Proyecto para la Implementación del Juicio por jurados en la Ciudad Autónoma de Buenos Aires Project Implementation Trial by jury in the Autonomous City of Buenos Aires
System:
The system to be implemented in the city of Buenos Aires, taking into account their population, and current legislation should be Anglo-Saxon system. Because
just was in the city of Buenos Aires where more was done to implement a system that trial by jury, to cite one case of Mr Blumberg. The level of education is considerably high in order to quickly understand the system and school conditions are conducive to teach from primary. From the legal
premium understand the Constitution and ordered that within these parameters, we believe that plainly commands the system and not another.
As the system chosen is the Anglo Saxon believe that to the grand jury should be composed of 24 young people and jurors should be twelve members because it provides community representation without excluding minority and the unanimous vote of all its members because it eliminates superficial deliberation and regardless of the dissenting opinions in smaller groups.
to be sworn, requires:
Grand Jury:
The grand jury composed of 24 people will have less requirements to integrate and only need to determine the merits of the case and collect evidence.
also believe that should include, in addition to the prosecutor, the defendant's participation in the person of his counsel.
To become a member of the Grand Jury is required:
complete secondary education, as presumably would have a clear picture of what the jury trial because the material has been approved for this school year.
Over 18 years, taking into account that this is the current age to cast a vote and be an authority board, these being public charges, we believe it is old enough to assume the role of the jury. We also consider that there should be a maximum age limit would be sufficient simply to leave the choice for those over 70 years of age. Physical fitness and mental
enough to play the role, this should be done with a session or psychological test prior to appointment. Being
Argentine citizen, born in Buenos Aires City resident in the city of at least two years, or not born in the city of Buenos Aires a residence more than fifteen years in the city, taken from the date shown in the registration of persons, in the DNI. It might seem excessive time required, but we consider it the city on the one hand a high traffic People who come from other places and also is required by its dimensions and complexities moderately long enough to know.
Incompatibilities: Not able to fulfill duties as jurors:
All who participate or hold office in the legislative, executive or judicial branches, both at the national as at the provincial and municipal levels, is by election or appointment authority competent or transient or permanent.
fall within the prohibition of this subsection the centralized administration officials, a decentralized, the autonomous agencies, state enterprises and corporations, partnerships mixed economy, Pension Fund, Pensions and Retirement, Health Care Institutions, lotteries, provincial and city, provincial banks and the entities or companies in which the National, Provincial or City or its decentralized entities have a stake total or majority of capital or the power of decision.
the executives of political parties recognized by the National Electoral Court, the Provinces or city or federal court with electoral competition.
Lawyers, Notaries and Attorneys registered in the City.
Psychiatrists, psychologists and educational psychologists.
The members of the Federal Police and City
The members of the Guardia Urbana
Prefecture The members of judging if the act was committed within its jurisdiction the port.
Members of the Audit Courts of the Provinces and National City. Ombudsman
national, provincial or city of Buenos Aires.
officials, representatives, and registered members of NGOs and human rights organizations.
All previously mentioned for a period of five years after leaving their function.
Pregnant women who are in their fifth month of pregnancy at the time of starting the trial and the parents of these people to be born.
People requiring medical care for diseases
chronic
They are barred from serving as jurors:
Defendants who are under criminal prosecution pending.
Convicted of a felony in the last twenty (20) year anniversary, which is calculated from the sentence is fulfilled.
contests that have not been rehabilitated.
The selection of this jury will be by lot of the electorate. This giveaway will make those responsible for electoral justice of the autonomous city of Buenos Aires choosing a jury for every thousand registered voters.
From these lists should be kept the ratio by geographical distribution for which they take into account the home, according to the Center for Management and Participation in the living CGP.
The constitution of the jury must keep a balanced ratio in relation to sex but not necessarily must be exactly half.
For the process chosen for a new giveaway, this time from the resulting list-48 people of whom will be selected by the parties by mutual agreement 24 as holders and the remaining 24, 12 as alternate members and the remaining 12 as alternates holders .
