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Ours is an accusatorial and not an inquisitorial system…

“Ours is an accusatorial and not an inquisitorial system -- a system in which the state must establish guilt by evidence independently and freely secured and may not by coercion prove its charge against an accused out of his own mouth.” quote by Felix Frankfurter
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“Ours is an accusatorial and not an inquisitorial system -- a system in which the state must establish guilt by evidence independently and freely secured and may not by coercion prove its charge against an accused out of his own mouth.”

Felix Frankfurter

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

The quote contrasts accusatorial (adversarial) with inquisitorial legal processes, emphasizing that the state must prove guilt through independent evidence, not forced confession.

In simple terms: State must prove guilt with evidence, not forced confession.

Key Takeaway

Ensure evidence-based prosecutions.

Themes

law justice due process

Mood

critical analytical

Type

legal educational

When to use this quote

  • criminal trials
  • civil rights cases
  • law school teaching
  • policy reform

Key Concepts

adversarial system evidence standards rights of the accused

Questions to Reflect On

  • How can we safeguard against evidence manipulation?
  • What safeguards protect accused rights?
A Different Perspective

May overlook systemic biases that affect evidence collection.

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