Strengths And Weaknesses Of The Inquisitorial System

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In the world, there are two justice systems; the adversary system and the inquisitorial system. The adversary system, used in countries such as Australia, The UK and The USA, is a justice system involving two parties make allegations before a judge . The inquisitorial system however, used in countries such as Europe, Africa, Asia and South America is a justice system which aims to find truth through discussion and investigation . The adversary system, has five main features plus numerous underlying features. In the adversary system, there are two parties, the plaintiff and defendant in a civil case and the Director of public prosecutions (DPP) or police and the defendant in criminal cases. There is also an independent and impartial judge, who stands alone from the legislative and executive arms of government. The judiciary is also impartial to both of the parties to ensure that there is no bias when it comes to creating a verdict. In the adversary system, …show more content…

In the inquisitorial system, it is believed that all outcomes are just. This is because the judge is trained specially to collect and weigh evidence with the objective of revealing the truth. As this is so, a trial will not proceed unless there is strong enough evidence in order to convict the accused. It is also believed that the inquisitorial system has greater accessibility than the adversary system as the investigation, preparation and presentation of a case are done by the state, so individuals are not left with high legal fees. The inquisitorial system also offers an intermediate verdict of “charge not proven”. This advantage ties in with a just outcome, as it allows for a trial to be put on hold until further evidence can be collected, ensuring that a guilty person is not set free. The inquisitorial system also does not see a jury. This ensures that no unqualified persons are determining the fate of another

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