Accusatorial Trial

Accusatorial Trial

 

a type of criminal trial that existed in ancient Greece, ancient Rome, and other ancient slaveholding states, as well as, in somewhat modified form, in the feudal states of the early Middle Ages. The accusatorial trial was a dispute between the victim, who initiated the case and acted as prosecutor, and the person against whom the accusation was made. The gathering and submission of evidence was considered the exclusive right of the parties involved; the court’s sole function was to see that established rules of pleading were observed and to reach a decision based on the evidence and arguments presented. The trial was generally conducted orally and in public.

Later, for example, in imperial Rome, the accusatorial procedure was increasingly combined with elements of the inquisitorial trial, which finally supplanted the accusatorial trial between the 13th and 15th centuries.

References in periodicals archive ?
CONTENTS I The Main Task of Modern Lawyers II Some Basic Rules of Approach III Digging Deeper for Meaning IV A Bank Robbery and Carr's Case A The Facts B The Decisions of the Courts C The Applicable Statutory Provisions V Text, Context and Purpose in Carr A The Text B The Context C The Purpose or Policy VI Digging Further for 'Deep-Lying' Considerations A Constitutional Bedrock B History and Law Reform C Accusatorial Trial D Policy and Public Officials VII The Challenge of Explanation and Persuasion
55) The accusatorial trial is not always understood by the general public, nor even among trained lawyers; yet it is crucial for the character of our society and for maintaining proper controls over the intrusion of the organised state into the lives of individuals.
Programs provided through the Merida Initiative will provide thousands of hours of specialized training and consultations for judges, lawyers, legal educators, and court staff designed to help transform Mexico's judicial sector and assist the implementation of accusatorial trials.