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The adversarial system, adversary system, accusatorial system[1] or accusatory system[2] is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. [3][4 ...
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily ...
Massiah v. United States, 377 U.S. 201 (1964), was a case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution prohibits the government from eliciting statements from the defendant about themselves after the point that the Sixth Amendment right to counsel attaches.
The Supreme Court began its decision with the idea that the Sixth Amendment right to counsel "plays a crucial role in the adversarial system embodied in the Sixth Amendment". Even after McMann v. Richardson stated in dictum that "the right to counsel is the right to effective counsel" confusion persisted in Circuit Courts about the standard for ...
Allowing, for appellate review, the state and defense an opportunity to object on the record is a central element in an adversarial system of justice, Alkon said. “It’s a problem if a court ...
Prosecutor. Typically required to be authorised to practice law in the jurisdiction, law degree, in some cases a traineeship. A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law.
Typically during an attorney's closing argument, they will repeat any admissions made by witnesses that favor their case. In the United States, cross-examination is seen as a core part of the entire adversarial system of justice, in that it "is the principal means by which the believability of a witness and the truth of his testimony are tested."
Development of the French criminal justice system has important roots in ecclesiastical law of the Roman Catholic Church. While England was moving towards the adversarial system of criminal justice, in France was laying the basis for the inquisitorial system. This goes back to the medieval church's efforts to investigate and eliminate heresies.