Essay: The Transition from the Inquisitorial to the Accusatorial System of Trial Procedure: Why Some Latin American Lawyers Hesitate

32 Pages Posted: 20 Feb 2009  

Leonard Cavise

DePaul University - College of Law

Date Written: Summer 2007

Abstract

The article is born of my experience teaching American-style trial advocacy to over 15 groups of Latin American lawyers coming from countries in transition from the inquisitorial to the accusatorial model. The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.

Keywords: Trial Advocacy, Inquisitorial, Accusational, Latin America

Suggested Citation

Cavise, Leonard, Essay: The Transition from the Inquisitorial to the Accusatorial System of Trial Procedure: Why Some Latin American Lawyers Hesitate (Summer 2007). Wayne Law Review, Vol. 53, No. 2, 2007. Available at SSRN: https://ssrn.com/abstract=1340125

Leonard Cavise (Contact Author)

DePaul University - College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States

Paper statistics

Downloads
162
Rank
150,988
Abstract Views
1,519