Kiefel J explained that the accusatorial
system rests on two rules:
not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial
and not an inquisitorial system.
A prevalent (though certainly not exclusive) explanation from observers of doctrine in this area has been to use the Court's phrase "our preference for an accusatorial
rather than an inquisitorial system of criminal justice.
345, 346-49 (1994) (outlining the 1988 reforms); see generally Ennio Amodio, The Accusatorial
System Lost and Regained: Reforming Criminal Procedure in Italy, 52 AM.
139 (2007); Alphons Orie, Accusatorial
v Inquisitorial Approach in International Criminal Proceedings Prior to the Establishment of the ICC and in Proceedings Before the ICC, in THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT: A COMMENTARY 1439 (Cassese et al.
Supreme Court so adeptly stated: "[O]urs is an accusatorial
The most popular suggestion was to abolish the praemia accusatorial
, though Tiberius, to the dismay of his advisors, refused to do so.
More use of accusatorial
procedures, of witnesses and of torture, increased and prolonged pre-trial incarceration.
Interestingly, while taking the extraordinary step to address the issues of review in detail, the Court "make[s] no judgment as to whether the CSRTs, as currently constituted, satisfy due process standards," yet the Court agrees with the detainees' position even when all parties "act with diligence and good faith, there is considerable risk of error in the tribunal's findings of fact [when the process] is 'closed and accusatorial
12) Initially, the term "lawfare" thus served as a label to denounce individualistic and accusatorial
aspects of law in Western societies.
Aa Obama'sAa accusatorial
languageAa ignoresAa the fact that Iran has repeatedly made clear what it is for- friendly relations with the US and the West based on mutual respect, non-interference in the internal affairs of the others, and cooperation to raise theAa quality of life for all countries in the Middle East and beyond.
37) Such accusatorial
and judgmental contexts tend to make groups defensive about what occurred.