system and the right to silence limit government's power over the individual.
12) It is important to realize that no criminal procedural system in the world today is either purely accusatorial
Part I elaborates on the breadth of discretion afforded police and prosecutors in their pretrial activities, and presents the standard accusatorial
our unwillingness to subject those suspected of crime to the cruel trilemma of self-accusation, perjury or contempt; our preference for an accusatorial
rather than an inquisitorial system of criminal justice; our fear that self-incriminating statements will be elicited by inhumane treatment and abuses; our sense of fair play which dictates a fair state-individual balance by requiring the Government in its contest with the individual to shoulder the entire load, our 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.
The privilege "constitutes one part, but an important part, of our accusatorial
system which requires that no criminal punishment be imposed unless guilt is established by a large quantum of especially reliable evidence" produced by the government.
Mitchell examines the importance of reputation in Nordic culture and its use as a defense against accusations of witchcraft in chapter 5; the harsh penalties exacted for slander or false witness under the accusatorial
legal system leave an indelible impression.
Pointing at me, he said in an accusatorial
Vittorio Zucconi, writing in La Repubblica, adopted a less accusatorial
tone: "In the end, it was the trial of a different culture, a clash of cultures more than a legal case," Zucconi argued.
210) After the overall Bosnian Criminal Procedure Code was revolutionized in 2003 to switch from an accusatorial
system to a more common law adversarial process, international staff in the Chamber were commended for contributing to the capacity of local legal professionals in applying it.
139 (2007); Alphons Orie, Accusatorial
v Inquisitorial Approach in International Criminal Proceedings Prior to the Establishment of the ICC and in Proceedings Before the ICC, in THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT: A COMMENTARY 1439 (Cassese et al.
Supreme Court so adeptly stated: "[O]urs is an accusatorial
The most popular suggestion was to abolish the praemia accusatorial
, though Tiberius, to the dismay of his advisors, refused to do so.
More use of accusatorial
procedures, of witnesses and of torture, increased and prolonged pre-trial incarceration.
Interestingly, while taking the extraordinary step to address the issues of review in detail, the Court "make[s] no judgment as to whether the CSRTs, as currently constituted, satisfy due process standards," yet the Court agrees with the detainees' position even when all parties "act with diligence and good faith, there is considerable risk of error in the tribunal's findings of fact [when the process] is 'closed and accusatorial
12) Initially, the term "lawfare" thus served as a label to denounce individualistic and accusatorial
aspects of law in Western societies.