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The Adversarial System vs. The Inquisitorial System
Transcript of The Adversarial System vs. The Inquisitorial System
-The judge plays a very passive role and stays neutral until judgement. They also ensure that the trial proceeds according to the procedural rules of trials.
The Adversarial System vs. The Inquisitorial System
Rights of the Accused
-In this justice system an accused has the right to remain silent, the right to a lawyer and you are also innocent until proven guilty. The rights of the accused is a crucial aspect.
Role of the Prosecutor/Crown
-In this justice system, both the prosecutor and the defense present facts as they interpret them and their understanding of the case. Another role they play is as advisers to the government concerning all criminal matters.
Role of the Defense Counsel
-The defense counsel gathers evidence and produce arguments in order to defend their client and attack the credibility and worthiness of the evidence put forth by the crown.
The two most common justice systems in today's society are the adversarial system and the inquisitorial system. The adversarial system, which is based on English Law, is used by most common law countries while the inquisitorial system, which is based on either Roman Law or the Napoleonic Code, is most often used in European countries. Although, these two systems do share some similarities, they also differ greatly on their road to justice.
Powers of the Police
-Police place a vital role in the path to justice. They run the investigation while adhering to a multitude of conditions such as obtaining a search warrant. Also, police cannot detain you without arresting you.
- Police have the authority to drag in any suspect as well as interrogate them in ways that would not be acceptable in many common law countries. Also, they can act as agents on behalf of the prosecutor or examining magistrate. Furthermore, police are permitted to detain you fort up to 48 hours without arresting you.
-Police do have a right to arrest you detain you.
-In comparison to the adversarial system, an accused in an inquisitorial system has few rights. They are detain without being charged and do not have the right to a lawyer. They also do not have the right to remain silent. In this system, silence indicates a refusal to cooperate and the judge/jury will consider this as a sign of guilt. Furthermore, you are guilty until proven innocent in this court of law.
-Both systems offer the option of bail.
-Protected from self-incrimination
-They have toe authority to make an appeal if he/she is convinced that the trial court has made a mistake in their judgement. They also run the investigation (done by police in our system) and are responsible for assembling the evidence for the trial. Moreover, it is them that make the decision on whether there is ample evidence to take the case to trial.
-They aid in obtaining evidence against the accused
-In this system, the defense counsel plays a much more passive role. They suggest paths of inquiry for the presiding judge and follow the judge's questioning with a few of their own questions ( the questioning is brief since the judge prefers to ask all the relevant ones).
-Both can get their client acquitted.
-The presiding judge (often more than one) is mostly responsible for supervising the assembling of evidence that is necessary to resolve a case. They also actively controls the search for evidence and questions the witnesses including the defendant. The judge plays a central role in finding the truth.
-The main goal is to decide the truth both systems do this by engaging the parties and following certain procedural rules.
The Role of the Jury
-Jury are used in many cases to make decisions
-Jury are only used in the most serious cases.
-Those in the jury are simply random citizens.
-In this justice system you can either be guilty or not guilty.
-In this justice system the verdict can be guilty, not guilty, or not guilty by reasonable doubt.
Pros and cons
.The judge reserves comment
until all evidence from parties
.This makes the judge appear
more neutral since judgement
must be reserved until all evidence
.The rights of the accused are a main
.Finding evidence rests on the resources
of the two parties which may be unequal
.Parties only provide evidence favourable
to their argument
.The process is often long and cumbersome
.The process is often shorter
.There are more resources
available to discover the
.The judge in not impartial
.You have fewer rights as a
.The defense counsel plays a
more passive role.
-Witnesses have to respond to
questions when asked. They are
not permitted to simply tell
-Witnesses are permitted to tell their
story and do not have to respond to
-While both systems purpose is to find the truth they differ greatly in their noble pursuit. However, whether you agree with one or the other, both systems manage to get the job done.
The Adversarial System in Action