inquisitorial procedure

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inquisitorial procedure

a procedure that inquires into the facts and circumstances and the law with a view to reaching the truth. It is very common in continental Europe. The active role of the judge is perhaps the single most distinguishing feature from the ACCUSATORIAL PROCEDURE.

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References in periodicals archive ?

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.

Therapy for convicted sex offenders: pursuing rehabilitation without incrimination

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).

The Witches of Durer and Hans Baldung Grien [*]

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.

England limits the right to silence and moves towards an inquisitorial system of justice

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.

Innocence after death

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.

Crime and Justice in Late Medieval Italy

See Hyun Song Shin, Adversarial and Inquisitorial Procedures in Arbitration, 29 RAND J.

An economic approach to the law of evidence

In the past, those means involved inquisitorial procedures, torture, and even death (burning at the stake).

Be careful when using the word heretic

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.

Explaining inhumanity: the use of crime-definition experts at international criminal courts

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.

The Carolina and the Culture of the Common Man: Revisiting the Imperial Penal Code of 1532 [*]

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.

The right of silence, the presumption of innocence, the burden of proof, and a modest proposal: a reply to O'Reilly

In practice, however, he attempted to mitigate inquisitorial procedures and indeed to bypass them completely if the situation warranted.