Inquisitorial Criminal Justice System
INQUISITORIAL AND ADVERSARIAL JUSTICE DELIVERY SYSTEM There are two major systems in the world. There are adversarial systems which have borrowed from the inquisitorial system and vice versa. This takes us to the examination of the distinguishing
2.1. THE ADVERSARIAL JUSTICE DELIVERY SYSTEM
The adversarial has been the traditional, cardinal basis for the conduct of both the criminal and civil procedure in England since about the middle of the thirteenth century and that this claim is well settled and deeply rooted. However, more recent evidence has shown that there was at a time when there was not much of a division between Continental Law and the English Common law into the rivalry of adversarial and inquisitorial; but that they in actual
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They investigate and draw the documents on the basis of their investigation. The Judicial police officer has to notify in writing of every offence which he has taken notice of and submit the dossier prepared after investigation, to the concerned prosecutor. If the prosecutor finds that no case is made out, he can close the case. If, however he feels that further investigation is called for, he can instruct the judicial police to undertake further investigation. The judicial police are required to gather evidence for and against the accused in a neutral and objective manner as it is their duty to assist the investigation and the prosecution in discovering truth. Exclusionary rules of evidence hardly exist. Hearsay rules are unknown in this System. If the prosecutor feels that the case involves serious offences or offences of complex nature or politically sensitive matters, he can move the judge of instructions to take over the responsibility of supervising the investigation of such …show more content…
The Judge in an adversarial system looks at the evidence to determine whether it has been gathered in accordance with the law, and a Judge decides that proper criminal procedure has not been followed and that evidence has been obtained illegally, through deception, then they have the power to exclude it from the trial proceedings. In the Inquisitorial system, the accused has the right to silence; however, rarely are they allowed to exercise this right, as the main aim of the inquisitorial system is to find the truth through intensive investigation from all components of the criminal justice system including the accused. Therefore, the accused is expected to cooperate fully with the investigation in order for the truth to be uncovered. The Inquisitorial trial system the priority is centred on ‘outcomes ', where the emphasis in the adversarial trial system is on the actual ‘process
The Case Of Aaron Hernandez: Inquisitorial Vs. Adversarial System
1151 Words | 5 PagesSocieties that use the adversarial system as their legal structure, define their relationship with the state as “the rule of law”. Rule of law is defined by the United Nations as a “principle of governance in which all persons, institutions and entities, public and private, including the state itself are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, which are consistent with international human rights principles”. The adversarial system defines the public interest in criminal justice as an interest of crime control and security, where authorities such as prosecutors are trusted as long as they are democratically elected to power. Also comparative criminal justice consists of a “detailed understanding of not [the] just criminal justice processes but also the actors involved in it and the society that forms the backdrop to these processes”. Unlike in the inquisitorial system, the adversarial system was tailored in such a way to ensure that the state will not have too much power making decision in a criminal case, because it could lead to lack of trust in the system.
Aaron Hernandez And The Inquisitorial System
1046 Words | 5 PagesIf Aaron Hernandez’s case was tried in the inquisitorial system, the process of acquiring information for the dossier, which is the backbone for the case, would have “everything to do with the investigation [and it is] recorded there and it is the basis for any committal, trial, appeal”. This would avoid circumstantial evidence, which is not always accurate. Also this would have allowed for a fair and just trial to occur. However, the case was under tried under the adversarial system, where it was seen that the case was less organized from the beginning. This was due to the fact the prosecutors used text messages to infer what happened after Odin Lloyd was picked up.
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564 Words | 3 PagesWhen a person has been charged with a crime, it's after the police have conducted an investigation. There are many times when the investigation has caused the police to arrest the wrong individual. The accused has the right to have their own investigation conducted by professional detectives working for the defense. Defense attorneys can have their own in-house criminal defense investigator to find facts and evidence that will proclaim their clients' innocence. (-- removed HTML --) Associate Degree Criminal Justice (-- removed HTML --)
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458 Words | 2 PagesThis system permits parties to present their cases, and the judge or jury reaches a verdict based on the evidence and arguments provided. Nevertheless, the adversarial system guarantees that both sides of the case are heard, and the decision-making process is transparent and impartial, as it exposes the weaknesses and strengths of each side’s arguments. One significant difference between the two court systems is the method of selecting judges. In the federal system, judges are appointed by the President and confirmed by the Senate, while in Texas, judges are elected by popular vote. This selection process can result in different types of judges, with federal judges typically being selected based on their legal expertise and experience, whereas Texas judges may be more influenced by political factors and public opinion.
