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CJ509

Unit3 DQ

Part 1: Topic 1: Adversarial Proceedings/Reply below

Critically discuss with your classmates the claim that adversarial proceedings can be distinguished as relying more on the government’s ability to prove guilt (following specific rules of criminal procedure the defendant’s guilt whereas the inquisitorial process spends more time on investigations to determine if the defendant truly committed the crime).

Part 2: Topic 1 Student Response #1 (Respond to John Myers)

So with the need to have over arching labels and categories that give definitions to everything, has placed legal systems into two major categories: Adversarial and Inquisitorial.  In adversarial systems, The accuser shifts from what ever individual has a complaint to the state who is responsible for determining guilt.  The state gathers evidence according to a specified procedure which is than levied against the accused and guilt is determined (Reichel, 2018, p. 124).

The Inquisitorial System views things only slightly different.  the idea is not to prove guilt directly, but that the accused did in fact commit the crime...which is the same as being guilty, but I guess someone want's to split hairs with that.  One major difference is that the defendant is expected to somehow cooperate with the investigation, instead of with the Adversarial system there is no expectation of assistance from the accused.  Most expect the accused to interfere with the investigation.

Reichel, P. (2018). Comparative criminal justice systems: a topical approach (7th ed.).

Pearson.

Part 2: Topic 1 Student Response #2 (Respond to Kristin Stiverson)

 

“The process of adjudication is typically either adversarial (also called accusatorial) or inquisitorial in nature.  Both systems have the finding of truth as a fundamental aim, and each is guided by the principle that the guilty should be punished and the innocent left alone” (Reichel, 2018, p.124).  The adversarial system is much like the legal system utilized in the United States.  The judge is presented information from two or more parties and makes a decision after being presented the information.  Additionally, the accused is not required to testify.  The inquisitional system is different from the adversarial in that the judge is much more involved in obtaining the case information.  “Actively steers the search for evidence and questions the witnesses, including the respondent or defendant” (“Inquisitorial system”, n.d., para. 2).  Therefore, the inquisitorial system has a more questioning approach to the truth versus the adversarial system, which places the accused persons rights before the truth.

Inquisitorial system.  (n.d.).  Law Library-American Law and Legal Information.                                                 https://law.jrank.org/pages/7663/Inquisitorial-System.html

Reichel, P. L.  (2018).  Comparative criminal justice systems.  Pearson Education, Inc.