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Essay / Research Paper Abstract
This 12 page paper examines the flowing quote “The Inquisitorial systems of justice offer a better quality of justice to victims, the Adversarial system lies at the root of all problems of the English legal system. Real reform can only be achieved by abandoning the adversarial system”. The paper looks at the UK system and considers the current elements and also looks at alterative system form local and international law and considers the way South Africa has introduced some inquisitorial elements without major changes to the traditional adversarial system. The bibliography cites 12 sources.
Page Count:
12 pages (~225 words per page)
File: TS14_TEadverseing.rtf
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Unformatted sample text from the term paper:
root of all problems of the English legal system. Real reform can only be achieved by abandoning the adversarial system" There
is little doubt that the justice system, in the UK is one that is adversarial, while at the root it may be argued as having an inquisitorial approach with the
way police investigation take place, but the time a case reaches the courts there are two sides, both with representation each seeking to present a case the theory being with
the facts presented the jury or judge where there is not a jury will be able to make use if the information they are given to come to the right
decision. However, this is not the way this system always work, the battle in the courts is not only between the facts, it also becomes an issue or presentation
and perception, the side that makes the best case and argues the most eloquently will stand a better chance of winning, The adversarial system is also based in the concept
that all men are equal before the law, while this may be the case theoretically, in practice it is possible that some may be more equal than others, having the
funds to hire the most experiences and persuasive lawyers that will not only be able to present facts in a beneficial way, but also pick up on technicalities that ate
in their clients favour. In the adversarial system where both parties have equal footing this is not so much of an issue, but in a system where the parties
are not equal will not have the same equality in an adversarial system The problem is also in the way the adverbial system works, the outcome is only based on
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