Criminal Justice System: Chapter Summary And Analysis
810 Words | 4 PagesIntroduction and Summary: Chapter 11 focuses on the individuals with mental illness and the criminal justice system. Every year there are hundreds of thousands of individuals with mental illness who are arrested. The past decade a lot of the state hospital and mental health facilities have been shut down for lack of funding. Many of the seriously mentally ill are roaming the streets. The serious mental illness regarding this chapter would include schizophrenia, bipolar disorder, and severe depression.
Sixth Amendment In The United States Constitution
1932 Words | 8 PagesIt is a very important responsibility that everyone should take seriously because the fate of another person is on his or her shoulders. Juries are there to decide “guilty” or “not guilty” based on the facts and evidence presented. This paper will
What Is The Role Of Sentence Disparity In Criminal Justice
1014 Words | 5 PagesThe United States justice system is a complicated system. The justice system is the third branch of the government. This branch holds the responsibility to create and up hold laws. The justice system has a precise order of how things fall into place when a crime has been committed. The process to arrest an individual to the sentencing of that individual takes a bountiful amount of steps and procedures.
Federal Court Process
941 Words | 4 PagesAdversary system is the government and the defendant, the government must prove the charge beyond a reasonable doubt before the defendant can be convicted. The defense must present evidence before a jury and the jury decides on the case if either the defendant is guity or non guilty of the charge, this is known as a verdict. The idea of the court system is to show the truth to emerge either by the defendant or the prosecution. Each side of the trial the defendant and the prosecution have full opportunity to present their ideas and a truth would emerge between the two. In some cases, if it is acceptable with both parties, the judge can decide a case without a
Grand Jury's Role In The Criminal Justice System
511 Words | 3 PagesThe grand jury is an institution that has long played a vital role in criminal justice systems, specifically as it relates to the indictment and prosecution of alleged criminals. The grand jury originated in 1166, with the enactment of the Assize Clarendon, by King Henry II of Britain (McSweeney, 2014). The Assize Clarendon, mandated that a “jury of twelve good and lawful men”, be periodically convened, to investigate and inform the king’s justices; whether they had knowledge of or suspected community members of having committed a crime (Segal, Spivack, & Costilo, 1996). Previous to the enactment of the Assize Clarendon, the Catholic Church and nobility decided criminal cases by means of, “trial by ordeal or trial by battle or trial by compurgation” (Hurnard, 1941). Subsequent to the enactment of the Assize Clarendon, English law adopted an evidentiary model, in which evidence, assessment, and investigation was made by laymen, knights or ordinary freemen, under oath (Hurnard, 1941).
Influential And Persuasive Power In The Criminal Justice System
363 Words | 2 PagesBecause of persuasion power, people are blamed for no reason. Even though criminal justice system should be better than before. Influential, and persuasive power in the criminal justice is developed through blind trust, persuasion, discrimination and by bias because blind trust, persuasion, discrimination, and bias leads to the corrupted criminal justice system. Influential power should decrease in this future
774 S. E. 2d 546
537 Words | 3 Pages1. Outlines principles of law in relation to variances of an indictment in general, in relation to the “manners and means” of committing a crime. • VARIANCE TO INDICTMENT occurs when facts proved at trial are different from those alleged or specified in the indictment. • MANNERS AND MEANS is the way the crime is done and the method of committing the crime. For example, Zizzi’s wife was beaten/ hit which is the manner and the means/method is either the golf club or the ornament from the bathroom.
Due Process Model And Crime Control Model In The Criminal Justice System
909 Words | 4 PagesA comparison between the Due process model and crime control model Within the criminal justice system, there are two competing models: the crime control model and the due process model. These two models were constructed by Robert Packer and each represents a particular school of thought. In managing crime, there is the individual i.e. the suspect and there is the society. The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice.
Three Major Components Of The Criminal Justice System
265 Words | 2 PagesIn the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.
Criminal Justice System Essay
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Trial By Jury Advantages And Disadvantages
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