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ADVERSARIAL VS INQUISITORIAL
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ADVERSARIAL VS INQUISITORIAL
Commonalities between two systems: -Both systems can have a judge or judges alone with no jury -The judge(s) can ask questions -Both sides seek the truth ADVERSARIAL -Judges role is limited. -Accused can remain silent -Accused is presumed innocent & burden of proof is on the Crown -One side wins; the other loses -Accused has many rights INQUISITORIAL -Judge can ask the accused questions -Accused must answer questions from lawyers as well as the judge -Accused may not be presumed innocent and the burden of proof may be on them to prove their innocence -Judges seek the truth by asking questions -Accused has limited rights
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