Adversarial and inquisitorial criminal justice Essay

Adversarial and inquisitorial criminal justice - Essay Example There are two systems that are utilized in the administration of criminal justice: 1) the adversarial system (also called accusatorial), and 2) the inquisitorial system. This paper aims to present the difference between the two systems in relation but not limited to the purpose, who are the parties involved, what are role of the parties involved, and the rules involved in the criminal procedure towards the attainment of their aim.Once a crime has been committed, the criminal justice is initiated by the filing of the complaint or criminal action by the victim (called the plaintiff in the complaint) to the police or to the prosecution, against the accused (called the defendant in the complaint). The different steps or procedures undertaken from the filing of the criminal complaint, trial by the court of the case, and to the conviction or non-conviction of the plaintiff is called the criminal procedure. After the complaint has been filed, the next step in the criminal procedure depends on the country of the court where the case was filed. In England and Wales and other common law countries like the United States of America for example, criminal proceedings are sometimes referred to as an adversarial system. 1 In this system, parties to a controversy, develop and present their arguments, gather and submit evidence, call and question witnesses, and control the process within the confines of certain rules and regulations.2 On the other hand, the inquisitorial system which is employed on the continent of Europe among most (but not all) systems of civil law, the conduct of investigating the case, gathering of evidences, and questioning of witnesses is the sole responsibility of the judge of the case.3 While the judge or jury in the adversarial system is a passive recipient of information4, which means that he will only know the facts and arguments of the case during trial, the judge/s play/s much more active roles in the criminal process in the inquisitorial system that include investigating, collecting of evidences, and questioning of witnesses.5 The most striking differences between the two can be found in criminal trials. In the Anglo-American adversary system, the parties to a dispute (plaintiff and defendant), or their advocates (prosecutor and defense counsel), square off against each other and assume roles that are strictly separate and distinct from that of the decision maker that is usually a judge or a jury.6 Each party has to develop and present arguments supported by proofs. In the United States for example, the prosecutor (counsel of the state and in behalf of the plaintiff) will be the first one to present his arguments and evidences to support his arguments. His purpose is usually to prove and convince the judge that the defendant (or the accused) really committed the crime and should be penalized. After which, the defense counsel will also present his arguments and evidences to prove the innocence of his client (the defendant). After the presentation of arguments and evidences by parties, the direct examination and cross-examination follows. The prosecution and the defense counsel will have the opportunity to examine the evidences and witnesses presented by the adverse party to illicit further information and to determine the veracity and truthfulness of the evidences presented. The adversary process is governed by strict rules of evidence and procedure that allows both sides equal opportunity to argue their cases and to ensure that the decision of the judge is based solely on the evidences presented.7 If both of the parties already rested their case, meaning when direct, redirect, and cross-examinations are over, it is where the function of the judge enters. The judge should decide based from the merits of the case presented before him, whether to convict the defendant-accused or to set him free.

An examination of conflict and development in global south(case study) Essay

An examination of conflict and development in global south(case study) Somalia - Essay Example This piece of work paper gives an examination of conflict and development in Somali which is the case study with much insight being given to the impact of decolonization on the state, the extent of positive development, the effect of conflict on the state’s development and the position of the state in today’s international system. Other relevant issues regarding the states will also be discussed for better understanding. Aspects Regarding Somalia Somalia is a country located in the horn of Africa. It is situated along the Gulf of Aden and the Indian Ocean. It is a country that is relatively small (smaller than Texas), with a population of approximately 9,133,124 people. It is arid and barren having only two rivers namely juba and Shebelle. It however have got some very essential natural resources for instance uranium, natural gas, iron ore, tin, gypsum, salt, copper, bauxite and some possible oil deposits as well as fish and marine life situated along the gulf of Aden, the Arabian sea, and the Indian ocean. The problem is that most of the natural resources are unexploited mainly due to the political instability and lack of appropriate technology for the exploitation and processing (Anonymous 2011). Somali gained independence in 1960, 1st July following a reunion between the British Somaliland and the Italian Somaliland forming the Somali republic. Somalia has had a lot of changes of the presidents and had no working government from the year 1991 to 2000 when a weak parliamentary government was created but did not last long as it run out in 2003 without any positive changes in terms of control in the country (Federal Research Division 2004). It was in 2004 that an intermediary parliament, transitional federal government (TFG) was established and a president elected, Abdullahi Yusuf Ahmed. It was during the national election in 2009 that a permanent government was established and Sheik Sharif Ahmed elected as the president and has ruled to present ( Mansbach and Rafferty 2007). Somalia is a country that has been faced with a lot of conflicts associated with the various changes in the government and presidents leading to instability and lack of control in the country (Kisiangani 2006). The government of Somalia is a democratic republic and the state is viewed as a politically failed state by the international community due to its inability to restore the political stability in the country and its indulgence in criminal activities like piracy and bombing attacks in various parts of the world (Best 2008). Answers to the Questions Decolonization entails the process of changing from colonial status to independent status. It involves the reverse of colonization and establishment of governance hence attainment of authority where a country can now carry out its practices and activities without interference by the colonizers. It involves gaining of independence and autonomy from the colonizing country such as in the governing of it owns practices and activities for example the utilization of the natural resources. Somalia is a country that is well known for political instability for a long period of time. It was colonized by Britain, France, and Italy all with their specific interests in the country. This is a contributing factor towards its political instability as all the colonizing countries had effects on the governance hence the conflicts (Baylis, Smith and Owens 2011). Wapner