LEG12 Research Essay Structure and Planning For your 1000-word research essay, you are being assessed on the following: · Your knowledge of the principles, processes and structures of the adversary...

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LEG12 Research Essay Structure and Planning For your 1000-word research essay, you are being assessed on the following: · Your knowledge of the principles, processes and structures of the adversary and inquisitorial systems. · Your selection and documentation of sources). · Your critique of the adversary and inquisitorial systems and your recommendations for how the adversary system could be improved using elements of the inquisitorial system. · Your analysis of the adversary and inquisitorial systems. · Your ability to communicate informed observations and opinions. · Your accurate use of legal terminology. · Your consistent and appropriate acknowledgement of a diverse range of sources. Structure: Introduction (100-150 words) · A thesis statement which responds to the question. · Preview your arguments illustrating the strengths and weaknesses of the adversary system. · Preview your recommendations regarding elements of the inquisitorial system which should be adopted by the adversary system. Body Paragraph 1 (200 words) Explain how the adversary and the inquisitorial systems are different. Consider: · Where systems are used · Predominate focus of systems · Roles of parties and the judge · Rules of evidence and procedure Evaluative Body Paragraphs (150-250 words each) · In your remaining body paragraphs, you might evaluate the strengths and weaknesses of one major element per paragraph. Consider at least two of the following: · The adversary system’s strict rules of evidence compared to inquisitorial system. · The adversary system’s witness examination process compared to the inquisitorial system. · The manipulation of truth in the adversary system compared to the inquisitorial system. · The need for legal representation in the adversary system compared to the inquisitorial system. · Use case studies from adversary system to support your analysis and evaluation of each element. · Make recommendations for how each element of the adversary system could be improved using processes or principles from the inquisitorial system. Adversary system element being evaluated: Adversary system element being evaluated: Adversary system element being evaluated: Conclusion (100-150 words) Write a conclusion which reiterates your thesis and clearly and concisely summarises your evaluation and recommendations. References Stage 2 Legal Studies Assessment Type 1: Folio Task 5: Justice Systems Research Essay Student Name: Length: Maximum of 1250 words Draft Date: 28/08/20 (Thursday, Week 5) Task Date: 7/09/20 (Monday, Week 7) Task Information You are required to write an essay which addresses the following question: To what extent could aspects of the inquisitorial system be adopted to improve the adversary system’s ability to deliver just outcomes In responding to the statement, you must include informed and considered recommendations for improving elements of the adversary system. Ensure you footnote (AGLC) your response and include a reference list. Additional Information · Do not exceed the maximum word limit. Write your word count at the end of your response. · Please include your name, SACE number, word count and page numbers in your essay. · A draft of your essay is compulsory and must be submitted via Turnitin. · Assessment must be submitted via Turnitin. · Submission file name: SACENO-2LEG20-AT1-Task5-Surname. · Extension applications must be submitted via email at least one day before the due date and be accompanied by relevant documentation/justification. · Failure to submit the final assessment on the due date will result in the draft submission being marked as the final copy or a nil grade (n) being recorded. Comment Grade See emailed feedback. Performance Standards for Stage 2 Legal Studies Student SACE #: Knowledge and Understanding Inquiry Analysis and Evaluation Communication A Comprehensive knowledge and perceptive understanding of relevant influences on the Australian legal system. Comprehensive knowledge and astute understanding of legal principles, processes, and structures. Perceptive recognition and understanding of ways in which the Australian legal system responds to diverse groups in the community. Astute and critical location, selection, documentation, and application of relevant sources. Incisive critique of legal processes and structures, with well-informed and well-considered recommendations for change. Comprehensive analysis of the Australian legal, constitutional, and justice systems. Perceptive analysis of principles, processes, and structures in legal systems. Perceptive evaluation of legal issues or concepts through discussion and illustration of opposing arguments to reach an informed conclusion. Consistently accurate and coherent communication of highly informed observations and opinions on contemporary legal issues and debates, using different forms. Appropriate and astute use of legal terminology, indicating in-depth understanding. Consistent and appropriate acknowledgment of a diverse range of sources. B Detailed knowledge and well-considered understanding of relevant influences on the Australian legal system. Detailed knowledge and well-considered understanding of legal principles, processes, and structures. Thoughtful recognition and understanding of ways in which the Australian legal system responds to diverse groups in the community. Considered and critical location, selection, documentation, and application of relevant sources. Convincing critique of legal processes and structures, with informed and considered recommendations for change. Detailed analysis of the Australian legal, constitutional, and justice systems. Well-considered analysis of principles, processes, and structures in legal systems. Thoughtful evaluation of legal issues or concepts through discussion and illustration of opposing arguments to reach an informed conclusion. Mostly accurate and coherent communication of well-informed observations and opinions on contemporary legal issues and debates, using different forms. Appropriate and well-considered use of legal terminology, indicating some depth in understanding. Mostly consistent and appropriate acknowledgment of a range of sources. C Appropriate knowledge and considered understanding of relevant influences on the Australian legal system. Appropriate knowledge and considered understanding of legal principles, processes, and structures. Considered recognition and understanding of ways in which the Australian legal system responds to diverse groups in the community. Considered location, selection, documentation, and application of relevant sources. Competent critique of legal processes and structures, with some informed and considered recommendations for change. Informed analysis of the Australian legal, constitutional, and justice systems. Considered analysis of principles, processes, and structures in legal systems. Considered evaluation of legal issues or concepts through discussion and illustration of opposing arguments to reach a conclusion. Generally accurate and coherent communication of informed observations and opinions on contemporary legal issues and debates, using different forms. Appropriate and considered use of legal terminology, indicating competent understanding. Mostly appropriate acknowledgment of sources. D Some recognition and awareness of one or more influences on the Australian legal system. Some awareness of legal principles, processes, or structures. Some recognition of ways in which the Australian legal system responds to diverse groups in the community. Some thought given to the location, selection, documentation, and/or application of sources. Basic consideration of some legal processes and structures, with simple recommendations for change. Some consideration of analysis of the Australian legal, constitutional, and justice systems. Superficial consideration of principles, processes, and structures in legal systems. Some consideration of legal issues or concepts through discussion and description of some arguments. Some accuracy in communication of basic observations or opinions on contemporary legal issues or debates, in one or more forms. Some use of legal terminology, indicating awareness of the need for appropriate use. Some inconsistent acknowledgment of sources. E Limited awareness of influences on the Australian legal system. Limited awareness of any legal principles, processes, or structures. Emerging awareness of one or more ways in which the Australian legal system responds to diverse groups in the community. Attempted location, selection, documentation, or application of sources that may be relevant. Limited awareness of legal processes or structures. Brief description of an aspect of analysis of the Australian legal, constitutional, and justice systems. Brief description of one or more principles, structures, or processes in legal systems. Limited consideration of a legal issue or concept through observation of a discussion. Limited accuracy in communication through a selected form, with few observations or opinions on contemporary legal issues. Restricted use of legal terminology, indicating limited awareness of the need for appropriate use. Limited acknowledgment of sources. 2 This cover sheet must be attached to your assessment task when submitted
Answered Same DayAug 25, 2021

