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Unlike Inquisitorial Trial Systems Adversarial Trial Systems
Unlike Inquisitorial Trial Systems Adversarial Trial Systems. The judge is responsible for gathering evidence and directs the parties in presenting arguments and witnesses. And redmayne, m., (2005) the criminal process, 3 rd ed., oxford:
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• this makes the judge appear less biased in the case lessening the chance for public protest of verdict. This control is predominantly with the judge. Parties have full control over their case including whether to bring proceedings, preparation for a trial including gathering of evidence, investigating relevant law, mode of trial (whether heard by judge/jury/magistrate) and the evidence led in the trial.
Italy was used as an example because it has been using the inquisitorial system of justice until 1988 when it changed to the adversarial system. The emphasis in the adversary system is on party control, with the parties determining whether the case will go to court, which court, the mode of trial, and the evidence to be presented at trial. An alternative to the adversary trial operates in civil law countries.
(Sworden, 2006) Unlike The Adversarial System, Where The Judge Is Neutral, The Judge In The Inquisitorial System Is The Main Player, Who Is Expected To Conduct The Investigation Alongside The Prosecutor And The Police And Give His Verdict Based On All The Evidence That Has Been Collected And Subsequently Presented To Him In A Dossier At A Private.
An inquisitorial system can therefore be defined as a legal system in which the court or a part of the court is proactively involved in determining the facts of the case. The parties in the inquisitorial system have less control over their case. The inquisitorial system of trial is a trial conducted as an inquiry.
Burden And Standard Of Proof 4.
The trial is conceived as a contradictory, public and largely oral confrontation between the prosecution and the defence. They are only invited to make a contribution by the trial judge. The features of the inquisitorial trial can be compared to the features of the adversary trial.
C) Fully Disclose The Defense's Case Prior To Trial.
The adversarial process is only prepared to discover the truth within evidential and procedural boundaries. This control is predominantly with the judge. If each party is on an equal footing with its opponent, each party must also prove the facts in support of its case.
This Differs From The Adversarial System Where, As Stated, The Function Of The Court Is Solely To Act As An Impartial Arbiter And Referee Between Parties Concerned.
One's opponent in a contest, conflict, or dispute. • the judge cannot comment until both sides are heard. The ‘battle’ concentrates on the facts and the opinions presented by the ‘parties’, unlike the judicial enquiry of the inquisitorial system where the accused and the prosecution don’t bear any ‘burden of proof’ as such.
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