Advantages And Disadvantages Of The Inquisitorial System

The adversary system is the legal system adopted by Australia, Britain, the United States, and New Zealand. Where two advocates represent their parties ' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.[ ‘Adversarial System’ Wikipedia ] The inquisitorial system is the legal system used in mainly Europe, Africa, Asia, and South America. It is a system of trial where courts are actively involved. Although both legal systems are used in different country’s, they have similar features, advantages, and disadvantages.

While the adversary system only has five main features, the inquisitorial has six. In the adversary system, there is an independent and impartial judge, who is impartial to the

The first advantages is plays an active part in trial so that the truth can be found. Secondly, there are no strict rules of evidence or procedure which means that all relevant evidence is admissible. Judges assist the police and prosecutor in collecting the evidence, which leads to a more efficient use of time in the trial. Victims of crime also have better access to the legal system. The last advantage of the inquisitorial system is that there are no juries. Although there are advantages, there are also disadvantages. The judge is not impartial, as their close association with the police and prosecutor must place their objectivity into doubt. As all evidence is admissible, it places the rights of the state, above the rights of the individual. The role of parties is limited, including their right to rebut. However the judge is free to investigate the accused person’s background aswell as the witnesses. This infringes on certain civil rights. The accused does not have the right to remain silent and must be interrogated like all other witnesses, and the accused is not permitted to be tried by their