Britain's recent acceptance of Prime Minister John Major's proposed restriction on the right of the accused to remain silent will help criminal justice little and greatly damage the open and democratic nature of society. The law allows juries and judges to draw adverse inferences from suspects' refusal to respond to questions or accusations during police interrogation or at trial. Similar laws in Ireland and Singapore have done nothing to help convict more criminals. The law shifts Britain from its existing accusatorial form of prosecution to an inquisitorial form.
Chile moved from an inquisitorial system to one that includes oral procedures, presumption of innocence, investigations by public prosecutors, improved public defense services, and administrative modernization. In open proceedings, 15 Colombian National Army soldiers were found guilty of killing ten police officers and a civilian at the behest of drug-traffickers as part of the Jamundí Massacre (May 2006). Judicial systems that have successfully implemented oral proceedings have demonstrated the value of incorporating modern management criteria in administrative oversight of the system.
... with the basic framework of an adversary system. Such a system relies chiefly on the parties to ... in the sort of magistrate-directed, inquisitorial legal system characteristic of many of the other C...
is the process of resolving disputes between parties and includes lawsuits (litigation), arbitration, mediation, conciliation and many types of negotiation. Formal processes are of two major types: 1. adjudicative processes, and 2. consensual processes. A competent and effective judge, arbitrator or mediator is important to the proper functioning of the process. In civil law systems judges are jurists who are trained in investigation techniques, the process of determining the veracity of evidence and the inquisitorial system of adjudication. The five techniques for dealing with in the workplace are: 1. advising and evaluating, 2, analyzing and interpreting, 3. reassuring and supporting, 4. questioning and probin...
The UK's decision to replace the criminally accused's traditional right to silence with the imposition of a duty to talk is a step backwards from a fair accusatorial system towards an inquisitorial system. Prof. Barton L. Ingraham's defense of this change underestimates its negative social effects on the time-honored notions of a presumption of innocence or the state's burden of proof. A moral duty to talk as described by Ingraham will lead to increased numbers of coerced confessions and wrongful convictions.
... for an accusatorial rather than an inquisitorial system of criminal justice," "our sense of fair pl...
... norms that dominate the American legal system. This departure, however, is necessary to preserve... limitations, effectuated through an inquisitorial procedure nested within our adversarial system, fi...
... case poses fundamental questions about our system of justice. As this Court has long recognized, and... "ours is an accusatorial and not an inquisitorial system." Miller v. Fenton, 474 U.S. 104, 110 (1985...
... for an accusatorial rather than an inquisitorial system of criminal justice," "our sense of fair pl...
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