Hong Kong Magistrates Trials are more inquisitorial than adversarial When an offence has been committed t present is a moral and social obligation that the culprit be tried and convicted. Every criminal justice tack together has devised a mechanism to bring about this desired effect. The guess here demands an investigation of the both modes of endeavor that are implemented in the democratic world and whether the system employed in the Hong Kong Magistrates leans to integrity system over the other. Adversarial system: Ask any layman and his/her perception of a criminal ravel impart be akin to an adversarial model. As the name suggests the trial is conducted between two parties (the defence representing the accused, the prosecution representing the victim ) going against one another, with a neutral tag or jury to be the concluding arbiter in determining which side of the facts represents the truth. The main birth of this mode of trial is that the truth is established by nub of a contest between the two parties. Inquisitorial system: In contrast to the above, in an inquisitorial trial the prosecution is represented by the state and it is his/her obligation to see the relevant facts of the case. The think has the pivotal map of establishing the truth.
Hence, he will be actively involved in the trial impact and not surprisingly the defendant will largely be questioned by the judge. The advocates sole(prenominal) mother a minor role to play, asking supplementary questions or objecting to them. By looking at the definitions at one succession can see that there is no re ason whence rule of law principles such as! due process, transparency etc. cannot be upheld by either system. Hence, on a substantive level both systems are the same and the yet difference is procedural. A state committed to uphold the rule... If you nip to get a full essay, order it on our website:
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