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How does the adversarial system relate to the rights of the accused?
American justice is based on the adversarial, or accusatory, system, as opposed to the inquisitional system. [ Under the latter, a magistrate- or a king or religious official- takes an active role in determining facts and making judgments, while defense lawyers (assuming any are allowed) remain in the background, only speaking when asked to speak. This description calls forth a number of images,
none of them pleasant: the Spanish Inquisition or various other religious witch hunts, France under Louis XIV, the "kangaroo courts" of Nazi Germany and Stalinist Russia, or the Islamic fundamentalist system in Iran under the Ayatollah Khomeini. It is almost by definition a method in which the accused is guilty until proven innocent. Under the adversarial system, the roles are reversed: lawyers, both for the defense and the state, take an active part in the proceedings, while the magistrate assumes the passive position of a referee. In both situations, the magistrate maintains control over the courtroom, but in the adversarial scenario, he or she acts merely as the servant of the law, not as its source. Again, almost by definition, it is a system in which the accused is innocent until proven guilty. Thus the burden of proof is on the government, and guilt must be proven beyond all reasonable doubt. Read more: The Rights of the Accused during Trial - The Adversarial System - Magistrate, Proven, Lawyers, and Active - JRank Articles ]
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Original conversation
User: How does the adversarial system relate to the rights of the accused?

Weegy: American justice is based on the adversarial, or accusatory, system, as opposed to the inquisitional system. [ Under the latter, a magistrate- or a king or religious official- takes an active role in determining facts and making judgments, while defense lawyers (assuming any are allowed) remain in the background, only speaking when asked to speak. This description calls forth a number of images, none of them pleasant: the Spanish Inquisition or various other religious witch hunts, France under Louis XIV, the "kangaroo courts" of Nazi Germany and Stalinist Russia, or the Islamic fundamentalist system in Iran under the Ayatollah Khomeini. It is almost by definition a method in which the accused is guilty until proven innocent. Under the adversarial system, the roles are reversed: lawyers, both for the defense and the state, take an active part in the proceedings, while the magistrate assumes the passive position of a referee. In both situations, the magistrate maintains control over the courtroom, but in the adversarial scenario, he or she acts merely as the servant of the law, not as its source. Again, almost by definition, it is a system in which the accused is innocent until proven guilty. Thus the burden of proof is on the government, and guilt must be proven beyond all reasonable doubt. Read more: The Rights of the Accused during Trial - The Adversarial System - Magistrate, Proven, Lawyers, and Active - JRank Articles ]
nielnaC|Points 140|

User: What distinctions can be made about the rights of the accused and how these rights protect the accused?

Weegy: 5th amendment - This protects the rights of the accused by saying that people do not have to testify against themselves in court.
rhyann24|Points 2455|

User: what is the inquistional system?





Weegy: The inquisitorial system can be defined by comparison with the adversarial, or accusatorial, system used in the United States and Great Britain. [ In the Adversary System, two or more opposing parties gather evidence and present the evidence, and their arguments, to a judge or jury. The judge or jury knows nothing of the litigation until the parties present their cases to the decision maker. The defendant in a criminal trial is not required to testify. In the inquisitorial system, the presiding judge is not a passive recipient of information. Rather, the presiding judge is primarily responsible for supervising the gathering of the evidence necessary to resolve the case. He or she actively steers the search for evidence and questions the witnesses, including the respondent or defendant. Attorneys play a more passive role, suggesting routes of inquiry for the presiding judge and following the judge's questioning with questioning of their own. Attorney questioning is often brief because the judge tries to ask all relevant questions. ]
Expert answered|smp0784|Points 4090|

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Asked 8/15/2013 4:12:37 PM
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