Question

Which features of the inquisitorial trial system should be incorporated into the United States' adversarial trial system, and why?

Answer 1

Features of the inquisitorial system which should be incorporated into United States adversarial trial system are as follows:

• The active involvement of court in investigating facts an figures of a judicial case

• Integrated involvement of magistrate to discover the truth instead of partisan advocacy

• Judge's involvement in the fact-finding system instead of acting and a referee between defendant and advocate

• Producing evidence directly to judge instead via the prosecutor

• Valuing community gain instead of protecting accused

• The pre-trial investigation and interrogation

These features should be incorporated because it values more on community gain instead of supporting accused and individual autonomy. The pre-investigation trial assures a more unbiased verdict. Moreover, it is the most effective trial process to find out the truth in a more systematic process. The involvement of magistrate and judge in the judicial trial is impactful to avoid partiality in the judicial process. This process allows witnesses to express their experiences in front of a judge with proper evidence. It is the most effective way to come into any concluding stance. Producing evidence directly to the judge reduces possibilities of evidence manipulation. Thus, features of the inquisitorial legal system must be incorporated into the adversarial trial system of the United States to maintain proper judicial sustainability.