Publication:
The role of Judges in criminal trials: a comparative study of civil and common law approaches

dc.contributor.affiliation#PLACEHOLDER_PARENT_METADATA_VALUE#en_US
dc.contributor.authorMotilewa, Quadri Kafayaten_US
dc.date.accessioned2024-10-03T15:37:51Z
dc.date.available2024-10-03T15:37:51Z
dc.date.issued2012
dc.description.abstractThe court of law is the last hope of the common man and it is required that justice does not serve the purpose of the State alone but should be justice for the accused person; justice for the victim and finally justice for the society at large. In the adversarial system, the criminal procedure does not allow the judge to descend into the arena unlike in the case of inquisitorial system where the judge is expected to talk and also walk i.e. he must inquest into the evidence and physically investigate matters as presented before him. A well-rounded judge will better serve the interest of justice than a judge that is subjected to jurisdictional approach of adjudication rather an open approach inclusive of best practices. This study employed the use of doctrinal research methodology which will involve mostly a theoretical and pure legal point of view. This research discusses the concepts of law and justice according to the positivist and naturalist traditions and how it relates to the AdversariaYCommon Law System and the InquisitoriaYCivil Law System. The role of judges in criminal trials was compared looking at the Malaysian and the French Criminal Systems with the aim of proffering best practices. The study also looked into the history of the jury system and how well a Common Law judge can function without a jury. The study found that the following mechanisms if properly managed and utilized will be a good fusion of best practices in any given jurisdiction and these practices include; the application of judicial precedent; the re-enactment of the jury system or the use of 2 or more judges in the court of first instance; the merging of a civil and criminal matter that have the same parties disputing on the same matter in both instances; oral submissions for inquisitorial proceedings; the eradication of secret trials; upholding the tenets of natural justice; and a better attitude towards openness and integration for the betterment of justice.en_US
dc.description.callnumbert K 2146 M918R 2012en_US
dc.description.degreelevelMasteren_US
dc.description.identifierThe role of judges in criminal trials: a comparative study of civil and common law approaches /by Quadri Kafayat Motilewaen_US
dc.description.identityt00011269999QuadriKafayaten_US
dc.description.kulliyahAhmad Ibrahim Kulliyyah of Lawsen_US
dc.description.notesThesis (MCL)--International Islamic University Malaysia, 2012.en_US
dc.description.physicaldescriptionxiii, 95 leaves :ill. ;30cm.en_US
dc.description.programmeMasters of Comparative Lawsen_US
dc.identifier.urihttps://studentrepo.iium.edu.my/handle/123456789/1576
dc.identifier.urlhttps://lib.iium.edu.my/mom/services/mom/document/getFile/moFBoOPZvp4G3RWqYNMPOTjFqIT3KvSM20160301113127580
dc.language.isoenen_US
dc.publisherKuala Lumpur : Ahmad Ibrahim Kulliyyah of Laws, Interrnational Islamic University Malaysia, 2012en_US
dc.rightsCopyright International Islamic University Malaysia
dc.subject.lcshJudgesen_US
dc.subject.lcshJudicial processen_US
dc.subject.lcshCriminal procedureen_US
dc.titleThe role of Judges in criminal trials: a comparative study of civil and common law approachesen_US
dc.typeMaster Thesisen_US
dspace.entity.typePublication

Files

Original bundle

Now showing 1 - 2 of 2
Loading...
Thumbnail Image
Name:
t00011269999QuadriKafayat_SEC_24.pdf
Size:
1.04 MB
Format:
Adobe Portable Document Format
Description:
24 pages file
Loading...
Thumbnail Image
Name:
t00011269999QuadriKafayat_SEC.pdf
Size:
7.24 MB
Format:
Adobe Portable Document Format
Description:
Full text secured file

Collections