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The Italian And English Legal Systems

1423 words - 6 pages

Judicial systems have been used predominantly throughout the world to address disputes in various contexts, where accused criminals, to law enforcement officers and expert witnesses take part on a daily basis to resolve deputes in judicial manner (Silverman et al 2010). However, characteristics of the judicial systems differ from country/region to another, depending on the basis of the system which may cause an impact on the expert witness. As an explanation for the above statement, it could be said that legal systems fall into two systems, the adversarial system and the inquisitorial system. Conversely, a hybrid between those two systems has formed yet another system which is identified as the mixed system. These derive from historical law and judicial practices which have been practiced for a considerable amount of time, which eventually improved and standardised. Debara.K in 2002 suggested that the foundation to form a jury was based on medieval trail modes of combat where two parties argue their points to crown a champion. Jonakait (2008) concluded that by the 18th century, the legal systems developed into a stage where lawyers actively participated in English criminal trials making the legal system more “Adversary”. Paradoxically, inquisitorial system was born right after the 13th century, as a result of disbelief upon the adversarial system. Essentially, this system was formed by the French and then was horizontally transferred into few more countries which ultimately become one of the two dominant legal systems in the world (Johnson.Het al 2008).
In this short study, English legal system will be elaborated in comparison to the Italian Legal system. Prior to that, both adversarial and inquisitorial systems shall be discussed briefly. Every single country that manifests the common law system which includes, England (English Law) refers to the adversarial system (Gillespie.A 2007). On the contrary, countries which affiliate with civil law are framed on an inquisitorial system.
Briefly, the adversarial system operates as a contest between two or more gatherings competing in front of a neutral umpire, such as a jury or a judge. Albanese. J (2010) explained that the role of a judge/jury is to ensure whether the above parties comprehend and abide by the rules, to decide which side wins. However, there has been several times where judge took decisions to ensure fair play whilst the jury decided the actual winner. Studies carried out by Smith.Bet al suggested that in 1992, 79% of court trail decisions were taken by a jury in UK with the help of expert witnesses. As opposed to that matter, the judge or the panel of judges of an inquisitorial system governs the hearing and investigates through the case by asking questions; therefore judges are non passive information recipients. It is also known that in the adversarial system, lawyers play a major role in representing each sides case (Malleson in 2007). They often query the expert witnesses’...

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