system protects people's privacy by limiting the government's power to pry into their thoughts and conscience; it offers "respect for the inviolability of the human personality and of the right of each individual `to a private enclave where he may lead a private life .
Nothing - not even the tired cliche that the United States has an accusatorial
and not an inquisitorial system of justice - will make this argument work once it is exposed as a call to give guilty suspects a better chance at acquittal.
A see also Berger, supra note 92, at 40 (noting that "the law's preference for an accusatorial
system of justice simply reflects a commitment to retain that balance [of power between the state and the individual].
83) An extreme example is Islamic criminal procedure under the shari'a (law of the Qur'an), which was accusatorial
in the sense of being an injured party-initiated system carried forward on the basis of the injured party's accusation and evidence.
Although Mexico passed a national code of criminal procedure in February, Mexico's transition to an accusatorial
criminal justice system remains uneven.
O]urs is an accusatorial
and not an inquisitorial system--a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charge against an accused out of his own mouth.
Legal realist accounts aside, there is a prevailing understanding of the Court's criminal procedure jurisprudence that is frequently offered by the Court, and held up by commentators, as justifying or at least explaining doctrinal inattention to pretrial reliability concerns: the notion that "ours is an accusatorial
and not an inquisitorial system.
We don't want it to be an accusatorial
hearing," said Rivera, adding that Napoles will name three more senators during her appearance at the Senate Blue Ribbon Committee.
At one point, the Canadian pop star even called his lady love a 'talentless p***y' after receiving a series of accusatorial
messages from the former Disney star.
98 (2010) (citing ICC decisions limiting such witness preparation and noting that a lawyer's position on the ethical question tends to depend on whether she was trained in an accusatorial
or an inquisitorial system).
I do think in this sexenio [six-year term], if this government pushes very hard to clean up the cops, make this transition in the justice system from a written system to an accusatorial
system, if they really make that push and invest their political capital, I think they can come out of this better.
282) "If the Fifth Amendment is to stand for our constitutional preference for an accusatorial
system," the court argued, "it must protect the divulgence of the contents of one's mind, one's thought processes, when those testimonial divulgences--be they oral or written communications-would self-incriminate.