Adversary vs. Civil Law Essay

The two legal systems in dubiety are the adversary system, most ordinarily pr symbolizeiced in the joined States, and the civil justness system, in all case referred to as the inquisitorial system, most commonly practiced in European countries. Both systems have the same ending to find the integrity. However, each system has a rattling different path to justice. The adversarial system implies that two parties assume opposite positions in debating the guilt or innocence of an individual. In this scenario, the judge is required to be neutral at the contest unfolding before him or her. The role of the judge in this arrangement is to ensure the discharge proceeds according to the procedural rules of trial run or due process of legality and that assure entered is done so accordingly. The basis of this approach in criminal matters in which two sides interest in debate and battle about the guilt or innocence of an charge and since each side wants to win, then the debate will boost a critical look at the issues and the evidence to be examined by both parties.See moreMasters of Satire John Dryden and Jonathan lively EssayBy engaging in this discourse, the righteousness should emerge as the judge watches on. This means that the roles played on both sides are very distinct. The defense counsel as one adversarial party gather the arguments to stage the client and attacks the credibility and worthiness of the evidence presented. The prosecutor puts forth the arguments on behalf of the state and gathers and presents the evidence pointing that the acc apply has committed an offense. The judge is the referee and ump on issues related to clarifying what the law is. The judge does not put in on any side except where procedural fairness is jeopardized by either party as dictated by the Sixth Amendment. In an inquisitorial system, a judge is involved in the preparation of evidence along with the police and in how the various parties are to present their elus ion at the trial. The judge questions witnesses in depth and basin even bawl witnesses to appear while prosecution and defense parties can ask espouse up questions. The judge plays the central role in finding the truth and all the evidence that either proves the innocence or guilt of the accused before the court. The judge takes on the role of prosecutor and judge in the inquisitorial system. Some other major distinctions is that there are no jury trials in an inquisitorial system and a judge can force an accused to make statements and answer questions. This differs dramatically from the common law and adversarial right not to take the stand in ones witness defense. In my opinion, I prefer an adversarial system. I think it does a better job of protecting the rights of those accused of crime than does the inquisitorial system. integrity of the key reasons for this is the use of juries in an adversarial system. In an inquisitorial system, resolve correct the facts, and then mak e their conclusion. Often a small number of judges would make that decision, and perhaps even just one man. In contrast, a jury is made up of 12 people, not always which allows for a broader range of experiences and opinions, which ought to secure more consideration of what has been proved. Another weakness of the inquisitorial system is the role that the judges play. Not only do they act as the judge and the jury, they will often act as prosecutors.This is a huge conflict of interest, and is extremely harmful to the accused. A judge who is also acting as a prosecutor is not going to be unbiased, and will not act as a neutral decision maker. In an adversarial system, however, the prosecutor is separate from the judge, and appears before the judge like any other lawyer. The United State could never use the civil law system because of Constitutional problems. For instance, to avoid putting responsibility for the search of truth in the hands of judicial agents of the state the Sixth A mendment guarantees the right to trial by jury but of course civil law countries largely do not use juries except for certain countries in expectant cases. Other rights include the right to effective council to testify on his/her behalf to secure the testimony of others to confront accusers and the right to cross examination. The Fifth Amendment privilege of self-incrimination only limits the powers of the states. Good job identifying multiple constitutional problems and pointing out where the protections are tack together in the Constitution. Case in Point State of New Mexico v Valdez, 95 N.M 70 (Supreme Ct. of N.M., 1980) underline or italicize case reference The defendant in this case, Richard Valdez, had been convicted of armed robbery in a soil court. He appealed since a fellow inmate, Richard Garcia, had confessed to the crime in front of his causation attorney, Alice intimidate, who was a public defender. Also present during the confession was Garcias attorney, a publ ic defender under bullyrag, the district public defender. This attorney warned Garcia that Hector was not his attorney and any statement Garcia made would be used at the defendants trial and could be detrimental to his own interests. Garcia repeated his confession to Hector and indicated his willingness to testify on defendants behalf. Garcia later changed his mind and exercised his Fifth Amendment right refusing to testify. The court upheld an objection to Hectors testimony of the confession based on attorney-client privilege. Although Ms. Hector was not directly involved in the representation of Garcia, her staff was, and all entropy obtained by them was thereby imputed to her.