The Inquisitorial and Adversarial Systems of Justice

568 Words Jan 28th, 2018 2 Pages
The common law system was brought over to Australia in the year 1788. The courts of Equity were developed due to the common law courts are ‘unjust’. These courts introduced fairness into our common law system.

The Inquisitorial and Adversarial systems are systems used to serve justice to the community. Both systems have the same jobs of determining if the accused is guilty or innocent but have different ways of concluding to the truth.

In the inquisitorial system the judge is the central evidence gatherer and directs the trial to get to the truth, he then questions the witness and examines evidence of a case in private and comes to a decision. The judge plays the detective law and fact finder role that looks into facts and evidence. No burden of proof is necessary and no jury is used in the inquisitorial system instead a panel of judges to decide on a case. This is better than having a jury because they are qualified and experienced in this field. The jury may not have legal background knowledge and wouldn’t be able to make the right decision as the other panel of judges would. The Inquisitorial system is much faster, more efficient and also a less expensive process than the adversarial system.

The ACT Legal Aid Commission has suggested that Australia's legal system adopt aspects of the European "inquisitorial'' court process and…
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