Adversarial or inquisitorial?
A system based on principles of common law, where a dispute is between the prosecution and the defense. The court decides the outcome
What is an Adversarial System?
Protects rights in the USA to avoid self-incrimination
What is the Miranda rights?
Cases that require a verdict that is beyond a reasonable doubt
What is a criminal case?
What is the Nordic standard of proof?
People who decides a conviction in a bench trial
What is a Judge?
A justice system where the trial is a disinterested investigation rather than a dispute and judges are expected to arrive at the truth
What is an inquisitorial system?
Used as a scare tactic in the US, but is not accepted as credible evidence in both US and Nordic courts
What is a polygraph?
Cases that require a verdict/ claim that is a balance of probability or is "more likely than not."
What is a civil case?
for less serious crimes, the standard of proof is around 96%
What is a nordic standard of proof?
A person who is questioned by the prosecutor, defense counsel, and the court after giving their version of an event
Who is a defendant?
A model (followed in America) where the prosecution and defense are against each other, while the judge acts as an independent referee
What is an Adversarial model?
(Both are accusatorially influenced)
What is an interrogation?
The first court a defendant appears in, where they are questioned about their guilt and sanctions. Tends to be an oral and public court proceeding
What is a district court?
The standard or reasonable doubt is more then 90%
What is the US standard of proof?
People with no legal training who hold an individual vote in court assist judges in making a decision in court.
Who are Lay judges?
A model (followed by continental Europe) in which the judge plays an active role in leading investigations, examining evidence, and interrogating witnesses.
What is an inquisitorial model?
Tactic used to gather information about the case from suspects and witnesses
(not accusatorily influenced)
What is an interview?
The court where previous charges can be reassessed and appealed using the same evidence provided in the initial court
What is an appeal court?
Initiating parties bear the burden of proof, protecting defendants
What is the US standard of proof?
Ensure a fair trial for the defendant and are chosen by a panel of lawyers
What is a defense council?
The model (followed by the Nordic countries) has adversarial proceedings and tends to fill in gaps in trial documents by questioning the parties
What is a mixed model?
Defendant cannot be charged without _____ evidence and reasoning in Nordiv countries.
What is objective/ objectivity?
A court where a permit is required to appeal and is constrained by the European Convention of Human Rights
What is the Supreme Court?
Expert opinion based on analysis of statements is admissible as evidence/ reasoning
What is a Nordic standards of proof ?
Experts who are brought in from either party to present questionable or "junk science " testimonies to persuade a jury.
Who are hired guns?