15c59c34_nistry_of_Justice__New_Zealand__0
[adversarial systems] The Judge is a referee at the hearing. It is the Judge’s function to ensure that the court case is conducted in a manner that observes due process. The Judge decides whether the defendant is guilty beyond reasonable doubt (except in jury trials where the jury performs that role), and determines the sentence. Lawyers are primarily responsible for introducing evidence and questioning witnesses. [inquisitorial systems] Judges are required to direct the courtroom debate and to come to a final decision. The Judge assumes the role of principal interrogator of witnesses and the defendant, and is under an obligation to take evidence until he or she ascertains the truth. It is the Judge that carries out most of the examination of witnesses, arising from their obligation to inquire into the charges and to evaluate all relevant evidence in reaching their decision. [76] However, it is now accepted that the defence should have the right to confront each witness during at least one stage in the proceedings. [77] [0] 
Role of the trial Judge and counsel
B i n d i n g f o r c e o f c a s e l a w
I n v e s t i g a t i o n
E x a m i n i n g p h a s e
T h e t r i a l
R o l e o f t h e t r i a l J u d g e a n d c o u n s e l
U s e o f j u r i e s
R u l e s o f e v i d e n c e
R i g h t s o f t h e d e f e n d a n t
R o l e o f t h e v i c t i m
O r g a n i s a t i o n o f t h e c o u r t s
Appendix B: a comparison of the inquisitorial and adversarial systems — Ministry of Justice, New Zealand
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