa received a 4.6 rating by the Corruption Perception Index. The role of the military in South Africa is to defend the country in a time of war, prevent or suppress terrorism and internal disorder, and to preserve life, health, or property and maintenance of essential services. The country follows the Quasi-Military Police Model in which the SAPS and the military work in conjunction to help patrol internal violence. South African National Defense Force (SANDF) branches into the Army, Navy, Air Force, and Military Health Service.

Crime Rates and Public Opinion
The most common types of crimes in South Africa are murder, theft, rape, and drug offenses. In 1992 the Annual Report of the Commissioner of Police there were 16,067 counts of murder, 78,677 counts of reported robbery, and 24,360 counts of rape. The number of reported rapes range from one in every two to one in every twenty. The statistics suggest that a large portion of rapes go without being reported and alter the accuracy of the rate of crime. In 1992 there were 20,071 people were arrested for connections with the drug trade. In comparison to other countries South Africa ranks first in gun violence per 100,000, murders, and murders with firearms and ranks second in assaults, kidnappings, rape, and prisoners

There has been an increase in the rate of crime since the death penalty was abolished in 1995. Statistics show that one in every three females have been raped and 90% were first raped as a teenager. Due to the high crime rate in South Africa the desire to live in a gated community has increased. Many South Africans feel as though the government is ignoring the increasing rate of crime and supporting toll roads and new licensing systems. The citizens believe that the actual problem is not in the arrest of the criminal, but in the legal acts that follow. Most of South Africa exhibits common law.

Punishment
Currently South African prisons contain 163,479 inmates at an overcrowded rate of 142.32% with about 393 prisoners per 100,000. Of the 163,479 inmates 3,565 are adult females and 58,271 of the inmates are children under the age of 25. There is much violence in the prisons against guards and other prisoners, many ending in fatalities. South Africa has many prisons, each varying in physical condition. The cells range from clean single rooms to unsanitary with up to 42 people in each cell. Prisoners awaiting trial sleep in small damp and cold rooms, have dirty toilets and blankets, chipped tiles, and unpainted walls. The maximum security prisoners include those who have committed murder, serious economic offenses, or those who are serving for multiple crimes. Some prisoners in maximum security are allowed to attend school, play soccer, and work;However most of the prisoners in this department are allowed nothing. The justification for punishment in South Africa is 'warehousing,' a purpose of punishment in which the goal is to isolate the prisoners completely from the outside world and has no type of rehabilitation or post-release program. Due to South Africa's deep apartheid roots there is still much segregation in the prisons. Blacks make up the highest percentage of prisoners with 129,594 incarcerated, followed by 28,971 Coloured inmates, 2,725 Whites, and 763 Asian. Due to the overcrowding of the prisons, there is a periodic 'special remissions' stage in which prisoners are released before their parole date. The minimum sentence for a rape charge is 10-25 years depending on whether it is the perpetrator's first offense. The South African law has a minimum life sentence for cases involving gang rape, second offenders, and those cases in which the victim has already been raped previously. The minimum sentence for first degree murder is 15 years imprisonment on the first offense and the minimum for assault ranges from 5-10 years. First offenses for some murder, some terrorism, robbery including hijacking, some drug dealing, firearm offenses, and white collar crimes including corruption has a minimum of 15 years. The only crimes that can be punishable for life involve massive murders, rapes, and terrorism. The determination of the life sentence depends if the act was premeditation, conspiracy, robbery in aggravated circumstances, the victim being a law enforcement officer or witness, or if the act was done under repeated rape or vulnerability of the victim. Court fees are paid by the offender based on the offense category. South Africa has outlawed capital punishment but permits corporal punishment in schools and allows caning on adults.

