Adversarial vs. Inquisitorial Justice Systems

855 Words Feb 4th, 2018 3 Pages
The terms adversarial and inquisitorial are used to describe types of justice systems in which represent common law and civil law respectively. The adversarial system is a legal system where two parties’ positions are represented before an unbiased judge or a jury who attempt to determine the truth behind the case. In an inquisitorial system, a judge contributes to the preparation of evidence along with how the different parties are to present their case at the trial. The judge plays the role of finding the truth and all the evidence that either proves the innocence or guilt of the accused. The adversarial system is clearly the more impartial and accurate way to determine the truth within a case.
The adversarial system has many great aspects which makes it the desirable system. In an adversarial system, the police and defence are responsible for gathering evidence, and an evaluation of that evidence is done by an unbiased judge. Judges play a role like a referee at a sporting event and the prosecutor and defence counsel are the athletes. They watch the game and blow the whistle when they see unfair gameplay. Canada and the United States have an adversarial justice system. This depicts how first world countries use an adversarial system over an inquisitorial system because they recognize that it is superior in that it is a fairer justice system. In an…
Open Document