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Presumed Guilty - Movie Review - 2008

Another Case of Wrongful Conviction

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By , About.com Guide

Even when the law of the land presumes that an accused person is innocent until proven guilty, wrongful convictions have placed innocent people behind bars with shocking frequency.

What is the possibility, then, for an innocent person who's accused of a crime to seek justice in a country where there is the presumption of guilt until innocence is proven?

This Mexican documentary exposes the corruption in that country's criminal justice system by following the the case of Antonio, an upstanding but working poor citizen who is wrongfully accused and convicted of murder, and faces spending 20 years of his life in jail.

Documentary As Evidence and Advocate

Antonio is a twenty-something Mexican guy, a young, law-abiding, working poor laborer who has aspirations -- backed by talent -- to become a hip hop artist. He's picked up by the police, and accused of murder.

Antonio was nowhere near the scene of the crime he's accused of committing, nor does he have anything to do with the victim. Nor is there any evidence of his involvement in the crime, nor any reason to believe he was in any way complicit. Yet, he's prosecuted, convicted of murder and sentenced to 20 years behind bars.

Antonio is the victim of a legal system that clearly considers the accused to be guilty until proven innocent.

Roberto Hernandez and Layda Negrete, two young, energetic and crusading Mexican attorneys, convinced of Antonio's innocence and the need to expose their country's legal system's failings, turn to the making of a documentary film as an attempt to exonerate Antonio.

They play a role in having Antonio's case reopened due to a legal technicality, and follow as Antonio, who now has good legal representation -- a good lawyer who believes in his innocence -- prepares for and goes through a second trial.

However, Antonio's case is again being heard by the same judge who sentenced him, and who is clearly unsympathetic and doesn't want to overturn his own ruling. The judge is obviously prejudiced. His behavior throughout the trial is shocking.

In contrast, Antonio, despite what he's being put through, is reasonable, moderate, docile and still hopeful for his future. The situation is heartbreaking.

The Need For Judicial Reform

Presumed Guilty makes a good argument for judicial reform. The film exposes an unjust justice system in which detectives, public prosecutors and magistrates make it their priority to dispense with cases quickly, disregarding their obligation to investigate thoroughly and accurately. Their common procedure is to move quickly to identify a suspect and, without much investigation, move to convict.

Once a person is accused of a crime, he or she has little chance of not being convicted. The filmmakers present statistics to back up their case: 90% of those accused of a crime are found guilty in Mexico.

Filmmakers Roberto Hernandez, Layda Negrete and Geoffrey Smith effectively contrast Antonio's gentle and sweet persona with the Mexican legal system's harsh realities. Presumed Guilty is a very compelling courtroom documentary that puts the Mexican criminal justice system on trial.

Film Details:

  • Title: Presumed Guilty
  • Directors: Roberto Hernandez, Layda Negrete and Geoffrey Smith
  • Release Date: 2011(POV)
  • Running Time: 87 mins.
  • Parental Advisory: Content advisory for parents
  • Locations: Mexico
  • Language: Spanish, with English subtitles
  • Official Website
  • Trailer

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