CRMN 2031U Lecture Notes - Lecture 8: Inquisitorial System, Adversarial System, Precedent

• School: UOIT
• Department: Criminology-and-Justice
• Course: CRMN 2031U
• Professor: Steven Hayle

Document Summary

Inquisitorial trial i: no oath is taken, originated in england and has been exported around the world, particularly in english speaking countries, many of which were former british colonies (canada, the us, Inquisitorial system, 1: all relevant facts are to be placed before a court in order to judge the accused, originated in france during the post-revolutionary period during the reign of napoleon. Bonaparte: this system, along with civil legal procedure, spread across much of continental europe as a result of napoleon"s domination (i. e. germany, belgium, italy, spain, etc. ) Investigation is carried out by the judge, not the prosecution and/or the defense: these pre-trial inquiries are carried out in private, and the information does not become public until the evidence is examined at trial. Dossier: compilation of pre-trial examination evidence into a case-file, which is then presented to the judge, can include information about previous offences, and behaviour of the defendant, and hearsay!