Document Type : Research Article

Authors

• Jamshid Gholamloo ¹
• Fatemeh Fas’hinezhad ²

¹ Assistant professor, Department of Criminal Law & Criminology, Faculty of Law & Political Science, University of Tehran, Tehran, Iran,

² M A in Criminal Law & Criminology, Faculty of Law & Political Science, University of Tehran, Tehran, Iran,

Abstract

Despite extensive reforms, criminal justice systems remain largely analyzable within two main traditions: adversarial and inquisitorial. A fundamental challenge in both systems is the phenomenon of wrongful convictions, a critical form of miscarriages of justice. This study addresses whether a significant relationship exists between the type of criminal justice model and the likelihood of occurrence or detection of such errors. Using a descriptive-analytical method with a comparative approach, we examine factors influencing wrongful convictions in adversarial and inquisitorial systems. The initial hypothesis posits that adversarial systems, due to features such as the high emphasis on cross-examination and the prominent role of juries, are more prone to wrongful convictions. Findings indicate that while certain structural characteristics of adversarial systems may increase the risk of wrongful convictions, the higher rate of identified cases in these countries does not necessarily reflect higher occurrence. Rather, it largely stems from the existence of effective mechanisms for case review and post-conviction relief. Overall, the contemporary difference between the two systems lies less in the actual occurrence of errors and more in the level of transparency, detectability, and the existence of mechanisms for verification and correction.

Keywords

• Wrongful Conviction
• Adversarial System
• Inquisitorial System
• Cross-examination
• False Evidence
• Criminal justice

Main Subjects

• Criminal Law