POLI 330 Lecture Notes - Lecture 6: Inquisitorial System, Adversarial System
15 Apr 2019
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Document Summary
The main difference between how criminal trials are run in common and civil law systems stem from the fact that civil law system has an inquisitorial process and common law system has what"s called an adversarial criminal trial process. May bring images of inquisition- not the reason that"s what it"s called. Reason is that it relies above all on the inquiry and investigation. Relies above all on the competition of the two sides- defence and prosecution. Inquiry of the facts of the case where everybody is collaborating. How they envision the role of the accuser in the criminal trial- who is the entity that brings the case against defendant and accuses them of committing whatever crime. The accuser is really the victim and the state is representing the state interest in establishing truth in each case. Separation between the private accuser who is the victim and the state.
