Accusatorial and Inquisitorial Systems of Criminal Prosecution - Essay Example

In this case, the police have to use their discretion to determine the procedures or measures that they will use to gather evidence and question suspects. On the other hand, prosecutors have to use their discretion to determine the charges that they will lay. The processual decisions made by the police or prosecutor are often guided by values of legality. When making decisions relating to the processing of a case, a police or a prosecutor has to use their discretion to determine whether the process they intend to follow adheres to the set legal code.

For instance, they have to use their discretion to ensure that they do not convict the innocent, avoid discriminatory practices and that they convey integrity in the course of the investigations (Ashworth, 1998; Daly, 2011). Secondly, before the adversarial proceedings, a prosecutor or the police can decide to divert a case from the actual court process. Police or a prosecutor may evaluate the nature of a case and decide that a case should proceed to court or should be addressed outside the court or through other extra-judicial interventions (Ashworth, 1998; Daly, 2011).

Thirdly, police and prosecutors make dispositive decisions. Dispositive decisions are decisions made regarding the disposal of the case. In this case, the prosecutor uses their discretion to determine the terms of sentencing that they will advocate for during the adversarial proceedings. Dispositive decisions are often guided by values of crime prevention and proportionality. Therefore, the police and prosecutors have to use their discretion to ensure that the decision that they make regarding the nature of sentencing that they will promote is geared towards crime prevention and the realisation of justice (Ashworth, 1998; Daly, 2011).

Question 2 It is now appreciated that although different in many important respects, the accusatorial and inquisitorial systems of criminal prosecution share several core values. Discuss three of these shared core values. Accusatorial and inquisitorial systems of criminal prosecution share core values such as; legality, equality before the law and proportionality. As a core value of accusatorial and inquisitorial systems of criminal prosecution, legality entails conformity to the requirements or principles of the law.

In both accusatorial and inquisitorial systems the value of legality is often emphasised when it comes to choosing methods of investigation, conducting the investigation process, administering evidence and during court processes or proceedings. This value requires that all practices and processes that take place in the course of accusatorial and inquisitorial proceedings should be characterised by integrity and total adherence to the law (Daly, 2011). Equality before the law is also another core value upheld in accusatorial and inquisitorial systems of criminal prosecution. This value necessitates consistency in the treatment of all parties regardless of race, creed, socio-economic status, disability, gender or sexual orientation. It upholds that all are equal before the law and therefore everyone is entitled to equal protection of the law without any discrimination.