inquisitorial

(redirected from Inquisitorial system)
Also found in: Dictionary, Thesaurus, Legal, Wikipedia.

inquisitorial

Law denoting criminal procedure in which one party is both prosecutor and judge, or in which the trial is held in secret
References in periodicals archive ?
20) Unlike adversary systems, which prize rules of evidence and procedure, inquisitorial systems generally disfavor rules that might obstruct uncovering the truth.
not all, of the rest of the world has the inquisitorial system, in which
O'Reilly then argues that the change in English evidential law in recreating an adverse inference of guilt from the defendant's failure to explain his conduct at police interrogations or at his trial represents a move towards an inquisitorial system of criminal justice that does not recognize a presumption of innocence.
For critics of legal ethics in the adversarial system, one of the attractions of the inquisitorial system lies in the perceived primacy of truth and the moral activism of lawyers practising within it.
This response might require adjustment of the procedural law, but in general the adversary system is more successful than the inquisitorial system in making sure that false acquittals greatly outnumber false convictions.
By contrast, confession was the essential component of the inquisitorial system employed by the ecclesiastical courts.
The UAE uses the inquisitorial system, which is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defence.
And, under the inquisitorial system prevalent in Continental Europe and extended to Britain and Ireland via the EAW, no charge or even evidence need be laid, allowing periods of detention without trial which in practice are indefinitely extensible.
States are also using hybrid systems, trying cases grandfathered under the old inquisitorial system and new cases under the accusatorial system.
At the same time, all defendants--not just those who refuse to plea bargain--would go to trial, because an inquisitorial system does not permit guilty pleas.
Key Words: Criminal law, adversary system, inquisitorial system, substantive law, adjective law, criminal justice.
The criminal justice system in Afghanistan is modeled on the Italian inquisitorial system of justice.