The role that a judge plays in each system

1. Define each system of justice (adversarial and inquisitorial).
2. Describe the role that a judge plays in each system. Please be as specific as the article will let you.
3. Based on the article and your experience, which system do you think is more likely to dispense justice more fairly? Why do you think this (support your answer).

Sample Solution

The role that a judge plays in each system

The role of public prosecutors may differ depending on the legal tradition adopted in a particular country. Two types of legal traditions dominate the nature of investigation and adjudication around the world: adversarial and inquisitorial legal systems. Common law countries use an adversarial system to determine facts in the adjudication process. The prosecution and defense compete against each other, and the judge serves as a referee to ensure fairness to the accused, and that the legal rules criminal procedure followed. The inquisitorial system is associated with civil law legal systems, and it has existed for many centuries. It grants more power to the judge who oversees the process, whereas the judge in the adversarial system serves more as an arbiter between claims of the prosecution and defense (Dammer and Albanese, 2014; Reichel, 2017).

ercise of this power of punishment can not be arbitrary, but must be exercised in accordance with the rules of political and social consensus, or the rules of unanimous consent of their authorized representatives. This is the origin of legislative and administrative power, and the reason for the emergence of the government and the political society itself.

The purpose of the government is to protect private property. As long as a man separates anything from its natural state of existence, it has been mingled with his labor, that is, with all his own things, and thus it becomes his property. In other words, labor adds something to the natural things so that they become the private property of workers. Labor creates wealth, and money expands wealth. People have property rights in the natural state. The purpose of the government after its establishment is to protect private property, and it must not be infringed on. Therefore, without the consent of the people themselves or their representatives, the government should never impose taxes on the people’s property.

Rule of law and decentralization. The state must be governed by formally promulgated, long-term and effective laws, rather than by temporary arbitrary orders. Once the law is enacted, everyone must obey it equally, no matter whether rich or poor, noble or low. No one can evade the restraint and sanction of the law under any pretext. There are three kinds of state power: legislative power, executive power and foreign power. Legislative power is the supreme power of the state, but it is not, nor can it be absolutely arbitrary with regard to people’s lives and property, and can not take any part of anyone’s property without his consent. Because the same group of people have the power to formulate and enforce laws at the same time, it will tempt people’s weaknesses to seize power, so the legislative power and executive power should be separated. Although there are differences between executive power and foreign power, the two powers are almost always united.

“Non-secular morality” and “secular morality” are my terms. “Non-secular morality” can be described as the morality that does not talk about interests but only about virtue itself; “secular morality” is the morality that needs to be proved by reference to public welfare. In my analysis, Locke separated God’s “law enforcement power” by distinguishing the two kinds of morals. The “right of reward and punishment” in “God exercises the right o

This question has been answered.

Get Answer
WeCreativez WhatsApp Support
Our customer support team is here to answer your questions. Ask us anything!
👋 Hi, Welcome to Compliant Papers.