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Common law deference
________ to the power of the jury to acquit is thought necessary to guarantee the jurys independence; civilians see no reason to defer in the same way to their trial courts.
common law practice
The ________ has significant advantages for the defense because many facts relevant for sentencing- notably, the fact of prior convictions- are considered irrelevant at the stage of finding guilt for the commission of the crime.
adversarial system
The ________ that prevails in the common law world today is based on a radical division of the four functions of investigation, accusation, factual determination, and punishment.
These systems are defined according to the way in which the three different func
tions of the trial are allocated
These functions are
gathering evidence and presenting it at trial, charging the accused with a crime, and judging guilt or innocence
inquisitorial system
The _________ reflects the mentality of monarchical power; concentrating all the power in the judge is like thinking of the king as font of all political power.
accusatorial trial
The _____________ resembles constitutional democracy in modern European systems.
accusatorial system
The _______________ is a compromise between the outdated inquisitorial system and the common law adversarial system.
tripartite system of government
The adversarial system resembles the structure of the ___________________ conceived by Montesquieu and incorporated in the U.S. Constitution.
Note 
Flashcard (46)