inquisitorial system in criminal procedure Flashcards
1
Q
who was the procedure initiated by
A
- private accusation
- communal denunciation
2
Q
who prosecuted individuals
A
- officers in court (judge) would investigate
3
Q
what was the outcome determined by
A
> a testimoney of two eyewitnesses
or a confession of the accused
4
Q
what was the conviction rate
A
- conviction rates were high as it was easier to go to court
5
Q
what was used to elicit confessions
A
torture
6
Q
what were some devices of torture
A
- The strappado
- thumb and leg screws
- the rack
the Iron Chair (used in Germany)
7
Q
what was the most effective form of torture
A
- sleep deprivation
- only 2% of victims could endure it without confessing.
8
Q
what rules were established to govern the use of torture
A
> torture should not result in death
children and pregnant women are exempt from torture
the judge should establish a crime has been committed before the use of torture
testimony taken in the torture chamber was not evidence, the prisoner had to ‘freely’ confess.