Inquisitorial procedure allowed a trial based on suspicion alone, with neither a specific accuser nor charges.
235) The founders, wishing to avoid the inquisitorial procedures of the old English ecclesiastical courts, sought to protect the right to avoid self-incrimination under the coercion of the state.
Behringer makes the opposite position and says there is no "direct connection between the intensity of persecution and Roman law, inquisitorial procedure
and a developed demonology" (90).
283) Under old inquisitorial procedure
, if a suspect did not take the oath he would be considered guilty "pro confesso" -- as if he had confessed.
381) Further, despite its current formal rejection of inquisitorial procedures
, the system--whether purposefully or out of necessity--employs alternatives to fully adversarial procedures in both criminal cases (through plea bargaining and prosecutorial discretion, for example (382)) and civil matters, as evidenced by the use of special masters.
His section on trial records focuses on Savona, Mantua, Bologna, and Lucca to demonstrate how the use of inquisitorial procedures
, the range of offenses prosecuted, and the severity of the punishment varied significantly from one commune to the next, something that could not be deduced from the historical narrative of justice in Florence and Venice.
See Hyun Song Shin, Adversarial and Inquisitorial Procedures
in Arbitration, 29 RAND J.
In the past, those means involved inquisitorial procedures
, torture, and even death (burning at the stake).
The de jure rules at the ICC set out inquisitorial procedures
for selecting and instructing experts, but, for the moment, the system retains a blend of inquisitorial and adversarial procedures.
On the one hand, there had long been calls for the reform of legal abuses, particularly of arbitrary inquisitorial procedures
and the use of torture; these features of Roman law had been spreading in the fifteenth century without the control that a common standard could bring.
He purports to show that England and America's system of "limited, democratic government" and "accusatorial criminal procedure"(70) are linked, and that America's peculiar version of the presumption of innocence and right of silence was won in England only after a long struggle with competing inquisitorial procedures
in ecclesiastical and royal prerogative courts such as in the Star Chamber.
In practice, however, he attempted to mitigate inquisitorial procedures
and indeed to bypass them completely if the situation warranted.