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| | Inquisitorial system - Wikipedia, the free encyclopedia |
 | | An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. | | | The inquisitorial system applies to questions of criminal procedure as opposed to questions of substantive law; that is, it determines how criminal enquiries and trials are conducted, not the kind of crimes for which one can be prosecuted, nor the sentences that they carry. | | | Under this system, unless a person were caught in the act of committing a crime, they could not be tried for a crime until they had been formally accused, either by the voluntary accusations of a sufficient number of witnesses or by an inquest (an early form of grand jury) convened specifically for that purpose. |
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http://en.wikipedia.org/wiki/Inquisitorial_system
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| | Adversarial system - Wikipedia, the free encyclopedia |
| | The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their party's positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. | | | In an adversary system, there is no more controversy and the case proceeds to sentencing; though in many jurisdictions the defendant must have allocution of her or his crime, a false confession will not be accepted even in common law courts. | | | The inquisitorial system that is usually found on the continent of Europe among civil law systems (ie. |
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http://en.wikipedia.org/wiki/Adversarial_system
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| | The majority emphasized that the inquisitorial nature of the system required the Service be able to investigate unknown taxpayers and it was sufficient protection against abuse that “[o]nce a summons is challenged it must be scrutinized by a court.” Justice Blackmun gave a prophetic concurrence in Bisceglia. | | | That is the inquisitorial body provided by our fundamental law to subpoena documents required in advance of a criminal trial, and in the preparation of an indictment or its particularization. The Supreme Court limited O’Connor’s holding in Donaldson v. | | | Building on the inquisitorial logic of Powell, the Court majority relied explicitly on the idea of tax determination as an inquisitorial process: Of necessity, the investigative authority so provided is not limited to situations in which there is probable cause, in the traditional sense, to believe that a violation of the tax laws exists. |
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http://www.floridalawreview.org/issues/pdf/vol56num1/camp.doc
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| | Justice System |
| | Because this system was perfected by the inquisition courts, charged with tracking down heresy in Southern France, Aragon, and Northern Italy, it is generally called the “inquisitorial system.” In the later Middle Ages, some variant of it was adopted by almost every European government outside of England. | | | One of the most striking aspects of the inquisitorial system was its use of torture, which was at least technically not permitted under the common law (unless the suspect refused to plead). | | | One, which historians call the “common law&; system, was used in England; the other, the “inquisitorial” or “Roman law&; system, was used everywhere else, though with many local variations. |
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http://www.home.duq.edu/~parsonsj/crime/justice_system.html
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| | The French legal system abides by the principal of unity of the civil and criminal justice system, which means that the same court can hear both criminal and civil cases. | | | After the Revolution of 1789, a judicial system was established that was inspired by English law which enacted the principle of legality of offenses and punishments. | | | The accusatory procedural system predominated judicial procedures at this time. |
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http://www.ojp.usdoj.gov/bjs/pub/ascii/wfbcjfra.txt
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| | Fugivite Fujimori a Test for the Law |
| | Instead of an open hearing under the new judicial system, Fujimori's case could be assigned to what is called the Spanish inquisitorial system of justice, which has long ruled in the region. | | | Reformed systems are also intended to reduce crime and impunity, improve the legal environment for investment and economic development and raise public trust in the judicial system. | | | Yet in a Chilean inquisitorial court he may find a way to satisfy his political ambitions while maintaining his contempt for Peruvian justice. |
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http://www.washingtonpost.com/wp-dyn/content/article/2005/11/25/AR2005112500392_pf.html
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| | Legal Research |
| | Other research has indicated that the inquisitorial system of justice may lead to more accurate decisions, but in general, the legal system is more willing to be inaccurate than to appear unfair or biased. | | | That lawyers in the adversarial system worked very hard on their clients case when the case was weak. | | | Participants within the legal system need to be regulated, and that without regulations government officials will ignore the rights of the citizens. |
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http://www.rpi.edu/~verwyc/LAWOH2.htm
