Conceptions of the Trial in Inquisitorial and Adversarial Procedure

JUDGMENT AND CALLING TO ACCOUNT, A. Duff, L. Farmer, S. Marshall and V. Tadros, eds., pp. 223-42, Oxford: Hart Publishing, 2006

Warwick School of Law Research

20 Pages Posted: 13 Nov 2009 Last revised: 3 Aug 2010

See all articles by Jacqueline Hodgson

Jacqueline Hodgson

University of Warwick - School of Law

Date Written: 2006

Abstract

This chapter will compare and contrast aspects of the rituals and procedures which take place in the (mainly lower ranking) criminal courts in England and Wales and in France, highlighting some of the problems in extracting core normative principles for the conduct and functioning of criminal trials across different jurisdictions. Rooted in an inquisitorial procedural tradition, the trial in France is different from that in England and Wales: the court room players are not the same and those that appear to be similar (judge, prosecutor and defence) enjoy a different professional status and role from their broad counterparts in the more adversarial tradition that exists in England and Wales. Any explanation of the trial must also necessarily be linked to the pre-trial phase: the ways in which the case is investigated and evidence gathered will impact on the ways in which it is then scrutinised by the court, just as the nature of the trial process will itself influence the way in which evidence is prepared during the pre-trial phase. These distinctions are part of a wider difference in the process and function of the trial in the two jurisdictions : between the French model of a state-centred, unified inquiry into ‘the truth’, centring upon the pre-trial investigation, and that in England and Wales of a legally regulated debate between the parties, with the trial as its centre piece.

Keywords: evidence, trial, inquisitorial

Suggested Citation

Hodgson, Jacqueline S., Conceptions of the Trial in Inquisitorial and Adversarial Procedure (2006). JUDGMENT AND CALLING TO ACCOUNT, A. Duff, L. Farmer, S. Marshall and V. Tadros, eds., pp. 223-42, Oxford: Hart Publishing, 2006; Warwick School of Law Research. Available at SSRN: https://ssrn.com/abstract=1503969

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
02476 524163 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/hodgson

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