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YAAAAY

Understanding of both systems !!!!!

Pros and Cons of Both Systems

Adversary

Inquisitorial

Cons

Pros

Cons

Pros

  • The process is shorter
  • There are more resources available to discover the truth
  • The Judge is not impartial
  • You have fewer rights as a defendant
  • The defense counsel plays a more passive role
  • Finding evidence rests on the resource of the 2 parties which may be unequal
  • Parties only provide evidence favorable to their argument
  • The process is long
  • The judge reserves comment until all evidence from parties revealed
  • Makes the judge appear more neutral since judgement must be reserved until all evidence is heard
  • The rights of the accused are the main focus

What Makes them Similar?

  • Police have right to arrest and detain accused
  • Offer option of bail to accused
  • Prosecution aid in obtaining evidence against accused
  • Defense can get client acquitted of all charges
  • Judges decides what is true from both parties
  • Jury made up of random citizens

Adversary vs. Inquisitorial System

:A method of legal practice in which the judge endeavors to discover facts while simultaneously representing the interests of the state in a trial.

Inquisitorial System

Role of the prosecutor

Powers of the Police

  • authority to make an appeal if convinced that trial court has made a mistake in judgement
  • Police have right to drag a suspect in and interrogate them using any method they want
  • permitted to detain accused for up to 48 hours without arrest

Power of the Judge

Roles of the Jury

  • Judge hears pretrial for a possible case.
  • only goes by what is said in trial
  • Often more than one Judge
  • controls investigation for evidence
  • only used in serious cases
  • Investigates all aspects of case, whether favorable or unfavorable to the prosecution or defense
  • Decides if there is enough evidence to go to trial

Rights of Accused

Role of Defense Counsel

  • Represented by counsel.
  • suggest path of questioning for judge
  • asks few questions
  • Can be detained without arrest
  • No right to lawyer and no right to remain silent
  • Guilty until proven innocent
  • can be determined guilty, not guilty, or guilty by reasonable doubt
  • If speaks, is not put under Oath

The Trial

  • prosecution and defense cannot cross-examine
  • witnesses do not answer questions, instead tell their story

Based on Civil/ Roman Law

By: Carinne Werthaim & Lauren Homer

Adversary System

:A system of law that relies on the trial, between each advocate representing his or her party's positions and involves an impartial person or group of people (usually a jury or judge) trying to determine the truth of the case.

Role of the Defense Counsel

Powers of the Police

Role of Jury

  • Jury are used in many cases to make decisions

  • Gathers evidence and produces arguments in order to defend their client and attack the credibility and worthiness of the evidence put forth by judge
  • Police run the investigation while following a multitude of conditions
  • i.e. obtaining a search warrant
  • Police cannot detain you without arresting you

Role of Judge

Rights of the Accused

Verdict

  • Guilty or Not Guilty

  • The accused person has the right to remain silent, the right to a lawyer, and also the accused is innocent until proven guilty

  • Passive role and stays neutral until judgement
  • Ensure that the trial proceeds according to the procedural rules of trials

Role of the Witnesses

Rights of the Prosecutor

  • Witnesses have to respond to questions when asked
  • Not permitted to tell a story
  • Both the prosecutor and the defense, present their interpretation and understanding of the facts in the case
  • Prosecutor acts as an adviser to the government concerning all criminal matters

Used in United States of America

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