Inquisitorial Flashcards
Juries =
Error and unpredictability
Pre-trial process is
Central
Pre-trial process = overseen by
Judge/prosecutor
Judge(s) question witness/victims, no
Cross-examination
Case file - police investigation, evidence etc. - available to…
All involved
Information relating to prior offences/allegations =
Permitted
Defendant can oppose - still an ‘adversarial’ element, but not in…
How process is structured
Trial = ‘formality’. No re-presentation of evidence required although it may
Happen
Judges determine ‘truth’ largely based on
Dossier/case file
Inquisitorial superior - yes?
Victims/witnesses less traumatised
Inquisitorial superior - no?
Can be lengthy and inefficient
Can ‘truth’ really be satisfactorily established?
Fair for ‘presumption of innocence’
Reliance on effectiveness of investigative process
Judge/panel of judges - may/may not be a
Jury