THE ADVERSARIAL AND INQUISITORIAL SYSTEMS
Solution of the court
- Pierre Falcone and Arcadi Gaydamak coped 6 years of prison term without remission
- Marchiani, Pasqua and Mitterrand received a 3 years suspended sentence
INTRODUCTION
Procedure
III. FAMOUS CASES
"ANGOLAGATE" CASE
The Facts :
European law ≠ Common Law
- 2008 : 42 individuals appeared before the criminal court of Paris
- Trial publicized and generated tensions with Angola
Inquisitorial system ≠ Adversarial system
June 12, 1994
II. APPLICATION OF THE SYSTEMS
- Eleventh House of the Criminal Court of Paris
- Nicole Brown Simpson and her boyfriend Ronald Goldman were fatally stabbed
- "O. J." Simpson her « ex husband » has been accused ran away
Investigations
A list of person an societies payed by Brenco showed up the name of famous personalities :
THE SIMPSON MURDER CASE : « "The people of the state of California v. Orenthal James Simpson "»
I. Presentation of the theories
II. Application of two different systems
III. Famous cases
The facts
Jean Christophe Mitterrand
These systems are pure theory none of them exist in their application
1999-2000
First Step : The Penal Trial
French system : an inquisitorial and adversarial system contradiction getting more important thanks to the European Convention of Human Rights
In total 42 individuals will be accused of involvement
Art 6 :
each people has the right to an equitable process, the right to be defended, and the principle of contradictory
R. Kardashian and Benjamin Brafman
- Decision in October, 1995 of the L.A. Superior Court : Not Guilty
$ 790 million
Particularities of the French system
I. PRESENTATION OF THE THEORIES
2 different aspects :
- inquisitorial system during the investigation
- adversarial aspect during the judgment
"Beyond a reasonable doubt"
Toward an adversarial system...
Judge who leads the debates : not a simple neutral adjudicator
+ Presence of the lawyer
+ Possibility to appeal the decision of the investigating judge
+ Oral debate
Adversarial phase which keeps some inquisitorial elements
http://edition.cnn.com/2015/01/13/us/oj-simpson-trial/
Second Step : The Civil Trial
ADVERSARIAL SYSTEM
FOR
AGAINST
- Guilty of the murder of N. Brown and R. Goldman
- Paid $33,5 Million
HISTORIC AND PHILOSOPHIC TRADITIONS
PROS AND CONS OF EACH SYSTEM
- Equal opportunity to present opinions
- Best impartiality
- Maintain public confidence
- Avoid to make a difference between an unknown person and famous person
- First aim of the DA is to defend his client : not to tell the truth
- Expensiveness
- Harms of the oral procedure
- 10% of the claims get to the trial
"Preponderance of evidence"
https://www.spi0n.com/enfant-10-ans-critique-justice-americaine/
DSK CASE
OR
"CASE OF NEW YORK SOFITEL"
Decision
Déc 2012 :
INQUISITORIAL SYSTEM
Transaction between the parties
AGAINST
FOR
$1.5 Million
French system
American system
- Not really contradictory
- Neither respectable of the fundamental rights
- Inequalities
- Control lies in the hands of the judge
- Reduces the disturbance of the attorneys
- Establish the truth
- Written so reasoned decision
- Private and written aspect : possibility to take a rational decision
The procedure
The Facts
- From the Greek Antiquity up to the Middle Age
- problems generated + influence of the ecclesiastic courts
Adversarial system applied : DSK had to prove his innocence
- Established during the Middle Age in the United Kingdom : "armed duel"
- System developed with transition of urbanization of the society
- 1818 : Judiciary fights abolished and the USA kept this model
- Evolution of the adversarial system with the mentalities and the behaviors
- Ricker Island Prison
- Under House Arrest
Dominique Strauss-Kahn, french politician and economist
- XIIIrd century : replaced by an inquisitorial system
- Numerous TV Shows about DSK
- Assumption of innocence
- Legal costs paid by DSK
accused of attempted rape and sexual assault by Nafissatou Diallo
on the 14th May 2011
- Registered in the royal decrees of the monarchy
- Evolution of the conditions
The adversarial system
- The prosecution proves defendant guilty before neutral judge or jury
- "Battle between lawyers"
- The judge is here to arbitrate
The inquisitorial system
- Judge actively involved in proof taking by investigating the facts of the case
- Accentuates between the penal law and the civil law
- The "examining magistrate"
PRODUCE EVIDENCE
Judge :
exculpatory evidence and burden of proof
Defendant : exculpatory evidence
Prosecutor : burden of proof
PROCEDURAL SYSTEM
Adversarial system
PENALTY ACCUMULATION
COMPARISON
1. A complain is submitted
2. The police transfers the complain to the district attorney
3. Preliminary hearing : arraignment
4. Judge's decision after read the case:
INQUISITORIAL SYSTEM
ADVERSARIAL SYSTEM
Inquisitorial system
Neutral conception of the judge
Adversarial system
Inquisitorial system
System of releasing on bail
1. Police's role more important : questioning organized
2. Creation of a case
3. Transfer of the case to the D.A.
4. Offender put in temporary detention or under judiciary control
5. Beginning of the process
6. Popular jury decides
Temporary detention
"plea bargain" : results in a plea agreement between the prosecutor and defendant
Offender judged by
the Grand Jury :
indictment or dismissed charges
Accumulation of sentences
Principle of the "assimilation of penalties"
Avoids a trial.
- Public : ensure the loyalty
5. Process in a federal supreme court
6. Evidence given by the parties to the judging panel
7. Sentence of the court