Question

In the American _____ system of criminal prosecution, the government must prove its case by evidence freely and independently secured and may not coerce the defendant to provide evidence.

Answer 1

Answer:

accusatorial

Explanation:

The origin of the accusatory system is linked to Greek law, and criminal prosecution develops with the direct participation of the people in the exercise of the prosecution. In this system, the government must prove its case by means of evidence that is freely and independently guaranteed and cannot coerce the defendant into providing evidence.

This system, in addition to requiring the division of criminal prosecution into two distinct phases (investigation and prosecution), concentrating the procedural actions (prosecution, defense and judgment) on different people, also demands the observance of other characteristics, especially with regard to position of the judge, who, necessarily, must abstain from participating in the production of evidence, leaving this function to the parties only (prosecution and defense).

Only then will the judge's impartiality be preserved and the accusatory system respected.