Rights
In order to obtain a customary marriage both spouses must be over the age of 18, must consent to each other to be married under customary law, and must not be blood related. If the prospective spouses are under the age of 18 they must obtain consent from a parent, guardian, commissioner of child welfare, judge, or minister. A South African married under customary law can have the marriage be dissolved if the court agrees that the relationship "has reached such a state that there is no reasonable prospect of the restoration of a normal marriage relationship between them". South Africa allows same-sex couples to "enjoy the status and the benefits coupled with the responsibilities that marriage accords to opposite-sex marriage". The rights to a child may be given up by choice or by force under circumstances in which they harm the child's safety, protection, welfare, or well-being. The child may be placed in a drop-in center, foster home, youth center, or be put up for adoption. There are many laws which determine the outcome of a deceased persons' property. If the spouse is not mentioned in the will the Maintenance of Surviving Spouses Act allows the surviving spouse to claim the property only until remarriage or death. If there is no will the property is divided up equally between the remaining children and spouse. If there is no surviving spouse or children the property is divided equally among parents and siblings, or the next closest blood relative. The property must be claimed within 30 years or is forfeited to the state. There are three ways in which a person may obtain citizenship as a South African. It can obtained by birth, descent, or naturalization. The first two criteria must be documented but to be naturalized is not a legal right and may be denied by the Magistrate. If the individual was born post-1995 then it must be proved that at least one of the parents was a South African or a permanent resident at the time of birth. The courts make decisions that revolve around families and children. Since the Bill of Rights was passed women have received formal rights as equal citizens.

constitution

The constitution is the supreme law of the Republic of South Africa. South Africa has one of the best constitution In the world .The constitution of south Africa contains laws that govern the republic and that restricts people in high positions from abusing their power. The constitution together with the bill of rights has the rights and also the responsibilities of an individual and also the community as a whole and the government

Human Rights and Social Inequality
Every South African has the legal right to a basic education, adequate housing, basic nutrition, sufficient food and water, health care, and social security Section 9 of the South African Constitution reads that "The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth." Although the Constitution declares all citizens as 'equals,' women and blacks are still suffering under apartheid rule. One case involved a group of white students at the University of the Free State in which they dispersed on campus footage of them urinating into food that four black laborers employed by the university had to eat .Women still make up a large percentage of the unemployed and those who are employed are majorly employed by the lower paid jobs. Blacks are still suffering under racism, with many cases being forgotten about in courts. Women are more affected by poverty and are infected with AIDS at a rate twice as high as men, making it much more difficult for women living in poor rural communities to receive adequate healthcare.


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Comparative law and justice/Colombia

Part of the Comparative law and justice Wikiversity Project

Basic Information
Colombia sits in northern section of South America located under Caribbean Sea. Colombia was first inhabited by the Spanish who arrived in 1510. It was not until 1538 that it was an established settlement known to the Spaniards as New Granada. This name remained until the year 1830 when the country split into three, Colombia, Ecuador and Venezuela. It is a tropical area along its coastlines, but has mountainous areas in the midlands. It is 1,138, 914 sq km. This is enough surface area of about twice the size if Texas for an example. This country has the population of 45,644,023 (July 2009). There is a 1.03 male/female population. There is a short life expectancy here seeing that only 5.6% of the population falls over the 65 yr old age range. This is due to the fact that there is an overabundance of hazards on the islands and pollution. These come in the form of toxic pesticides and even very high concentration of vehicle emissions. The main religion in Colombia is Roman Catholic. The following for these locals is huge and it is recorded that 90% of the citizens are followers of this religion leaving the other ten percent to be. Catholic, followed by Protestant and Finally the Jewish people. There are many different types of people who coexist in Colombia. The ethnic groups that are the most important are as follows Mestizo with 58% of the total population. This is followed by White, 20%, millato 14% and Black 4%. The mix is similar to most middle American countries. This population mix also explains why the main language is Spanish. Seeing that the residence are all from a Spanish background. The economic situation is not very good for Colombia. The poverty line has fifty percent of the people both above and below it. It is showing signs of improvement. This is due to the fact that it has some very strong exports mainly coffee, cut flowers, bananas, rice, tobacco, corn, sugarcane, cocoa beans, timber, shrimp. The imports are very different than one would expect including teams such as industrial equipment, chemicals, electricity, paper, and consumer goods. These products come mainly from the United States as well as China which has becoming very competitive with the United states.

