CANADIAN COURT.edited.docx - Running head CANADIAN LAW SYSTEM Adversarial versus Inquisitorial Systems Students Name Institution Affiliation 1 CANADIAN

CANADIAN COURT.edited.docx - Running head CANADIAN LAW...

This preview shows page 1 - 4 out of 7 pages.

Running head: CANADIAN LAW SYSTEM 1 Adversarial versus Inquisitorial Systems Students Name Institution Affiliation
Image of page 1
CANADIAN LAW SYSTEM 2 Adversarial versus I Inquisitorial System In Canada, the court system is made from a judicial branch of government. The jurisdiction separates many court levels. The courts are mainly federal, while others are territorial or provincial. The federal government legislates criminal law while civil law is under provincial courts. Administration of justice is under provincial court territories undertaking all cases being civil or criminal. In Canada, the adversarial system is used in the courts-a system in which two advocates are used to represent their parties in ordinary law courts for a position or case. They are mainly judges or juries who pass judgment by attempting to determine the truth. This system contradicts the inquisitorial system whereby the judge is the one who investigates the case, and they are commonly used in civil law, especially those emerging from Napoleonic and Roman law. In the adversarial system, the prosecution is put against the defense since it is a two structured criminal trial. Compelling the accused to give evidence during the adversarial proceedings does not happen for the prosecutor, or the judge may not question. The adversarial system has shaken confidence for the past years in how wrongful convictions are discovered for criminal justice. In Canada, the wrongful convictions have increased awareness, with the Supreme Court being not in a position to determine whether to issue the death penalty or not to the offenders. Through the use of the adversarial system, convictions against innocent people have taken place when determining criminal justice. These wrongful convictions are based on faulty information sources such as police tunnel vision, eyewitness, faulty scientific, and false confessions (Charette et al.,2015). In preventing wrongful convictions, Kent Roach says the inquisitorial system might be better than the adversarial system for having come across criminal trial judgment. He finds that criminal trial has turned to be a game for in many cases, it lacks the search for truth.
Image of page 2
CANADIAN LAW SYSTEM 3 Assumptions are made In that the inquisitorial systems do not have wrongful convictions.
Image of page 3
Image of page 4

You've reached the end of your free preview.

Want to read all 7 pages?

  • Spring '15
  • James

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors