Essay On Adversarial System Vs Inquisitorial System

Superior Essays
In modern society, the perception of the courts is viewed with the most respect and authority to dispute the conflicts that arise from disputes regarding essences of the law. The judicial system throughout the world consists of three separate entities in a trial that leads to a legal ruling in regards to criminal law. The defense is responsible for providing a defense for the defendant as well as being able to ensure the protection of his rights. The prosecution represents the government and is responsible for establishing guilt of the defendant. In the midst of the two sides is the judge who is responsible to ensure court proceedings are properly held and to establish a verdict of the accused using evidence and witness testimonies attained by the defense and prosecution. While, the entities and procedures of courts are relative consistent throughout the world, courts that rule over criminal law utilize two different systems: the adversary system …show more content…
However, the fact that benefits of establishing an Inquisitorial system outweighs the consequences of the adversarial system. The adversarial system focuses on the concept of winning and the fact that the parties are competing for political gain has a chance that the case will be skewed with the conflict between the two parties and the fact that the ideal of the adversarial system stem from hiding the actual truth of a case of law instead of expressing the truth and equal ideas and opportunities for all levels of social status that was first characterized during the founding of the United States as expressed in the declaration of independence. An inquisitorial system will be able to negate the chance for evidence to be concealed and the fact that two opposing parties would not primarily focus on personal gain. The utilization of the Inquisitorial system will be able to express the primary ideals of truth and justice in a court of

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