Presumed Guilty Film Analysis

The documentary “Presumed Guilty” embodies various elements of how criminal procedure works in an inquisitorial legal system. In an inquisitorial system the accused is automatically assumed to be guilty (Ministry of Justice, 2013). It is through the evidence, investigations by court, the screening process, and Prosecutor the truth will evolve. The court plays an active role in determining the facts of a case and the conducts of the trial (Reichel, P., 2013, p.170). The judge is in charge of gathering the evidence, calling on the witness, questioning the witness, and the overall process and preparation . He or She is able to call on any witness while the Prosecutor and defense parties can ask follow up questions. In some cases, the judge allows the lawyers to present oral argument in public. The roles of admissibility of evidence may also allow the judge to act more like an inquisitor rather than an attributor of justice. As the trial is going on all statements are written down just as in a civil law system, but the judge can in his discretion decide what's admissible or not (LawTeacher, 2013. The typical criminal proceedings are divided into three phases: the investigate phase, the examining phase, and the trial (Ministry of Justice, 2013).The principle is to punish the guilty and protect the innocent.
,2010). K was told by officials “his guilty and all you can do is confess “, immediately after being attained as well(Kafka, F & Others,1995). Just as Toni wasn’t read his rights nor informed of his charges, neither was K. The pretrial hearing (the file) was used in Tonio’s repeal case to gain guilt from the defendants. It allowed and provided more of a chance for the judge to come to the verdict of Tono being guilty once again. By the trial stage the accused was almost