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Judges in an adversarial system are impartial in ensuring the fair play of due process, or fundamental justice.Such judges decide, often when called upon by counsel rather than of their own motion, what evidence is to be admitted when there is a dispute; though in some common law jurisdictions judges play more of a role in deciding what evidence to admit into the record or reject.
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 .
Trials are usually held in front of a panel of judges, but there are numerous exceptions, and in cases one judge may preside. The trial itself follows the adversarial system, with some aspects of the inquisitorial system mixed in, in accordance with the 1958 code of criminal procedure, and is public, oral, and hearing the parties involved. The ...
In an inquisitorial system, the trial judges (mostly plural in serious crimes) are inquisitors who actively participate in fact-finding public inquiry by questioning defense lawyers, prosecutors, and witnesses. They could even order certain pieces of evidence to be examined if they find presentation by the defense or prosecution to be inadequate.
An examining magistrate is a judge in an inquisitorial system of law who carries out pre-trial investigations into allegations of crime and in some cases makes a recommendation for prosecution. Also known as an investigating magistrate , inquisitorial magistrate , or investigating judge , the exact role and standing of examining magistrates ...
In contrast to the adversarial system used by common law countries, the German system of criminal (and administrative) procedure is inquisitorial. Rather than allowing cross-examination between the defense and prosecutors, the judges conduct the majority of the trial. During a trial, the parties are expected to give all their evidence to the ...
The process to determine an individual's competency to stand trial is long and full of bottlenecks. A state commission is reviewing how to improve that process.
It was a new, less arbitrary form of trial that replaced the denunciatio and accussatio process [11] which required a denouncer or used an adversarial process, the most unjust being trial by ordeal and the secular Germanic trial by combat. These inquisitions, as church courts, had no jurisdiction over Muslims and Jews as such, to try or to ...