YAAAAY
Understanding of both systems !!!!!
Pros and Cons of Both Systems
- 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
- 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
- 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