________ 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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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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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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These systems are defined according to the way in which the three different func
tions of the trial are allocated
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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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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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accusatorial trial
The _____________ resembles constitutional democracy in modern European systems.
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accusatorial system
The _______________ is a compromise between the outdated inquisitorial system and the common law adversarial system.
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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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