Answer To: LEG12 Research Essay Structure and Planning For your 1000-word research essay, you are being...

Hartirath answered on Aug 26 2021
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Adversarial System
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Contents
'To what extent could aspects of the inquisitorial system be adopted to improve the adversary system’s ability to deliver just outcomes?'    3
Explain how the adversary and the inquisitorial systems are different. Consider:    3
In the adversarial system: referee between the defense and the prosecutor in inquisitorial system: fact-finder, busy    5
M
ake recommendations for how each element of the adversary system could be improved using processes or principles from the inquisitorial system.    8
Conclusion    8
References    10
'To what extent could aspects of the inquisitorial system be adopted to improve the adversary system’s ability to deliver just outcomes?'
Explain how the adversary and the inquisitorial systems are different. Consider:
Where systems are used
The inquiry system is related to the civil law legal system and has available for a lot of centuries. It is characterized by wide pre-trial interrogation and investigations, to ignore sending innocent people to trial. The inquiry process can also be explained as a formal query to determine the truth, while the adversarial system uses a competitive process among the defense and prosecution to examine the details[footnoteRef:2]. The interrogation procedure gives the judges who oversee the procedure greater powers, while the judges in the adversarial system act more as arbitrators between prosecutions and defense. The defense and the prosecution compete with each other, as well as the judge acts as a referee to make sure fairness to the defendant and follow legal regulations of criminal procedure. [2: Justice Adele, "Comparative Analysis Between Adversarial And Inquisitorial Legal Systems" [2017] SSRN Electronic Journal.]
Pre-dominate focus of system
These two systems have changed all over the world because over the years, several countries have customized their criminal procedures in many different manners to balance the interests of the state in arresting and trying criminals and the interests of individual citizens who might be caught in the official process.
Roles of parties and the judge
At first, the trial procedure was reasonable and civilized, while the trial by the British jury was rough and harsh. The mainland investigator judged the case by looking for evidence and applying reasons to it[footnoteRef:3]. However, in the early British jury trials, there was no evidence. The jury should decide on the question of guilt or innocence based on its knowledge (if any). 5 Therefore, the British defendant risked being a gossip, had a hunch, or was convicted just because the jury wanted to go home. However, over several centuries, the trials of the British prosecutors' jury have improved, and the interrogation procedures in the mainland have also deteriorated. Therefore, the jury gradually assumes the role of modern society as an independent citizen group that determines citizenship. The defendant pleaded guilty based on the testimony of witnesses requested by the prosecution and defense. Then further development took place in the 17th and late 18th centuries[footnoteRef:4]. At that stage, the Kings of England who wanted to lock down their political opponents had been reduced to prosecuting them in court for various political crimes, among which [Nanyang Technological University] downloaded 602 JR Spencer at 10:05 on June 17, 2016, whether guilty or innocent. [3: VIJAY K. BHATIA, "Witness Examination As Interdiscursive Practice" (2011) 30(1) World Englishes.] [4: H.S. Chang, "A Model For Multi-Timescaled Sequential Decision-Making Processes With Adversary" (2004) 10(3-4) Mathematical and Computer Modelling of Dynamical Systems.]
Although such prosecutions are usually successful, in many spectacular cases they fail because the jury is not guilty. In the process, the jury gained a new symbolic role and became a bastion for citizens to resist excessive royal power. The continental investigation procedures were refined and finally formalized in various codes. All procedures were provided for roughly similar procedures. This is secret: only the final punishment is done in public. Its focus is to create a written file, which is ultimately considered by the judge. If he insists on denying the crime, he can be tortured if there is sufficient prima facie evidence. In the "adversarial...
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