until guilt

docx

School

University of Eastern Africa, Baraton *

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Course

221

Subject

Law

Date

Nov 24, 2024

Type

docx

Pages

Uploaded by UltraHornetMaster1150

 Consider an adverse inference assumption by the defendant’s lack of testimony. However, this would violate the defendants’ constitutional rights and contradict our adversarial legal system. Should the same system be used for both criminal and civil cases, or would it be better to have one system for criminal matters and the other system for civil matters? Why or why not? The adversarial system prioritizes individual rights and assumes innocence until guilt is proven, while the inquisitorial system is centered on uncovering the truth. Merging both legal systems could lead to more confusion and inconsistency. Parties and courts would have to navigate different rules, roles, and outcomes.

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until guilt

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