StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Adversarial System vs Inquisitorial System - Essay Example

Comments (0) Cite this document
Summary
There is an ongoing debate concerning which judicial system is better,whether it is adversarial or inquisitorial.Those who support adversarial trials state that it creates an atmosphere that is motivated by the accurate finding of facts…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.7% of users find it useful
Adversarial System vs Inquisitorial System
Read TextPreview

Extract of sample "Adversarial System vs Inquisitorial System"

Download file to see previous pages They state that after one side of the proceedings wins the case, there is always a sense of closure for those who have been involved in the case. Moreover, it is always rare to find anyone who has any grievance concerning how the proceedings took place, because they believe that justice has been done. On the other hand, the proponents of the inquisitorial judicial system often state that this system is more suitable because it caters for social change as well as ensuring the creation of an efficient policy for court proceedings. This creates an environment where cases are dealt with swiftly and efficiently, and because the court has a hand in the investigations, it is a rare thing for false evidence to be presented. Moreover, the inquisitorial proceedings help ensure that the cost of legal proceedings remains low, because the court caters for the expenditure of the investigations being carried out (Ringnalda 120). When one closely considers these systems, one would say that the inquisitorial system is more efficient in dealing with cases than adversarial system. In this paper, we shall analyze both of these systems and their application in various situations, assessing their strengths and weaknesses. The adversarial system is a judicial system that involves two opposing parties being represented by advocates, who defend the position of these parties before a group of people who are considered objective. In most of the cases handled under an adversarial system, the divergent parties present their cases before a judge for arbitration. This system is quite different from the inquisitorial system, where a judge, or a group of them, has a direct hand in the investigation of the cases, which have been brought before them. This is an advantage over the inquisitorial system because in such a system, there is always likelihood that the judge may be impartial in making decisions concerning the case. Consequently, the judge may end up making a decision in favor of the party to which he or she is partial. This is not the case in an adversarial system because the purpose of the judge is to listen to the proceedings and make a balanced decision based on the evidence presented by the parties involved. In this system, it does not matter which side is correct as long as the evidence presented gives an advantage to one party. The adversarial system is used in almost every country that practices common law, although there are exceptions in some instances, especially where the common law cannot be applied. This system has a structure of two sides, one dedicated to the defense, while the other is dedicated to the prosecution. The structure operates in a way that puts the defense against the prosecution, and the side that is able to make the more convincing argument ends up winning the case. This structure is set up in a way that justice is only achieved when the side with the best argument wins, despite the fact that the side that wins may be in the wrong. Therefore, it is the task either of both the defense and the prosecution to convince a judge or in some cases a jury, that they are right. It is for the jury to decide which side has given a more convincing argument, and come up with a verdict (“Adversarial and Inquisitorial Legal Systems”). This is not the case in an inquisitorial system, because the parties involved might feel that they are at the mercy of the judge presiding over the case. Such a situation would make these parties not to be confident in the legal proceedings. They might feel that the judge might not have their best interests at heart when making decisions. Another advantage which the adversarial sys ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Adversarial System vs Inquisitorial System Essay”, n.d.)
Retrieved from https://studentshare.org/law/1403000-adversarial-system-vs-inquisitorial-system
(Adversarial System Vs Inquisitorial System Essay)
https://studentshare.org/law/1403000-adversarial-system-vs-inquisitorial-system.
“Adversarial System Vs Inquisitorial System Essay”, n.d. https://studentshare.org/law/1403000-adversarial-system-vs-inquisitorial-system.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Adversarial System vs Inquisitorial System

Budgetary Control and Costing System

Job costing and Process Costing are the two basic methods of costing. Job costing is suitable to industries, which manufacture or execute the work according to the specifications of the customers. Process costing is suitable to industries where production is continuous and the units produced are identical. All other methods are combinations, extensions or improvements of these basic methods.

1. JOB COSTING: It is also called specific order costing. It is adopted by industries where there is no standard product and each job or work order is different from the others. The job is done strictly according to the specifications given by the customers and usually, the job takes only a short time for completion. The purpose of...
17 Pages(4250 words)Case Study

Management Information System

At the beginning of the twentieth century, the revolution began in knowledge and information then accelerated gradually thereafter. It became now the foundation for many new services and products wherein 1974 applications pushed the limits of human ability. As an information system, research advanced so did user expectations. And the question raised is how individuals, the organization can adjust in order to leverage the delivery of information technology.

The infrastructure of the information technology (IT) affords the base for an organization to construct its information system needed to complete the work and provide the employee with all the necessary information. However, management decisions regarding IT are very...
12 Pages(3000 words)Assignment

Comparison of the Cold War International System to the Current International System

An example is that of the Korean War (1950-53) which is said to transform the nature of the Cold War, while its initial impact was to solidify the division of the world into political, military, and economic spheres. Take Germany for instance where imperialism was a victim challenged by the historians for the destruction of the German Government along with its supporters used to conduct (Keylor, 2001, p. 44). That indicates economic expansion and territorial acquisition has always been a problem promoted since the First World War. Even in the 1920s, it was fashionable to declare the German empire on the threshold of the ‘Great War’ (Keylor, 2001, p. 44).

