The debate and argue their case to convince


The adversarial system and Inquisitorial system of justice represent two different way of conducting trials for individuals who commit a crime. In common law countries such as England, Wales and the United State uses the adversarial system. Civil law countries much like France, Netherlands other European countries use the inquisitorial system. The adversarial system is based on the two opposing sides of lawyers who debate and argue their case to convince the judge and jury that their version of the facts is the most convincing. The inquisitorial system the court or part of the court is actively involved in the investigation. To fully understand both systems it is best to look at its advantages and disadvantages.  The difference between the inquisitorial system is where the judge is involved in investigating the case. The inquisitorial system goals are to find out the truth of the situation through extensive investigation and examination of all evidence. The system conducts the trial in the hands of the court. Also where the suspect is automatically guilty and have to prove that they are innocent. As to the adversarial system is when the judge act as a referee between the prosecution and the defense. The adversarial system is where you have to prove that you are innocent until proven guilty. In the inquisitorial system mandates that the court should be in charge of collecting evidence to pass judgment. There are advantages and disadvantages to the use of both systems. The basis of the adversarial system basically has to do with the police run the investigation. They are responsible for gathering evidence at crime scenes to present to the two opposing parties. Based on the assumption that justice will result out the clash between the two parties Both sides are trying to persuade the judge and the jury. The criminal or a victim who is accused of a crime can be assumed innocent until they are proven guilty. In the inquisitorial system, there are judges who act both as the investigators and decision makers. This gives the judges definitely more power than judges in the adversarial system. There are fewer juries, lawyers, and shorter court proceedings because two parties don’t have to try and convince anyone. The assumption that justice will result because there is no disparity between the two parties.The advantages of the adversarial system are that an accused individual is given the right to remain silent. A lawyer will help state the case and remain innocent until proven guilty. The system allows both sides to present findings and witness to support their case. It gives power to the police. The police play an important in the path of justice. They are the ones who will run the investigation while adhering to certain conditions. This system does not allow the judge to make a decision until both sides are heard. The disadvantages of the system would be that the parties act out of self-interest. The party’s aim isn’t to get to the truth but it is to win. This means that both sides may deliberately choose not to include evidence that will make them look bad. The two sides will not be equally matched. Lawyers cost different amounts of money depending on the level of success and expertise. The outcome of the case might reflect who have best legal representation rather than who actually deserves to win. Judges can’t use their knowledge to help the parties. The prosecution might leave out unfavorable evidence in an attempt to win their case.The advantages of the inquisitorial system are that the court plays in an important role conducting the trails, determining the fact and finding the truth.  The judge decides which evidence is valid. A legal representative can focus on more evidence rather than to prove someone’s innocent. Witness are able to tell their story without being interrupted by a question from the prosecutor. The disadvantages are that the judge can manipulate evidence and choose to omit. Both parties are unable to choose their own witnesses. The system questionably gives too much power to judges.The adversarial justice system is what makes up the legal system here in the United States. Critics would argue that the system is too harsh. There is a question whether or not that the system is fair.”Indeed the adversarial system may be the worst form of judicial procedure except for all others that have been tried from time to time.”(Walpin, Gerald, pg1).  One thing that critics would say what is not fair about the adversarial justice system would be that which lawyer would be appointed.   

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