The Inquisitorial System of Criminal Justice

Paper Summary:

This paper is an in-depth examination of the key arguments in the debate currently going on in Britain over whether or not to replace its adversarial system of justice and replace it with the inquisitorial system of justice now used in the European Union. The paper begins by defining both the adversarial and inquisitorial systems of justice. It then presents arguments in support of the Inquisitorial Model including that the system promotes equality; decreases miscarriages of justice; seeks to find the truth; argues that the judges in the adversarial system are poorly trained while its judges are chosen on merit. The author then presents their arguments against the use of the Inquisitorial Model and makes the following points about the inquisitorial system including that it ignores human dignity; that it will cause false imprisonment; argues that the European Union will be allowed to prosecute British Citizens and will therefore render British Law powerless; argues that it will lead to the destruction of the Magna Carta and finally, argues that the system can be costly. The author then presents a final evaluation of the materials presented and details their own conclusions as to which system is better suited for use in Britain.

From the Paper:

"Opponents of implementing the inquisitorial system argue the efficacy of the adversarial system. These opponents note that there are clear advantages to the current British system which include. The right of Habeas Corpus (that the accused must be taken to a public court within a very short period of time, usually 24 hours, and the accusers must produce their evidence then and there. The right to Trial by Jury at which jurors can in fact even disregard the law if they think it would give an unjust conviction. The jurors are thus 'sovereign'. If found innocent, the accused cannot be tried again on the same charge. (Corpus Juris and the Effect on British Common Law Rights)"

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