Adversary and Inquisitorial Flashcards
What is the the Adversary system?
The Adversary system is a method of administering justice premised on the philosophy that a just outcome will occur if the two opposing parties have the lawful authority to present their conflicting cases to an independent judge and, if selected, an impartial jury.
What is the Inquisitorial system?
The inquisitorial system is a method of administering justice premised on the principle that a just outcome will only occur if the fact-finding role is vested in the authority of an independent judge, and not the two parties to the dispute.
What is the role of the judge in the adversary system?
Pppointed to the bench by the Attorney General
The main role of the judge in the adversary system is to enforce the rules of evidence and procedure to give both parties a fair, equal, and lawful opportunity to present their conflicting cases to court.
The judge is the chief advisor of the jury
If there is no jury, the judge decides the verdict and provides reasons for it
The trial judge presides over the sentence hearing to determine the most appropriate sanction
What is the role of the judge in the inquisitorial system?
Students complete a course at university and are appointed to the bench by the means of a formal application process
To oversee the investigation of a crime
Question witnesses and the accused person and record written statements
Prepares and maintains a dossier consisting of all the evidence collected
Rules of evidence are less strictly applied and the dossier contains - Overseas all aspects of the trial process, including the examination of witnesses and the enforcing of the rules of court. - Decides a verdict and the sanction to be imposed on a convicted offender. • The profession of judge in the inquisitorial system is separated into two into two branches: one involving the investigation, including the gathering of evidence and the giving advice on the points of law, and the other to supervise the case prior to and during the trial, being in charge of the examination of witnesses and the presentation of evidence.
One judge is assigned to each branch with the latter forming the verdict.
What is the role of the defence representation in the inquisitorial system?
In the inquisitorial system the legal representative of the accused assists to help the judge find the truth and ensures their client is given a fair trial.
Rights in the inquisition
The accused has the right to remain silent - Accused is expected to answer questions put to them by the judge - Resistance to answer questions is frowned upon
Innocent until proven guilty
Both systems accommodate the right of appeal, however there are fewer grounds in the inquisitorial system as the rules of evidence are less strictly applied.
What is the role of the defence representation in the Adversary System?
To create doubt in the prosecution’s case and argue to achieve a not guilty verdict or a reduced sentence.
What are the strengths of the adversary system?
Strict rules of evidence and procedure that apply to both parties
Trial by peers
Each party is in control of their own case.
People treated equality before law.
Judges are impartial.
Precedent and appeal.
What are the weaknesses of the adversary system?
The rich have an advantage
High costs
All relevant evidence may not be presented
The legal principles may not align with traditional peoples.
May be traumatising to victims if put on the stand.
Judges not held accountable due to their privilege.
Strengths of the Inquisitorial System?
Judge plays a more active role
All relevant info may be presented
Legal rep isn’t required, the poor have a level playing field.
not one continuous event so more information can be collected.
giving testimony is easier for vulnerable groups
What are some weaknesses of the inquisitorial system?
Denial of some legal rights
No cross examination
Judge loses impartiality
No strict rules of procedure or evidence.
No jury.
