Adversarialism v Inquisitorialism

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Adversarialism v Inquisitorialism

Similarities

  • Judges in Inquisitorial system are the decider of facts, and sometimes in instances such as the Magistrates Court in an Adversarial system where there is no jury the judicial figure will also be the decider of facts

Differences

  • Inquisitorialism is more focused on finding the truth, whereas Adversarialism in more focused on a fair trial
  • Judges are dossier of facts in an Inquisitorial system, however in an Adversarial system the Jury is the decider of facts
  • In an Inquisitorial system, the judge is more involved in the court process
  • Inquisitorial trials are often a lot shorter in time than Adversarial trials as the judge already has their bundle of facts so a lot less questioning is needed
  • There tends to be no jury in an Inquisitorial system
  • There are fewer rules of evidence in an Inquisitorial system

Overall comparison

There are very little similarities between the two systems. The similarity mentioned above is not enough to label the two systems 'similar', however it does demonstrate how the absence of a jury can affect the proceedings of a trial in an Adversarial system.

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