POLI 330 Lecture Notes - Lecture 12: Tabula Rasa, Inquisitorial System, Adversarial System
2 Oct 2014
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Document Summary
Contrasts in criminal procedure between inquisitorial and adversarial procedures: numerous and major and affect how the trial plays out. Idea different participants in the criminal case will judge for themselves what kind of information is relevant or not. Will judge with the law in mind as to what information is prejudicial or not found. General principle the more information the better. Few rules for how you exclude certain pieces of information if they are: adversarial system has numerous and rigid rules of evidence. Rules that prohibit the use of hearsay evidence, illegal searches. Rules of evidence determine which piece of evidence will make it into a trial and which will be excluded from consideration. There is an expectation of cooperation amongst the accused and fewer guarantees of self incrimination. Innocent parties would have less of a reason to withhold information. No point in the trial where you actually enter a plea.
