• An adversarial system pits two parties (prosecution and defense) against one another in the pursuit of the truth.

• The American system of justice is adversarial.

• An inquisitorial system is the opposite of an adversarial system.

• The burden of proof in a criminal trial is proof beyond a reasonable doubt.

• A presumption is a fact assumed to be true under the law.

• The most widely known presumption in American criminal law is the presumption of innocence.

• The prosecutor presents the government’s case.

• The defense attorney represents the defendant and seeks to establish reasonable doubt in the minds of the jurors (or judge in a bench trial).

• Judges (called triers of law) are tasked with resolving legal matters that come before the court and making sure the law is followed.

• The practice of either ignoring or misapplying the law in a certain situation is known as jury nullification.

• Jury vilification occurs when jurors convict if the evidence does not warrant a conviction.

Questions:-

1. Distinguish between adversarial and inquisitorial justice.
2. What is the burden of proof in a criminal trial? How does it compare to the burden of proof in a civil trial?
3. What are presumptions, and why are they important?
4. Distinguish between the roles of the prosecutor and defense attorney.
5. What is the role of the judge?
6. How does jury selection play out?