Comparative Criminal Justice
1. One difference between inquisitorial process and common law process is the representation of the aggrieved party. In common law process, the aggrieved party is substituted by the state in making its accusations against the opponent (Levinson 260). On the other hand, in an inquisitorial, a public official takes the place of the private accuser. In addition, private party initiates an action in common law while inquisitorial is triggered by ex officio of the judicial system (Congleton 399)
Another difference is the procedure. Parties in common law are represented by lawyers who are tasked to present their evidences, applicable laws and legal theories while rebutting the evidences presented by the other party. Here, the judge plays a passive role by making sure alone that the procedures and rules of evidence are properly followed to ensure fair trial (Levinson 260). Hence, the process is controlled by the party. However, in inquisitorial, the judge asks questions to be answered by the lawyers of each party. The judge may also ask for witnesses and more evidences to evaluate what transpired and eventually seek the truth. Hence, the process is controlled by the judge.
2. The major differences between Common Law and Civil Law Procedure are the roles played by the judge and the judicial process. In common law, the judge plays a passive role because his task is only to oversee the procedure and evidences presented by each party. In this procedure, the parties present the law, evidences, and other supporting legal theories. However, in Civil Law Procedure, the judge plays an active role by inquiring directly to the parties. Furthermore, the procedure in finding the truth in common law is inductive (Bühring-Uhle, Kirchhoff, and Scherer 20). This is because the facts are first established and then supported by laws that will give the facts a legal effect. On the other hand, Civil Law Procedure is deductive because laws and legal norms are established first and then the establishment of facts is deduced from the facts given.
Bühring-Uhle, Christian, Kirchhoff, Lars, and Scherer, Gabriele. Arbitration and Mediation in International Business. The Hague: Kluwer Law International, 2006.
Congleton, Roger D. 40 Years of Research on Rent Seeking 2: Applications: Rent Seeking in Practice. Berlin: Springer, 2008.
Levinson, David. Encyclopedia of Crime and Punishment: Volumes I-IV. CA: SAGE Publications, 2002.