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Comparative Legal Systems - Essay Example

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In English criminal courts of the first instance, the Justice of the Peace or Stipendiary Magistrate decide cases without a jury. “The chief function of these officials is to try relatively minor criminal offenses, although they do have jurisdiction in certain domestic relations -- matrimonial, bastardy, and rate cases, and a few administrative functions -- and, as indicated, determine whether there is sufficient evidence to commit the offender for trial before a jury in a higher court”. The offender’s case is not tried automatically before a jury until the Justices of the Peace or the Magistrate decides that it warrants a jury. This part of the adversarial process is unfair because the accused needs to present their case before it is decided whether or not to allow the case to be tried before a jury of their peers. Without the benefit of a jury, the defendant is at the mercy of the court, unlike the prosecution, which has only to prove its case and without the potential of court-ordered sanctions. “Everywhere in the civilized world courts have two functions which can often seem to be in conflict. They are, on the one hand, the machinery which legitimizes the use of coercive force over the very body, rather than only the property, of the individual. Courts and only courts can ultimately sanction the forcible movement, removal, and detention of an individual”.
The French court system primarily operates under two distinct functions. One court system is called the ordinary courts, and the other is called the administrative courts. To which court cases go before, " the eight-member Tribunal des Conflits (Tribunal of Conflicts), created especially for that umpire-role, and headed by the ...Show more


The author of the essay dwells on the issue of comparative legal systems, namely, the adversarial justice system. According to the text, there are opposing sides to any judicial proceeding which requires an overseer to maintain fair play in the process. …
Author : reubenconn
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