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
27
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’s the author’s attitude towards the inquisitorial system?(3 points)
选项
答案
The author is satisfied with the inquisitorial system which believes in that in a criminal action the crucial factor is the body of facts, not the legal rule(in contrast to the adversarial system). In addition, it is thorough in conducting its pretrial investigation and has potential for uncovering the relevant facts in a case.
解析
转载请注明原文地址:https://jikaoti.com/ti/e5VUFFFM
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。
()alwaysused"i"insteadof"I"torefertohimselfasaprotestagainstself-importance.
OfallthecatastrophesthatcouldbefallAmericaincomingyears,abigterroristattack,perhapsevenbiggerthanthoseonSep
Allofuswouldhaveenjoyedthepartymuchmoreifthere______quitesuchacrowdofpeoplethere.
Despitethefactthatthecommission’sreporttreatsavitallyimportanttopic,thereportwillbe______readbecauseitsprose
IndigenousAustraliansbelievethatreconciliationisnecessarybutthegovernmentshould,mostimportantly,makeaformalapolo
Plagiarismingraduationthesisisbecominganindisputablefact.Whatdoyouthinkaboutit?Writeanessayofabout400words
Afteryearsofnegotiation,aninternationalagreementtoconserve______speciesandecosystemshasfinallybeenchanged.
ThenewtechnologicalrevolutioninAmericannewspapershasbroughtincrease______,awiderrangeofpublicationsandanexpans
Childrenofparentsworking______schedulesoroutsidestandarddaytimeworkinghoursarelikelytohavelowercognitiveskills
随机试题
在配刮CA6140型车床的刀架下滑座与溜板问的镶条时,应确保镶条大端有()mm调整量。
公平理论的提出者是()
胎膜早破的护理措施包括
麻疹减毒活疫苗复种的年龄为
迅速减轻卓-艾(Zollinger-Ellison)综合征症状,应首选
病人口淡乏味,常提示的是()
A、0.3~0.6gB、0.06~0.6gC、0.03~0.06gD、0.1~0.3gE、0.2~0.4g天仙子内服的用量
下列关于标准物质的描述中,正确的有_________。
在天平上重复称量一重为a的物品,假设各次称量结果是相互独立且同服从正态分布N(a,0.22),若以表示n次称量结果的算术平均值,则为使,n的最小值应不小于自然数________________(Ф(1.96)=0.975,Ф(1.64)=0.95).
占有重要地位
最新回复
(
0
)