首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
考研
There are two major systems of criminal procedure in the modern world—the adversarial and the inquisitorial. Both systems were h
There are two major systems of criminal procedure in the modern world—the adversarial and the inquisitorial. Both systems were h
admin
2019-04-17
23
问题
There are two major systems of criminal procedure in the modern world—the adversarial and the inquisitorial. Both systems were historically preceded by the system of private vengeance in which the victim of a crime fashioned a remedy and administered it privately, either personally or through an agent.
The modern adversarial system is only one historical step removed from the private vengeance system and still remains some of its characteristic feature. For example, even though the right to initiate legal action against a criminal has now been extended to all members of society(as represented by the office of the public prosecutor), and even though the police department has effectively assumed the pretrial investigative functions on behalf of the prosecution, the adversarial system still leaves the defendant to conduct his or her own pretrial investigation. The trial is viewed as a forensic duel between two adversaries, presided over by a judge who, at the start, has no knowledge of the investigative background of the case. In the final analysis the adversarial system of criminal procedure symbolizes and regularizes punitive combat.
By contrast, the inquisitorial system begins historically where the adversarial system stopped its development. It is two historical steps removed from the system of private vengeance. From the standpoint of legal anthropology, then, it is historically superior to the adversarial system. Under the inquisitorial system, the public prosecutor has the duty to investigate not just on behalf of society but also on behalf of the defendant. Additionally, the public prosecutor has the duty to present the court not only evidence that would convict the defendant, but also evidence that could prove the defendant’s innocence. The system mandates that both parties permit full pretrial discovery of the evidence in their possession. Finally, an aspect of the system that makes the trial less like a duel between two adversarial parties is that the inquisitorial system mandates that the judge take an active part in the conduct of the trial, with a role that is both directive and protective.
Fact-finding is at the heart of the inquisitorial system. This system operate on the philosophical premise that in a criminal action the crucial factor is the body of facts, not the legal rule(in contrast to the adversarial system), and the goal of the entire procedure is to attempt to recreate, in the mind of the court, the commission of the alleged crime.
Because of the inquisitorial system’s thoroughness in conducting its pretrial investigation, it can be concluded that, if given the choice, a defendant who is innocent would prefer to be tried under the inquisitorial system, whereas a defendant who is guilty would prefer to be tried under the adversarial system.
Questions:
What are characteristics of the inquisitorial system? Please make a brief summary.(4 points)
选项
答案
a. It favors the innocent and encourages full disclosure of evidence.(The public prosecutor has the duty to investigate on behalf of society as well as the defendant, and present the court not only evidence that would convict the defendant, but also evidence that could prove the defendant’s innocence.) b. It is based on cooperation rather than conflict and requires that the judge play an active role in the conduct of the trial.
解析
转载请注明原文地址:https://kaotiyun.com/show/s6ra777K
本试题收录于:
翻译硕士(翻译硕士英语)题库专业硕士分类
0
翻译硕士(翻译硕士英语)
专业硕士
相关试题推荐
请列出美国《联邦派文集》(TheFederalistPapers)作者中的两位。
PopstarstodayenjoyastyleoflivingwhichwasoncetheprerogativeonlyofRoyalty.Wherevertheygo,peopleturnoutinthe
MillionsofelderlyGermansreceivedanoticefromtheHealth&SocialSecurityMinistryearlierthismonththatstruckadamagi
Workersinthiscountryaregettinghigherwageswhileturningoutpoorproductsthatdonot______thetestofinternationalco
Thenotionthataparasitecanalterthebehaviorofahostorganismisnotmerefiction;indeed,thephenomenonisnoteven___
Ingeneral,oursocietyisbecomingoneofgiantenterprisesdirectedbyabureaucraticmanagementinwhichmanbecomesasmall,
ThescienceoflinguisticshashelpedtoreconstructthelongroadtheancestorsofmoderndayIndianstraveledinNorthAmerica
DiscussionoftheassimilationofPuertoRicansintheUnitedStateshasfocusedontwofactors:socialstandingandthelossof
Thiscompanyhasnowintroducedapolicy______payrisesarerelatedtoperformanceatwork.
Theterm"IceAge"maygiveawrongimpression.TheepochthatgeologistsknowasthePleistoceneandthatspannedthe1.5to2.
随机试题
《悲怆交响曲》是( )的代表作之一。
诊断癌的主要依据是
白豆蔻作用偏于
A.药品经营企业B.首营企业C.首营品种D.药品直调E.处方调配销售药品时,营业人员根据医生处方调剂、配给药品的过程称为()。
某场道工程施工总承包合同额为880万元,工期为10个月。承包合同规定:(1)工程预付款的额度为15%。(2)工程预付款从未施工工程尚需的主要材料及构配件价值相当于工程预付款时起扣,每月以抵充工程款的方式陆续收回。主要材料及构件费比重按65%考虑。(3
根据增值税法律制度的规定,下列应税行为中,应按照交通运输服务缴纳增值税的是()。
曾有新闻报道,一位家长带着两个孩子逛商场,两个孩子从玻璃扶栏上掉下,当场死亡,这使家长陷入无限的哀痛和自责中。同样,获得了第89届奥斯卡金像奖最佳影片和最佳导演提名的电影《海边的曼彻斯特》,片中人物李,因为自己的过失导致三个幼子葬身火海。李在事情发生多年之
与高级神经活动类型抑制型相对应的气质类型是()。
现在市面上电子版图书越来越多,其中包括电子版的文学名著,而且价格都很低。另外,人们只要打开电脑,在网上几乎可以读到任何一本名著。这种文学名著的普及,会大大改变大众的阅读品位,有利于造就高素质的读者群。以下哪项如果为真,最能削弱上述论证?
【B1】【B19】
最新回复
(
0
)