Economic Development, Health, and Education
The health situation of Colombia is still below average seeing that it is still a developing country. Per 1,000 live births there are 18.9 deaths for infants This rate is lowering from the study done showing from the year 2003 there were over 25 deaths per 1,000 live births. The literacy rate it quite high for the condition of the country as a whole. As of the year 2007 the literacy rate topped out at 98.2 percent. That means that almost all the people living in Colombia are literate and have the ability to read and write.

Governance
Colombia has a government that is very similar to that of other Latin American countries. They are ruled by a sort of party politics system that consists of two main parties. There are the Conservatives as well as the Liberals. These two parties are just as they sound and closely resemble the Republicans and Democrats, these being the two most prominent parties in the United States. There is also a military who have been known to seize power from the party that is in charge for that period of time. This has happened of three different times, 1830, 1854, 1953. This may seem to be hard to believe. However this is much less common in Colombia as it tends to be in other Latin American countries. Leaders earn their positions the same way that they would do in the United States. They get elected by the people who's votes are tallied and decided by a popular vote. Colombia has a constitution much like that of the United States.

It was originally written in 1886 making it one of the first like it in Latin America. It has been drafted over and over. In 1988 it was drafted again, the goal being to get rid of any administrative corruption. Most recently it was doe in 1991. this was done to make changes to things like institution a four year term for the president. It also created what is known as a constitutional court. This is similar to the Supreme court, meaning that its purpose is to handle any issue that pertain with the constitution. There is a three branch government in Colombia. The first being the executive branch who is the president of Colombia. There is also the Legislative, which consists of a bicameral congress. Finally there is the Judicial which is the Supreme court, and the constitutional court. Colombia shares many qualities with the united States In terms of how this is runs. It practically mimics it.

Elections
The voting is done in a familiar way using the popular vote method meaning the candidate with the most votes is the winner. Colombia, being a country of social unrest has had a very hard time obtaining this type of a result because of their current situation. For instance, Last election there were twenty nine candidates who were killed while running for president. There is much corruption and it is even viewed that someones jobs were in fact linked to their vote.

Courts and Criminal Law
Colombia is under scrutiny by the rest of the world due to their judicial system. It is looked upon as a broken system with no hope due to the politics and the corruption in it. The judicial system is comprised of a Constitutional Court,a Supreme Court of Justice,a Council of State,and the Higher Judiciary Council, and superior and municipal courts. There are 24 judges who serve their lifetime on the court who get there by being selected by the judges who are currently serving their term. The Supreme Court looks at The Supreme Court reviews state and municipality laws, frames bills to be submitted to Congress, and proposes reforms. It acts as an advisory board to the government and can veto decrees. There is also a superior court that consists of three or four judges in each of the districts. These being separated the same way that they are in the United States. These courts can hear everything up to things such as labor cases. Other than that it runs like the United States does. Everyone has the right to an attorney, although this may lead to a lengthy trial and waiting in jail for months for a court appointed attorney.

Punishment
There is no capital punishment, life sentences, or exile in Colombia. The maximum punishment someone can receive is a 60 year sentence behind bars. There are only two big crimes that are on the spotlight down there. One being kidnapping and the other drug trafficking. The kidnapping runs rampant thought the country by the use of road blocks and other methods. Traditionally the offender if found guilty will recieve the maximum of 60 years behind bars. Then the drug trafficking which is under a lot of scrutiny is a big problem. It is also the reason that there are so many women in prison. Due to mandatory drug laws for instance is found with cocaine the max is pressured to be used on you. There are a lot of theories for why this is and the most home hitting is that it is to make the world view them as having a stiff drug policy for aide.

