3
There is a burgeoning literature in economics regarding the comparative efficiency of
the adversarial and inquisitorial trial systems. These researchers utilize an experimental
approach to analyze which trial system provides greater accuracy and efficiency in regards to
providing factual information at trial. See Block and Parker (2004); Block, Parker, Vyborna, and
Dusek (2000); Shin (1998).
4
To be sure, it is logical that American students who are most likely planning on attending American
law schools should learn American legal procedures. However, it is the contention of this paper that
there are unique pedagogical benefits resulting from the use of comparative legal simulations.
Thus, the purpose of this paper is to propose a new judicial role-playing exercise: a mock trial
simulation using the European inquisitorial trial system.
The inquisitorial simulation, described below, can be used as a stand-alone simulation, or,
the instructor can run both an American adversarial trial simulation and a European inquisitorial
simulation. The advantage of running both simulations is that the students can draw conclusions as
to which system of trial they feel is most efficient and just.
3
While many American students will
likely remain committed to the adversarial system, exposure to the inquisitorial trial system through
the simulation may provoke consideration of possible changes or improvements to the American
method of conducting trials. At the very least, running the inquisitorial simulation may increase
awareness of alternative institutional and political systems and reduce ethnocentrism.
The Adversarial versus the Inquisitorial System
Students are often surprised to learn that the Anglo-American method of conducting a legal
trial–the adversarial or accusatorial system–is not the only trial system used in the world. Indeed,
the adversarial system is relatively uncommon in the world. In this section of the paper, a brief
Convention