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| | Common law system of procedure and pleading- peculiar to the English system A. Plethora of courts who were jealous of their respective subject matter jurisdictions, mainly for the court fees they collected. | | | Cost of procedural system to the state: Though the state has an interest in resolving disputed to keep the peace, the process is costly. | | | Where litigation is a part of the constitutional system of government, the American rule allows parties to bring less than certain cases without fear of paying the other side's legal fees if they lose. |
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http://www.ibiblio.org/jwsnyder/outlines/civpf92.txt
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| | Eliminating Racial Profiling - The French Approach? |
| | The first step in employing such a system would be to create a "judicial police" force, similar to the French model under the purview of the examining magistrates and the attorney generals. | | | The American system, in favoring adversarial proceedings, emphasizes an approach that, in practice, may contribute to the lack of trust for the law enforcement community generally held by minorities. | | | Such a system would presumably rely less upon exclusionary rules and other judicial remedies designed to curb constitutional abuse by placing control at the hands of administrators specially trained in the trade of evidence gathering. |
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http://academic.udayton.edu/race/03justice/profiling05.htm
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| | For example, he singles out discovery abuse as the "greatest source of cost, delay, and attorney abuse in the system (18)," although recent research shows that the vast majority of general civil litigation cases settle without the time or expense of formal discovery. | | | Likewise, he asserts that "[w]aits of four years or more just to get a trial date for a filed suit are commonplace (87)," when data from a recent study of civil litigation in 45 large urban courts shows the typical time to trial is approximately 2 years. | | | The American adversary system comes under close scrutiny in Reconstructing Justice and, as the name implies, is found wanting. |
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http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/strier.htm
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| | International Association of Prosecutors |
| | The sole objective of this brief historical and theoretical reminder is to emphasise that the roots of a system of criminal procedure are embedded in the very culture of the State it exists to serve. | | | Greatly simplified, the accusatory procedure is by definition public, oral and held in the presence of both parties, whereas the inquisitorial procedure is secret, written and not open to both parties. | | | The different aspects of these two types of procedure are born as the natural expression of the principles that govern them, notably in regard to the role handed down to the prosecutor and in addition to his power to initiate or terminate a public action. |
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http://www.iap.nl.com/speeches/2000_h.html
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| | One of the advantages of the common law system of party control is that the parties may pursue all avenues of inquiry perceived to be to their advantage. | | | The High Court acknowledged the inquisitorial nature of procedures in the AAT in Bushell v Repatriation Commission (1992) 175 CLR 408, 424-5. | | | `Within the adversarial system, despite some statements to the contrary, the function of the courts is not to pursue the truth but to decide on the cases presented by the parties': A Mason `The future of adversarial justice' Paper 17th Annual AIJA Conference Adelaide 7 August 1999, 13 -- draft. |
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http://worldbank.org/publicsector/legal/AdversarialNonadversarialdebate.doc
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| | esse.org: The Great Swindle (The Co-Conspirators) |
| | This system originated during the middle ages in England, and is prevalent in those countries and states whose legal systems are derived from that ancient legal tradition. | | | The judicial system is the core of the institution around which the lawyers operate, and, again by law, is made up almost exclusively of lawyers. | | | With the Lawyer, while the client may believe in the lawyer's ability to manipulate the legal system to his benefit, very few people actually BELIEVE that the legal system itself, and all of its complexities, is any type of 'natural' phenomenon at all. |
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http://home.centurytel.net/esse/_cocon.htm
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| | The Hindu : New Delhi News : Getting away with murder |
| | Recommending incorporation of certain aspects of inquisitorial system, the Malimath Committee on Reforms in Criminal Justice System had suggested that a preamble be added to the Code of Criminal Procedure (Cr.PC) declaring that the "quest for truth shall be the fundamental duty of every court". | | | Taking a look at the Jessica Lal case, it becomes obvious that had this system been in place, the court would have summoned many high-profile people who were there at the party when the incident occurred. | | | The Committee had further recommended that the accused "participate" more in the criminal proceedings, which is usually not the case in the adversarial system. |
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http://www.hindu.com/2006/03/04/stories/2006030413160300.htm
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| | Chapter 7: The Adversarial System of Criminal Litigation |