Law Enforcement
Colombia is ruled over by the Colombian National Police which was founded in 1891, it consisted of approx. 450 men, it is viewed that the police is the liberal balance to the very conservative military of Colombia that is well known thought the world. there is a similar hierarchy to that of the United States with ranking officers with the same names such as captain or leaut. The number of members did increase over the years however and they have grown to a force of 55,000 in the present day.

In order to be a part of this Colombia National Police you must be scrutinized and be able to meet certain criteria. They have their own police academy much like we do here in the United States. It is called General Santander Police Cadet School and the Jiménez de Quesada Noncommissioned Officers School, both being located at the center of it all in Bogota. This is a five month program for someone who would like to be a patrol officer and a two year program for the person who wants to become an officer. The police are known to be corrupt and have had ties to many of the kidnappings which ammount in the hundreds every year. This is due to greed in financial gain. It ranks towards the bottom if one were to make a world scale.

Crime Rates and Public Opinion
It is no doubt that crime is in fact on the rise in Colombia. Mostly it can be accredited to the fact that the country is evolving and these times of economic recession seem to bring out the best in people. There is also a lot of political unrest that causes much violence with small gorilla groups, that in 2000 were responsible for the assassination of 20 mayor as well as 20 mayoral candidates, as well as the kidnapping of two hundred others in connection with the elections during that yea. Colombia does not in fact have a death penalty which gives cause for the high prison population which is 57,068 inmates. These numbers listed above are considered a bit innaccurate due to the fact that the police officers are involved in the crimes themselves, although this is a large problem it seems to be on the downfall. The public is quite aware of the crime situation. It is cor this reason that there is a serious problem with mistrust with the police. The police are actually involved with the crime. They can even control large problems such as kidnapping and drug manufacture.

Rights and Family Law
Colombia has a long line of couples awaiting a divorce. There are more than one million couples currently awaiting a divorce to date. These cases are herd by civil courts and one of the reasons that the cases take such a long time to get herd is because in order for some of the divorce cases are awaiting to be heard in some of the most remote parts of the country. This means than rather than being herd from one of the main central courts the cases are herd by a series of circuit judges that may only come to the area once a month meaning that it may take years for one of these cases to be heard never mind resolved. Citizenship is gained through a number of ways. If a child is born in Colombia by at least one Colombian parent he or she is a citizen. If a child born in Colombia of foreign national parents with at least one of his parents being a legal resident of Colombia he or she is a citizen. A child born abroad with at least one of their parents being a citizen of Colombia the child will later have to establish his or her residency in Colombia. Dual citizenship is in fact recognized in Colombia, meaning that they can be born in the United States and become a citizen in In Colombia. It is also possible for a person to be naturalized into Colombia. This is a little harder than being born in however. The requirements for this include residing in Colombia for at least five years, although if they are a person from another Latin American country they are only required to live there for a year or two depending on the country.

Adoption is a long process also in order to adopt a child in colombia the couple must be married. There is also certain rules for adopting different age groups of children. For instance the couples must fall between the ages on 25 and 34 in order to adopt a child four years old and younger. also the parents are only allowed one divorce a piece.

Human Rights and Social Inequality
Due to the internal conflicts in Colombia some basic human rights have been ignored by the groups involved. There is not a large database of numbers and figures do to the fact that a lot of the violations are from the end of those who participate in guerrilla warfare. There are countless cases on citizens lives being ignored and peoples basic human rights violated. one of the problems that they have is with unlawful killings. It is in fact a huge problem that has to be dealt with. There are even reports of massacres by the police as well as the rebels. In fact it is reported that there were a total of 298 killings in the first six months of this year alone. There were 131 killings in only 26 massacres (meaning 4 killings or more in one incident) alone. This number may seem large but it is in fact a fourteen percent decrease over last year at this time. Another huge problem is kidnappings and there were believed to be over 800 of them last year. That is a fifty percent decrease compared to the 2004 year. The big reason for this kind of crime is for extortion. This is the kind of thing that raises money for the different groups.

title: Comparative law and justice/Colombia