Chapter 27: Where Would You Rather Be Tried

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Common law deference

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9 Terms

1

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.

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2

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.

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3

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.

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4

These systems are defined according to the way in which the three different func

tions of the trial are allocated

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5

These functions are

gathering evidence and presenting it at trial, charging the accused with a crime, and judging guilt or innocence

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6

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.

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7

accusatorial trial

The _____________ resembles constitutional democracy in modern European systems.

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8

accusatorial system

The _______________ is a compromise between the outdated inquisitorial system and the common law adversarial system.

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9

tripartite system of government

The adversarial system resembles the structure of the ___________________ conceived by Montesquieu and incorporated in the U.S. Constitution.

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