Accusatorial (system) = innocent until proven guilty (US system)
Inquisitorial (system) = you are consider guilty and you must prove your innocent.
• Spanish inquisitions - individual who where consider speaking against the church where accused and had to prove that they were innocent, specially the Jews.
• Salem witch trials – mostly women were accused of being a witch.
• Plaintiff = person bringing the complaint
• Defendant – person /corporation
• In trial the standard used by jury in civil case is by the preponderance of the evidence
The one that has more evidence wins
• Prosecutor= Brings the charges (purpose seeking justice on behalf of the community)
Even if the victim doesn’t want to press charges the prosecutor can do it
Prosecutors have been seeking convictions (by omitting evidence, not investigating more)
When they are elected they show their conviction rates
• Types of Prosecutors
District Attorney DA
• Defendant = Person accused of crime
• Juy Standard (used in criminal cases)
A reasonable doubt that the person is not guilty
• Judge = The public official who decides the questions
Even if there is a jury the judge has the ultimate final say
Judge can overwrite the jury
What are the questions?
Fair trial taking place?
How much money they will get?
Types of Jury’s
Jury – A group of people summoned to court and sworn to decide on the facts at issue
Facts Vs Law- Jury’s deciding on bases on the facts
• Jury (petit jury)
12 person –criminal case (unanimous decision= all 12 people must agree)
Hung Jury – not all people can come to an unanimous decision
9 - 6 person -civil case only
• Grand Jury – hears the evidence and decides if the case should go to trial
23 people on the grand jury
The prosecutor presents just enough evidence so...