VShan05…you asked some good questions. Also, you seem interested in discussing things in an intelligent, mature manner (something perhaps I haven’t been doing) which I feel merits a thoughtful reply. This will be long, but I’ll try to answer your questions and give you the response I feel your post merits.
I agree. I doubt there is anyplace in the world where the poor and rich have equal justice. (The price of competent legal counsel makes that a practical impossibility in the US.) What I posted was: “Which, perhaps, is their way of seeing there is equal justice for the rich and poor. Also, that justice is swift and sure.” That perhaps didn’t express my thoughts as well as it should have. Many legal systems have idealistic goals, such as equal justice and swift justice, which are not necessarily achieved. I was referring to a simple system in which lawyers are not involved to the extent they are in the US as being an idealistic way of seeing that all have swift, equal justice. In the US (witness the OJ trial) the outcome is highly dependent on the attorney. That is also true in Mexico, but not to the extent it is in the US. In the US lawsuits drag on for years, they are swifter in Mexico as Mexico has a simpler system. (The lack of punitive damages, pain and suffering awards, etc. reduces litigation and most suits are settled outside of court.) In the US the police can hold you 72 hours in jail before you are arraigned before a judge. In Mexico the cops have to take you before a judge (they are on duty 24 hours a day in TJ) before they can put you in jail. If swiftness is a component of justice then the US system could honestly benefit by adopting a few Mexican practices.
You are hopefully right. Your idea, however, is based on the concept that the natural order of things is for people to willingly obey the law. Maybe you're right, but maybe you're wrong in that premise.
Now let me give you a more pragmatic response. First, it would take money—which Mexico lacks—for the informational campaign you postulate. (Remember, there are people living in many parts of Mexico, including Tijuana, that lack running water.) It is a luxury they can’t afford. Second, they probably feel it wouldn’t do any good. They are more of the mindset that if people can get away with breaking the law they will. Hence they’d probably be skeptical of your assertion that if they tell you not do something that you’ll comply. If you think about it, that is a pessimistic, but not unreasonable, view of human nature.
It is clearly his safest and easiest tactic. However, a person can also inform himself about laws and customs of other countries reducing his risk of encountering problems abroad. He can (collectively) have has nation pressure another nation to change it’s laws and practices.
No it doesn’t. However Mexican corruption reminds me somewhat of pre 1960s northern racial segregation practices in the US. It was tolerated without being legally sanctioned. Things are changing in Mexico. Perhaps the US civil rights movement is a good example. There are people who want Mexico to change (Vicente Fox, Mexico’s president, is one of them) while there are others who cling to the old ways. This is very true in law enforcement. Many of the leaders are trying hard to stamp out corruption, but others are content to let things remain as they’ve always been.
You assessment of what I was trying to say is correct: those who enter a foreign county are under the obligation of learning and complying with its laws and customs. How does one learn about Mexican law and culture? You’re right, about it taking effort. You do what you’re doing now: you seek out information. Also, you realize that sometimes you learn the hard way. (A lot of what I’ve learned has come through the school of “hard knocks.”) Sometimes one needs a philosophical viewpoint. It is sort of like falling off a bike. One realizes that the learning process involves some misadventures (like falls and skinned knees when learning to ride a bike) so one tries to realize that getting clipped by the cops (for example) isn’t a life-long tragedy nor will it ruin one financially. One simply gets “back on his bike” following a misadventure.
If it makes you feel better, I still have problems in Mexico. (Like the night a cop who is a good buddy of my (then) girlfriend’s ex-husband saw us together.) I’ve tried to adopt a philosophic attitude as I described above. It helps me—sometimes.
I’ve also put in my time and paid some dues to gain whatever I know about Mexico. (I wish I knew half of what you kindly ascribe to me.) Anyway, here is my story.
I’m Anglo and grew up with a desire to travel. My extended family has an interest in travel, history, anthropology, law, etc. (I’m related to a shrink and attorney.) In my college years I spent a year in South America studying all sorts of things that have no marketable value. That, of course, helped me learn Spanish better than most tourists. I live in So-Cal and go to Mexico frequently. I was in a relationship with a girl in TJ that lasted a couple of years. (She moved out, but I still have the apartment we used to share.) Her father was at one time a minor official in the PRI (Mexico’s largest and most corrupt political party.) Over time I’ve made friends with a number of locals. Reading the Sunday newspaper, interacting with locals (I now have a couple of acquaintances in TJ who are attorneys) and spending my weekends in Mexico has over the years—I hope—helped me learn something.
When I’m not dating local girls, I monger actively in Tijuana. I’m a moderator on TJ Amigos (the largest Tijuana mongering board) and spend time on some other Mexico related boards. Reading posts on TJ Amigos has helped me tremendously in keeping my finger on the pulse of what is happening in TJ. It has a lot of guys who know TJ well and are willing to share what they know. I’ve also come to know some “Yankees in exile” (many are married to Mexican girls) who, together with my Mexican friends, have been very helpful. They know far more about Tijuana than I do and share their knowledge. (I tried to return the favor by posting the “Newbie Guide to Tijuana” that is found in the TJ Amigos FAQ forum at www dot tjamigos dot com. I am not, however, saying it fulfills your request for an “authoritative source” on such matter.)
