Law 3101A/B Study Guide - Quiz Guide: Inquisitorial System, Adversarial System, Flight Controller
16 Oct 2018
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Inquisitorial and adversarial procedures inquisitorial system: - main roles are for the judge. Criminal cases: main role is for public prosecution (responsibility to find out wether a crime has been committed to get criminal conviction+ responsibility to avoid unjust punishment) Civil cases: judge conducts fact finding himself, questions witnesses adversarial system: - criminal cases: - police and public prosecution is on the one hand, on the other suspect and his counsel have equal standing. Judge makes sure that the contest is fought out via rules. Judge or jury will determine who has won the contest. Police is responsible for the investigation (with a bit of say from the prosecutor) Police may ask defendant, but must advise that they may have the assistance of legal council. Civil cases: - judge is only referee, leaving procedure to the parties. Claimant determines what proceedings will be about and scope of contents the defences will not be altered by court.
