accusatorial and inquisitorial system of trial

Thus several functions concentrate in the judge. The inquisitorial system is typical of countries that base their legal systems on civil or Roman law. ‘The absence of an accusatorial procedure places an inquisitorial burden upon an inspector.’ ‘It sounds a very dubious principle and inconsistent with the accusatorial trial.’ ‘A criminal trial is an accusatorial and adversarial process.’ In an inquisitorial system the conduct of the trial is in the hands of the court. Basic human rights are the primary focus of this system, most importantly, the right to fair trial which is the framework of entire system. The inquisitorial system can be defined by comparison with the adversarial, or accusatorial, system used in the United States and Great Britain. Neither Great Britain, with her colonies, nor the United States of America, recognize the Inquisitorial method at any stage; and under the laws that govern the trial of criminals in these countries all confessions or admissions that have been elicited by playing upon the hopes or fears of the criminal are ruled out. The decision in an inquisitorial criminal trial is made by the collective vote of a certain number of professional judges and a small group of lay assessors (persons selected at … 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. Status of Witnesses. A trial in an inquisitorial system may last for months as the presiding judge gathers evidence in a series of hearings. This control is predominantly with the judge. Secondly, collection of evidence is in the control of the judge. The opposing system of trial is the inquisitorial system and countries such as France, Italy and Germany use this. 19 It places Its main role is to find out the truth of an issue Variations of the system are used in many European, Asian and South American countries. As adjectives the difference between trial and accusatorial is that trial is pertaining to a trial or test or trial can be characterized by having three (usually equivalent) components while accusatorial is containing or implying accusation. inquisitorial system of trial. The Inquisitorial System Yan Yu, Nankai University, School of Law The trial was generally conducted orally and in public. The accusatorial system is more sensitive to the liberty of the citizen. The judge in an inquisitorial system is both judge and prosecutor. Adversarial and inquisitorial systems of justice represent two different means of conducting trials with adversarial systems used in common law jurisdictions such as England and the inquisitorial system being prevalent in mainland Europe. Later, for example, in imperial Rome, the accusatorial procedure was increasingly combined with elements of the inquisitorial trial, which finally supplanted the accusatorial trial between the 13th and 15th centuries. The adversarial system is a legal system where two parties’ positions are represented before an unbiased judge or a jury who attempt to determine the truth behind the case. outline of the adversarial and inquisitorial models of criminal procedure 8 adversarial proceedings and the criminal justice objectives 10 truth-finding 11 a fair trial 13 efficient administration of justice 14 chapter 3 16 current approaches to the problems caused by the operation of the adversarial system 16 Later, for example, in imperial Rome, the accusatorial procedure was increasingly combined with elements of the inquisitorial trial, which finally supplanted the accusatorial trial between the 13th and 15th centuries. inquisitorial system: There are two basic features to an inquisitorial system. ... (Accusatorial) model of justice. The inquisitorial criminal justice system as is employed in Italy can be loosely defined as a procedure by which the judge(s) attempts or tries to discover the raw facts regarding a particular case while at the same time representing the core interests of the nation in regard to the given trial. Inquisitorial procedure, in law, one of the two methods of exposing evidence in court (the other being the adversary procedure; q.v.). The Adversarial System vs. The inquisitorial system is a system of trial where the court is actively involved in determining the facts and conduct of a trial.