After spending years visiting Mexico I still occasionally have problems. Perhaps I’ve learned to take them in stride—although when you hear me “talking” about a “frustrating situation” you’d never believe I’m the guy who posts about the importance of having a cultural perceptive.
I honestly hope you come to enjoy Tijuana. If you don’t do drugs; treat the locals (including cops) with respect; don’t get drunk, fight, urinate in public, etc. my experience is you seldom have problems. When you do they can be solved with greenbacks.
Essay on Cultures and Corruption:
Different cultures have different values and ways of doing things. Should a legal system be based on deterring crime through education (the concept expressed above about simply informing tourists not to carry knives) or is that a futile goal? US culture believes in the inherent goodness of man and so it often tries to prevent crime through education. (Witness the “Just say No to Drugs” campaign.) The US system also has a goal of rehabilitation. Other countries have different viewpoints. Some, for example, believe that justice is based on an “eye for an eye” and view the way we treat criminals as an injustice. They also are pessimistic about human nature. Some believe “education” a waste of time and believe that only swift, harsh punishment keeps crime in check.
As societies become richer they have they can afford complex legal and governmental systems. Take the idea of conscription for military service—which the US is now rich enough to have abandoned. During the Viet Nam war years, the US had draft boards and a complex system for deciding who was drafted and who wasn’t. In some Latin American counties the draft is based upon the old press gang. They hit the bars, discos and other places men congregate and round them up. For the next x number of years those unluckily enough to have been caught are in the army.
Today we would look with horror on such a system, although press gangs are a part of our historical herieforum.xxxe. Yet, when all is said and done, has a man lost more liberty because his conscription resulted from a press gang than a lottery? The point I’m trying to make is that methodology does not necessary determine “justice.”
Notice also that the US has a long history of harshness in the actions of law enforcement. Try speeding in a small town. I remember once getting a ticket for going 27mph in a 25 mph zone. There are/were small towns where the cop would take you before a justice of the peace who would fine you. You didn’t get an attorney and couldn’t leave (you were kept in jail if necessary) until you paid your fine. While it wasn’t popular, it was legal and culturally acceptable. We only complained if the cop framed somebody, eg. arrested somebody for doing 30 mph when he was really doing 25 mph. (The concept of “dirt graft” in Mexico today.)
In many things Mexico is “behind” the US. This includes being able to afford a complex legal system and pay cops a living wage.
We are used to a system in which separates administrative (law enforcement) activities from judical activity. The cop arrests us, we then—at a later date—go before a judge. Often we include the additional expense of having attorneys speak for the cop and defendant. (Who in reality are able to speak for themselves and actually more familiar with the situation.) If guilty, we then pay a fine. The fine pays the salary of the cop, judge, etc. If there is a shortfall the taxpayers cover the deficiency. Since that is our system we are comfortable with it.
Now let’s examine a few goals of our system:
--To catch those who break the law
--To punish lawbreakers. (Although in the US many go free on technicalities.)
--To base fines on the ability to pay.
In it’s own weird way, the Mexican system (used “as designed”) also accomplishes these goals. As long as the cops don’t frame somebody, only the guilty are “punished.” The “fine” is based on the criminal’s ability to pay. Of course, their de facto system is simpler, more informal, and requires less taxpayer expense, that the US system. The cop in effect is also the judge and the fine is paid in the form of a bribe. However, if you step back and look at the forest instead of the trees it accomplished the goal of catching, penalizing, and (possibility) deterring criminals.
If you can step outside your culture, then you should be able to see that the Mexican system ultimately has similar goals to the US system. Their system, of course, use different methods—methods (like bribery) that our culture views as being corrupt. However, if you understand what I’m trying to say then will see their system as a different route to the same destination.
If you can understand the points I’m trying to make then you will also understand why in Mexico there is tolerance, not onus, for “clean graft.” How their system is a simpler, less expensive attempt to catch, punish, and deter criminals—albeit a corrupt one. Sadly, either I haven’t been able to explain this cultural viewpoint to others on this board or they are unable/unwilling to step back, and look at the forest (not the trees) through the eyes of another culture. Most people on this board totally miss the point I’m trying to make.
I’m not saying the Mexican system is superior to the US system. Nor am I saying it isn’t corrupt. I will say that I’ve spent enough time in Mexico to understand the cultural difference between “clean graft” and “dirty graft.” Also I’m “culturally broad minded” enough to believe having somebody who breaks the law pay a cop a bribe (instead of a judge a fine) isn’t an earthshaking injustice and how to some degree it deters crime. After all, the guilty party was punished while others are unlikely to engage in unlawful activity whether their conducts results in paying a fine or a bribe. I realize, of course, others have different opinions—or don’t understand the point I’m trying to make.