Adversarial Vs Inquisitorial

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In this assignment I’m going discuss about the key difference between adversarial and inquisitorial system of justice. This assignment will also include how both methods are being used in the legal system and which one is more just then the other. Adversarial and inquisitorial both maintain the right judgment of the defendant as well as making sure they protect the innocent. Nevertheless, there many differences as to the way each system takes the action as both systems are looking to service justice. Through, each method comes with it’s own advantages and disadvantages. Both systems have also been advanced in its own historical setting. Above all the system makes sure that the innocent does not suffer in the name of justice, as the system …show more content…

Nonetheless, inquisitorial is a system used of countries that base their legal system civil law. When using the inquisitorial system the judge’s responsibility includes investigating all aspects of the case and overseeing the evidences collected by the police. The judge hears the witnesses as well as the accused, and then judge questions the witness based on the evidences on the record which he\she has examined. At this point neither the defence nor the prosecution lawyers has the right to cross-examine, nevertheless, they do have the right to present effective abstracts (Tim Newburn. …show more content…

The inquisitorial system allows the judges to interfere with the case whereas the adversarial allows the defence and the prosecution lawyers to find all the information needed for the case and be presented by them in front of the judge. Although both systems use differences ways to service justice the systems still make sure the innocent is given its rights and not put way for something they did not do. This could sometimes not be seen as a way of servicing justice as the accused could walk free if there is not enough evidences to convict them. Furthermore, a common issue that is raised from the inquisitorial system is the fact that the questions asked might be seen bias as the verdict lies with one person ‘s judgment and therefore, might not be completely clear. Although in adversarial system the collection of evidences lies with the police, defence and the prosecution lawyers, the prosecutors have to proof the offender’s guilt ‘beyond reasonable doubts’. If the judge or jury have the slightest doubt about the prosecutor not proofing the defendant guilty they must acquit and must find the defendant ‘not

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