Essay 5: Emphasis in the inquisitorial system
Essay 5: Emphasis in the inquisitorial system
As in adversarial systems, the emphasis in the inquisitorial system is on finding the truth. However, each system goes about this quite differently. There is less reliance on strict rules of evidence and procedure in the inquisitorial system.
Many of the evidentiary rules of the adversary system, such as the exclusionary rule do not apply in the inquisitorial system. There is extensive use of written evidence, and witnesses are able to tell their stories, uninterrupted and in a logical form, rather than responding to specific questions. Evidence can also include character evidence (either good or bad) and information related to prior convictions. Judges are free to hear all evidence, then to determine which evidence they feel is relevant and reliable.
1) Discuss the advantages and disadvantages of not relying on strict rules of evidence and procedure in the inquisitorial system (100 words minimum).
2) List of pros and cons associated with having law violators judged by judges instead of a jury. Discuss the benefits and drawbacks of the common law and civil law systems with respect to juries (150 words minimum).
3) Imagine you are being tried for a crime. Would you prefer to have your guilt or innocence determined using the common law or civil law legal systems? Why? (100 words minimum)
Requirements: the minimum requirements are provided on each question

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