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History Reviews Questions - Case Study Example

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This essay presents an inquisitorial system which is a form of a legal system where court is fully involved in doing investigation on the facts of the case, as opposed to an adversarial or accusatory system where the courts role is primarily between the prosecution and the defences. …
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History Reviews Questions

Download file to see previous pages... According to the report the adversary denotes the participants in a contest between two equal opponents on trial and the trial usually take place under a formal guidance of the court. Witnesses were occasionally involved to provide their accounts voluntarily or under swearing of an oath. The adversarial system rests its faith in the assumptions that partisan advocacy and manipulation of evident materials coupled with equality can put a judge in the position to determine the truth. The type of system is mostly used in countries with legal misdemeanour such as minor traffic offences.This essay discusses that the adoption of inquisitorial justice was connected to the use of terror in the trials in that, some of the individuals were able to twist their cases in courts to warrant for a thorough investigative process. While the process of investigation was going on to extort the truth, some of the accusers used to commit terror to disrupt the investigative process. Witchcraft was tried in secular courts despite being a spiritual crime; this was perhaps because of the extent of damages it caused in the society. There were beliefs that witchcrafts caused many calamities like sickness, death and other misfortunes. It was these other civil related crimes that made witches be tried in the secular courts. The early official church teaching was that there were no existence of the witches, yet the ancient legal procedures including the inquisition of heretics, mostly the Albigensian and the Waldensians. ...Download file to see next pagesRead More
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