The grand jury will be tasked with evaluating the existing evidence, new evidence and may offer reduced sentences for immunity to key witnesses. Also determine whether it is appropriate elevation view of the case.
to prosecute must vote yes at least 18.
To become a member of the petit jury composed of twelve people in addition to the above requirements:
must respond in written, oral or both to all questions in the presence of defense counsel, prosecutor and injured party or his counsel want to achieve.
Obtained data may exclude without cause by the prosecution in a deal with the injured, one by the defense in the case of multiple defendants or the victims will remain one for each other and shall agree.
With no term limits grounds for exclusion.
understand that this is the best system since pre determine reasons, bearing in mind that these can change at any time and it would be almost impossible to legislate in this way all the stakeholders who better to set the rules and decide who the indicated for this selection result.
Jurors must be selected in batches of 24 individually and were asked by the method previously marked on the day should be freed those who were excluded and referred for trial the other. In the case that more candidates will be called a second round and to complete the 12 jurors who will be the first to be accepted and eight alternates who will participate in the trial listening to everything if you need to replace some of the headlines.
All 20 sit together during the hearing and will deliberate upon only those who meet holders. As a vacancy shall assume the alternate location 1 in the jury retiring for the replacement. Alternates shall be finally released at the termination of the jury deliberation holder.
finished his questioning for jury selection and selected to be returned to every summoned their written responses that could be drawn for the kill them.
to the squad that were excluded were also hand over these questionnaires. Will
prohibited under penalty of imprisonment of 5 years effective copy for any medium that is made of such questionnaires or disclosure of the notes could take the parts on that selection.
crimes that should be tried by jury, it is our view that should be those with a sentence of more than 10 years in prison and in all cases where the accused so requests.
Little jury to decide whether the accused is guilty or not guilty by whether or not the crime or crimes he is accused or charged. Many guilty or not guilty for each crime charged must answer. The judge imposed the quantum of sentence
deliberate alone and in secret to reach a verdict have to agree at least 9. If the vote is unanimous jury president be selected for the sole purpose of reading the decision to add the result "unanimously" as appropriate "guilt or innocence" if dissidents say "guilty or innocent, as appropriate, in a split decision" who will ask the presiding judge.
Under no circumstances should the names be kept, the list of all witnesses or alternates of the small or grand jury.
can not under any point of view, in our view, be interpreted to violate procedural safeguards in the first place because above any rules that the Constitution National institution explicitly instructs jury trials. In any case, these implied warranties are those that violate the due process outlined in the Constitution. Regarding timely
case of Judge Prior to the Cause of the process understand that just as today, what you have in mind is the forum or the type of court (Civil, Criminal, Tax, Commercial, etc.). and not the person the judge (Zafaroni, Belluscio, etc.) in the same way it should be understood by the jury. Not taking into account individuals that comprise it temporarily but the institution itself.
And for those who say it is not viable for trial by jury because: "People do not deliberately but through their representatives "understand that not only wrong but are incorrectly interpreting the article, since jurors are representatives of the people to the concrete fact to judge the innocence or guilt, in the case of the petit jury, and on the merits or not in the case of the Grand jury. Or put another way, these, jurors, are the legitimate representatives of the people to deliberate on this issue accurate and timely. They are the judicial branch as the President to the Executive and Legislative Representatives and Senators. And for those who say there is no direct election and that is why I say that also a misinterpretation because the Senators, and President of the Republic were not always elected by direct vote. The case of the Senators in a way that still continues and two are elected by the largest minority party and one for the second stop being exactly the representatives of the province to be such a political party.
But the judges still, today, they are not elected by universal suffrage and secret ballot required. Then I ask myself and wonder: Why so much obstinacy and buts to trial by jury?
Conclusion:
While it is true that even today the legislature, except in the case of Córdoba, have not legislated, but the project-on the subject, it is necessary to satisfy the constitutional will who so requests. And we think that calls the Anglo-Saxon system.
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