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Prosecutor Marcia Clark followed with a statement laying out the facts proving Simpson’s guilt that the prosecution would establish during the trial

Adversarial And Inquisitorial Systems Of Justice

 

Adversarial and inquisitorial systems of justice represent two different means of conducting trials with adversarial systems used in common law jurisdictions such as England and the inquisitorial system being prevalent in mainland Europe. This essay will outline the characteristics of each system and consider which one is best suited to the assessment and evaluation of facts.

 

The adversarial system is based on the opposing sides acting as adversaries who compete to convince the judge and jury that their version of the facts is the most convincing. The lawyers are given free choice in terms of which issues are presented, what evidence to adduce in support of their submissions and what witnesses to call. The judge presides over the trial and rules on disputed issues of procedure and evidence, asking questions of the witness only to clarify evidence, and concludes the trial by summing-up the facts for the jury and advising them of the relevant law. It is not open to the judge in an adversarial system to enquire beyond the facts and evidence that are presented by the opposing lawyers; his role is largely passive; he is an impartial referee who advises the jury on matters of law.

 

This differs dramatically to the role of the judge in an inquisitorial system which is based, as the name suggests, on an inquiry into the case thus the judge is not limited to hearing the submissions of the parties but can direct the lawyers to address specific points or to call particular witnesses. The title of the presiding judge as ‘juge d’instruction’ which translates as ‘investigating magistrate’ in the French criminal justice system gives in indication of the role of the judge in directing proceedings.

 

Source: https://www.lawteacher.net