Legal System - Accusatorial | Inquisitorial System

Accusatorial System 

• This system is also know as Adversarial system.

• In this system, the duty of the parties in the legal proceeding is to develop the evidence. Each party constructs their own view of the case and gathers facts to support it. 

• These parties are assisted by their lawyers .

• The lawyer plays an active. He gather evidence and even participate in cross examination and analysis of evidence given by the other side.

• In this system an accused has the right to remain silent. 

• Another feature of this system is that it offers bail.

• The Judge plays a passive role. 

• Their aim is to get through open argument between prosecutor and defence lawyer. The judge makes a decision based on the evidence, cross-examination, and examination.

Advantages 

1. It is regarded as being fair and less abuse-prone.
2. It gives the police power. 
3. It correctly upholds the rights of the parties who are defending and accusing.
4. It gives both parties the opportunity to prove their claims.
5. It discourages partiality.

Disadvantages

1. It forces both sides to engage in conflict with one another.
2. It uses a costly procedure.
3. It might result in unfairness.
4. It might lead to decisions being forced by arguments rather than by evidence.
5. It has accessibility problems.

 Inquisitorial System

• In this system, the lawyers plays a passive role.

• In this system, the judges plays an active role. 

• He determines the relevant dispute's facts and problems. The judge also determines the format in which the evidence must be presented in court, such as whether it should be oral, written, or a combination of both. In the end, the judge will determine the case based on their evaluation of the evidence. Because of such an active role of judge , such system of legal setting is also known as Interventionist or investigative model.

• In this system, the accused cannot remain silent. If he remain silent then it means he is guilty .

• Even this system offers bail.

• This system's general goal is to discover the truth by conducting a thorough inquiry and evaluating all available evidence.

• Here all the references are presented by the judge and judge is called as Fact Finder.

Advantages 

1. It enables the legal system to participate actively in the processes.
2. It lessens the benefits of wealthy in the legal system.
3. It is a system that includes independent review.
4. It is a system that does not exempt anyone.
5. It allows an uninterrupted Account of a Witness.

Disadvantages

1. It is a system that may be greatly impacted by corruption.
2. It requires people to trust in the government to achieve a just result.
3. It can place the final judgment in the hands of a single individual.
4. It does not provide a right to silence like an adversarial system.
5. It reduces the chances that someone will have to protect oneself.