Hong Kong Magistrates trials are more inquisitorial than adversarial. Discuss

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 perpetrator be tried and convicted. Every criminal justice tack has devised a mechanism to bring about this desired effect. The guess here demands an investigation of the cardinal modes of endeavor that are utilize in the democratic world and whether the system employed in the Hong Kong Magistrates leans to bingle system over the other. Adversarial system: Ask any layperson 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 feature article of this mode of trial is that the truth is estab lished by substance 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 assay has the pivotal map of establishing the truth.

Hence, he will be actively involved in the trial impact and not astonishingly the defendant will largely be questioned by the judge. The advocates sole(prenominal) establish a minor role to play, asking supplementary questions or objecting to them. By looking at the definitions at one beat can see that ther e is no reason because rule of law princip! les such as due process, enhancer etc. cannot be upheld by either system. Hence, on a substantive level both systems are the same and the besides difference is procedural. A state committed to uphold the rule... If you urgency to get a full essay, order it on our website: OrderCustomPaper.com

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