Inquisitorialism

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Inquisitorialism

Advantages

  • Frank (1949) argued that trials are better without a Jury - jury can be tainted by the media, do their own investigations and talk to witnesses/defendants outside of court
  • Damaska (1973, 1995) argued that the outcome corresponds with reality
  • Is it better to have the state (judiciary) look for the truth, rather than leaving it to be sorted out by an argument?

Disadvantages

  • Damaska (1973) asked the question of whether the system leaves too much power in the hands of the state
  • Is it really possible to find 'the truth'

Evaluation

The advantages of an Inquisitorial system do seem to weigh out the disadvantages. Frank's theory about trials being better off without a jury is a substantial argument, as it is important to remember that the jury are just members of the general public. However, this does not necessarily mean that by getting rid of a jury that the system will be better at achieving its goal of finding the truth, as there is still room for the state (judiciary) to abuse their power. 

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