Adversarial System Vs Inquisitorial System Essay

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Criminal procedure is made up of laws and rules, these laws and rules govern the process under which crimes are investigated, prosecuted, adjudicated, and punished. Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. The federal government, states, and municipalities have their own criminal codes, outlining the types of conduct that constitute crimes. Federal crimes deal with incidences that either expand beyond state boundaries or directly impact federal interests. The process usually begins with a formal criminal charge and results in an acquittal or conviction of the accused (
The United States
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China uses a civil law inquisitorial system rather than common law adversarial system. In an inquisitorial system, the presiding judge is essentially responsible for gathering the evidence necessary to resolve the case. The judge actively searches for evidence and questions the witnesses. Attorneys play a more passive role; the attorney’s questions are often very brief because the judge tries to ask all the questions. Whereas the adversarial system has both sides dispute, in the hope that the truth will unravel. The objective to both the adversarial system and the inquisitorial system is to find the truth. In China a procurator represents the interest of the state and the defendant, unless legal counsel represents the defendant. Jury trials do not exist in china, therefor, judges come to a verdict and judicial decisions are determined by majority rule. According to the Chinese constitution, unlike the United States, witnesses typically don’t have to come to court which makes it a lot harder for the defense to challenge their statements. The United States has the motto “Innocent until proven guilty” whereas in China its “Decision first, Trial

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