~~~Caged ~~~

~~~Caged ~~~
Gorillas Fighting 4 Change

Friday, February 3, 2012

Our Administrative System of Criminal Justice

http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=3485&context=flr


Great read on Inquisitional system versus the adversial system in our criminal justice system ~~ Click on link above to read entire Fordham Law document written by Gerald E Lynch



LAWYERS in the common law tradition like to emphasize the differences between the Anglo-American "adversarial" system of criminal justice and the continentalor civilian "inquisitorial" system. The conventional U.S. lawyers tends to glorify the American system, which is claimed to be more protective of liberty, more democratic, and less dominated by agents of the government establishment than the civil law tradition, thanks to the role of the lay jury, the formal equality between the representatives of the government and of the defendant, and the "neutral" independence of the judiciary. Increasingly, however, academic experts-and occasional public commentators influenced by them-tend to make the same sharp comparisons wisdom among  with a reverse twist, praising the inquisitorial system as more rational, more effective, and even more careful to avoid conviction of the innocent, thanks to the dominance of professional judges with a mandate for finding the truth.........

No comments:

Post a Comment