| | The inquisitorial pre-trial process is designed to result in a non-partisan dossier which is handed to the trial court to determine the truth of the matter. | | | Adversarial system trials are expensive because of the reliance on oral evidence and the contested nature of the restrictions on evidence. | | | Juries are used to try a wider range of offences in the adversarial system and their importance is acknowledged by the legal requirement that a judge can never direct a jury to convict, no matter how strong the evidence. |
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http://www.lrc.justice.wa.gov.au/RevCCJS-p92/finalreport/finalreporthtml/ch7adverscrim.html
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| | Right to education: China fails to make the grade |
| | Nor does the Committee acknowledge that the French criminal justice system has recently been the subject of widespread reform as the consequence of the development of a European standard of human rights law. | | | At the same time, the Committee seeks to eviscerate the rights of the accused and undermine existing procedural safeguards within the criminal justice system. | | | Under the guise of making the “quest for truth” the very foundation of India’s criminal justice system – the Committee feels that the adversarial system “lacks dynamism” as it has “no lofty ideal to inspire” – the Malimath Committee proposes to endow the courts with broad new powers, including the power to direct investigations. |
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http://www.hrdc.net/sahrdc/hrfeatures/HRF89.htm
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| | Due Process Issues |
| | Societies which practiced the inquisitorial system kept people in jail for long periods of time without letting them know the charges, and suspects were often compelled to confess or testify against themselves. | | | The phrase "due process of law" was first used in England sometime during the 13th or 14th century as synonymous for "law of the land", hence, it was made part of the common law and given a natural law interpretation. | | | If your system is convicting a few innocent, chances are it's railroading many of the guilty, so you've got two problems on your hands -- those who are falsely imprisoned and those who have a stronger habeas corpus claim. |
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http://www.faculty.ncwc.edu/mstevens/410/410lect06.htm
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| | SSRN-From Legal Transplants to Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis ... |
| | First, there are important features of civil law countries' inquisitorial system that may neutralize the Americanization effect of the imported practice. | | | It shows that the metaphor of the legal transplant is too rigid to account for the transformations that legal ideas and institutions undergo when they are moved into new legal systems. | | | Instead, the article proposes the metaphor of the legal translation as an alternative heuristic device when analyzing the transfer of legal ideas and institutions between legal systems. |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=707261
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| | General Characteristics -Partisan Party Presentation -Enforcement of civil law largely left to individual initiative...Parties define the issues to be dealt with..Parties are in control of what evidence to call...Parties present the evidence..and test the other side's evidence. | | | 271 -Weinrib, Denial of Justice 1977 -Pizzi and Marafioti, "The New Italian Code of Criminal Procedure: The Difficulties of Building an Adversarial Trial System on a Civil Law Foundation." (1992) 17 Yale J. of Int.L 1-40 -Stiefel and Maxeiner, ALearning from >Civilized= European Procedure@, (1994) American J. of Comparative Law 147 1. | | | Witnesses are not examined by one side or the other, but rather are called and examined by the judge. |
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http://www.umanitoba.ca/Law/Courses/esau/legal_systems/ls18.txt
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| | Role of the judiciary in inquisitorial system Codification o f law Mixed All courts can ignore unconstitutional laws Specific agency rules on constitutionality What is the importance of stare decisis in these varying models of judicial review? | | | ¡ P ? P P P P Á P C P P W P P T P P ? Á C W $ $ T ( ( , , ª . ó ¨9 Judicial Review in Socialist and Islamic Legal Traditions ¡ : : ( : D i f f e r s f r o m t h a t w i t h i n c o m m o n a n d c i v i l l a w s y s t e m s W h y R u l e o f L a w B a s i s o f L a w s e c u l a r v e r s u s r e l i g i o u s N a t u r e o f c h a l l e n g e S t a t e v e r s u s t h e r e l i g i o n ¡: | | | Why would this type of judicial review be most appropriate for civil law countries? |
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http://www.louisville.edu/a-s/ja/bios/JA331-341-5-F05.ppt
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| | History of the Brotherhood Encarmine: a Marine chapter extraordinaire. - WarSeer Forums |
| | Inquisitor Lord Lorrdhe commits himself to solving Khaleth system’s issues personally and places the system under inquisitorial control. | | | Steel Gauntlets under Lorrdhe’s directions purge the system of all taint of Chaos. | | | Inquisitorial fortress on Khaleth II under siege but manages to hold out. |
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http://www.warseer.com/forums/showthread.php?t=867
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| | military tribunal Military War Songs |
| | A military tribunal is a kind of military court designed to try enemy... | | | A military tribunal is an inquisitorial system based on charges brought by a... |
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http://www.songsofwar.com/military-resources/military-tribunal.php
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