Europe in the global context remained tense and divide...
8 Pages(2000 words)Article

Billing System Upgrade with Web-Based Version Project of Rick Auto Enterprises: A Communication Plan

The project is envisioned to involve changes to existing business processes, changes to existing jobs, and/or the creation of new positions. With the new web-based version, customers and auto brokers will be able to view and pay their bills online, as well as access a billing customer service agent is required. This change will affect the billing, sales, and customer service departments but it is expected to reduce costs, improve customer satisfaction, and reduce the number of days for outstanding accounts receivable.
Ownership of the existing system rests with the Billing Department. However, with the benefits projected to be derived from the upgraded system, especially with the implantation of the web-based version, the Cus...
12 Pages(3000 words)Case Study

Cultural Value Orientations: German vs. Turkish

When organizational culture is discussed in the context of national culture, it is based on certain assumptions. According to Schein (2004 qt. Browaeys and Price 2008) culture can be defined as:

"...a set of basic assumptions - shared solutions to universal problems of external adaptation (how to survive) and internal integration (how to stay together) - which have evolved over time and are handed down from one generation to the next".

External adaptation here refers to factors or culture which the management can control while internal integration means the relationship which binds them to the group. In this context management styles and approaches are often influenced by the cultural value orientation - that...
7 Pages(1750 words)Case Study

The British Constitution vs The Human Rights Act 1998

This research essay analyses the above statement and arrives at a conclusion.
Integration of the provisions of ECHR into U.K’s domestic law by way of HRA 1998 can be regarded as revolutionary as it facilitates the majority of the ECHR rights provisions directly applicable in the U.K. Before that integration, a U.K Court has to presume that when there is a clash between U.K’s domestic law and ECHR rights provision, the ECHR rights provision will always prevail. This principle has been laid down in R v Secretary of Home Dept ex parte Brind1 and R v Secretary of Home Dept ex parte Thakrar. 2
Courts have now the power to declare any statue which they find incompatible with ECHR provisions and order for fine-tunin...
9 Pages(2250 words)Case Study

Microprocessor System and Application

In a computer, a processor commonly involves one or more microprocessors (also acknowledged as chips), which are silvers of silicon or other substance stamped with many little electronic circuits. To perform operations on data, the computer passes electricity all the way through circuits to execute an instruction (Norton 2001.p. 5). The innovation in technology has brought a lot of facilities for us. We have better ways of life and all the facilities regarding better production and domestic tasks. Such as in the industrial production we have automatic robots that are welding, packing, moving and carrying out several other development-related tasks. These robots are pre-programmed and microprocessors based chips are controlling all...
6 Pages(1500 words)Assignment

The Interprofessional Practice and the Health Care System

This is also the position Stone (2007) takes in the quote under discussion.
Furthermore, Stone goes on to declare that Australia has been very slow to implement this practice as compared with other countries and government agencies. One of the primary reasons is that the public policy system in Australia is quite complex and the decision-makers have not come into agreement on where to place it in the policy matrix. This leaves Interprofessional Practice and Education in the dark (or the cold) as far as strategic planning for implementation as well as placing itself within the funding cycles of the government disbursements. (Stone, 2007)
Policies are created in order to put in place how politicians and government official...
6 Pages(1500 words)Assignment

Identification of problems in the Criminal Justice System of the US

They are on trial and will be dealt with fairly. These laws ensure that no one, even if he or she has committed a crime is abused or punished cruelly.
Following the history of civilization like in china, we see the traces of systems for Criminal justice in order to provide safety for the citizens. Evolving through the years laws have been modified and changed to form the system that we know today.
 From its start, the “U.S. criminal justice system” has advocated the idea of “checks and balances”. To avoid dictatorial rule, the people who founded this system in such a way that one person was not given control or authority completely to punish the criminals. The idea of assigning a ‘jury...
6 Pages(1500 words)Assignment

Comparative Review of Welfare System

In order to compare the welfare system of the three proposed countries, it is important to first develop a comparative method that would guide in comparing the three states. For the purpose of this paper, a binary comparison would be conducted. The implicit comparison would deal with Britain while the explicit comparison would explore the USA and Canada. Thereby a small N’ study would be used, that is, of three countries.
The three countries selected to share a similarity in the form that these countries are a welfare state. This is when welfare is mainly funded by the state. While the USA and Canada focus on the liberal welfare state, the welfare state of the UK is not quite defined.
The comparison of the welfare...
8 Pages(2000 words)Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Adversarial System vs Inquisitorial System for FREE!

Contact Us