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Role of judiciary
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The adversary system is the legal system adopted by Australia, Britain, the United States, and New Zealand. Where two advocates represent their parties ' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.[ ‘Adversarial System’ Wikipedia ] The inquisitorial system is the legal system used in mainly Europe, Africa, Asia, and South America. It is a system of trial where courts are actively involved. Although both legal systems are used in different country’s, they have similar features, advantages, and disadvantages. While the adversary system only has five main features, the inquisitorial has six. In the adversary system, there is an independent and impartial judge, who is impartial to the …show more content…
The first advantages is plays an active part in trial so that the truth can be found. Secondly, there are no strict rules of evidence or procedure which means that all relevant evidence is admissible. Judges assist the police and prosecutor in collecting the evidence, which leads to a more efficient use of time in the trial. Victims of crime also have better access to the legal system. The last advantage of the inquisitorial system is that there are no juries. Although there are advantages, there are also disadvantages. The judge is not impartial, as their close association with the police and prosecutor must place their objectivity into doubt. As all evidence is admissible, it places the rights of the state, above the rights of the individual. The role of parties is limited, including their right to rebut. However the judge is free to investigate the accused person’s background aswell as the witnesses. This infringes on certain civil rights. The accused does not have the right to remain silent and must be interrogated like all other witnesses, and the accused is not permitted to be tried by their
The law is seen in two ways; as being fair, neutral and having an unbiased arbitrator,
The jury system originated in England and has so far failed in cases (all too common) when defendants are wrongfully prosecuted or convicted of crimes which they did not commit. In societies without a jury system, panels of judges act as decision makers.
One of the benefits of due process is demonstrated in the Belshaw case. The inquisitorial system of justice is based on crime control; the Swiss police had a hard time in Canada with Mr. Belshaw, because of his right to due process, under Canadian law. Both systems of justice share common beliefs, for example, they both look for proof beyond a reasonable doubt. In Canada we fight about facts and laws, where-as the inquisitorial system searches for the facts. The adversarial system has a separation of powers with the police, crown, defense, and the judge. It is quite different for the inquisitorial system of justice, the police do the arrest, then they present the facts to crown, which then decide if they have a case and turn over the evidence to the judge. The only problem is that the judge decides what will lead them to the truth. How any evidence was collected is irrelevant. In due process if the police obtain evidence and violate the law or a persons charter of rights and freedoms the judge will exclude the evidence from the hearing, even if it would help or prove that the person is guilty. These two systems of justice are generated in democratic traditions.
In addition to this, the analysis of law was not considered thoroughly during judicial decisions. Therefore, the court uses backward reasoning where it uses the expected results it wants to deduce to make decisions. Such activities in the justice department have a lot of impediments to the impartiality of judicial system. The rights of the criminal in many instances are affected by the use of such methods to deliver justice. According to Marshall, the legal analysis used to determine the outcome of the courts has reduced since the changes in the judicial system. The rights of the individuals have significantly reduced with the changes in the court system because only the nine judges are privy to the outcome of the court proceedings; they are also not liable to the questions that may be raised about the legality of their
Mary E. Wilkins Freeman was from Randolph, Massachusetts, born on October 31, 1852. As an American writer, she was best known for her stories and writings depicting characters who endured frustrated lives in New England. In 1867, Mary Wilkins relocated with her family to Brattleboro,Vermont. After studying for a year at Mount Holyoke Female Seminary, which now is Mount Holyoke College, Freeman lived at home where she spent most of her time reading, and writing stories for children. In 1883, soon after the death of her parents, she decided to live with friends, returning back to her hometown of Randolph, Massachusetts. Also, during that same year, she published her first adult story in a Boston newspaper. The best of her work was done while
The judicial system we know today has changed in many ways. One of the ways this system changed is how they reach a verdict, In the modern day long investigation have to take place and reliable evidence has to be shown to the court so that there is less chance that the accused could be misjudged unlike the medieval times were it was common that people were misjudged. The medieval period taught us that we have to be sure of which person is guilty and innocent. Unlike believing one Man’s word like the medieval
The adversary system is able to reflect the moral and ethical standards of society through balancing the rights of all parties involved. The adversary system is a system of law where two opposing sides present their case to an impartial
So, in a time of social, political and economic change it makes sense that how we enforce the law and systems of punishment would begin to shift into the public eye. Gunther claims that we have a criminal processing system, rather than a criminal justice system; But what makes a criminal justice system an impartial justice oriented system rather than the harsh, biased and unfair processing mechanism that Gunther saw? For this, we look to Packer’s four assumptions of a justice system.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
A number of differences exist between the criminal and civil court systems. In the criminal court system, the victim reports the crime to law enforcement who may investigate. If adequate evidence is found during investigation and an arrest is made, a prosecutor files charges against the defendant. The criminal court system considers the crime to be committed against the state rather than against the individual victim. In a criminal case, the prosecutor acts as the attorney for all the people of the state or jurisdiction. They control all key decisions of the case, such as whether to charge a defendant and what crime to charge, and whether to offer or accept a plea deal or go to trial. If the defendant
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
" It is not in truth Alternative'/ It is not in Competition with the established judical system. It is an Additional range of mechanisms within the overall aggregated mechanisms for the resolution of disputes. Nothing can be alternative to the Sovereign in the discharge of the responsibility of resolving disputes between state and citizen or between citizen and citizen. WE can however, accommodate mechanisms which operate as additional or subsidiary processes in the discharge of sovereign's responsibility. These enable the court system to devote its precious time and resources to the more solemn task of administering justice in the name of sovereign." (Street, The language of alternative dispute resolution' (1992) 66 Australian Law Journal, 194)
Through out life people go through so many hardships. Whether it be good or bad there is always something that comes out of the situation. One of the most exciting but yet scariest events would be graduation. For a lot of people, graduating from high school is a goal. It takes a lot of time and effort to achieve that goal. In the long run, it opens a lot of opportunities for people to succeed. Graduation is the end of high school, and the beginning to life.