The first is the Blalocks Power-Threat Hypothesis. The inquisitorial system mainly applies to questions of criminal procedure as opposed to questions of substantive law; that is, it measures how criminal enquiries and trials are conducted, not the kind of crimes for which one can be prosecuted, nor the sentences that they carry.
Even if the confession is false, juries have been known to take into consideration testimony even when told not to. So in that sense it is material that which system is good and which one bad, there is not even a single pure adversary or inquisitorial system in this world, both of them have been transformed. The English form of common law prohibited representation in court however, during the eighteenth century some courts where beginning to allow legal representation in English common law. This proposal assesses the effectiveness of adversarial and inquisitorial systems based on how well they align with legal traditions. An inquisitorial system of criminal justice offers the best system for ensuring that those guilty of committing criminal offences are convicted and that the innocent are acquitted. Thus, injury trials, the judge has a more limited role than in cases where there are no juries where the judge takes on a more active role.
This is another factor to cause change in the legal system so that truth can properly be found. Though adversarial legalism responds well to the American desires of justice and protection from harm while simultaneously respecting the societal fear of a government with too much power, it leads to extremely costly litigation and immense legal uncertainty In the above discussion I had tries to engulf mostly all the aspects of both legal systems, this comparison may be, was not in proper order but still it gives a picture of two different legal systems.
Inquisitorial and Adversarial Systems Defined and Compared In England and Wales and other common law countries such as the United States, criminal proceedings are operated on the basis of what is sometimes referred to as an adversarial system of justice. Can true justice be served when police use unethical tactics to get their confession? There are three major legal systems of legal procedure; each having their own set of rules called criminal procedure guidelines.
Language can be biased in law; the United States suffers from this weakness. This differs from the so-called inquisitorial system of justice which is employed in other legal jurisdictions including, in particular many continental European jurisdictions.
Possible Advantages of the Inquisitorial Process In inquisitorial systems the judge is involved in the investigation and in the preparation of evidence by the police, Do you want to see the Full Version?