adversarial and inquisitorial system of trial Flashcards
what countries use the adversarial and inquisitorial system of trial
countries part of the Commonwealth (UK) use the adversarial system and these countries are known as common law countries
what is the adversarial system
built on the presumption of innocent until proven guilty and does not allow hearsay evidence. It resolves the legal conflicts between two parties (defence and prosecution) arguing their case in front of an impartial judge
why is the adversarial system of trial just
It allows individuals the right to an equal hearing in a court of law. innocent until proven guilty. Does not allow hearsay evidence. Both parties can have lawyers to represent their side which allows an equal right for both parties to present their evidence and argument –> compare to the inquisitorial system.in front of an impartial judge
what is the inquisitorial system
used in civil law countries. built on the presumption of guilty until proven innocent. the judge actively investigates and conducts the trial, questions both sides, and allows hearsay evidence to decide the ruling.
