Brigham Young University BYU ScholarsArchive Undergraduate Honors Theses 2020-04-01 IMPARTIALITY: A COMPARISON OF LEGAL PROCESSES IN THE UNITED STATES AND ITALY Robert Borden Follow this and additional works at: https://scholarsarchive.byu.edu/studentpub_uht BYU ScholarsArchive Citation Borden, Robert, "IMPARTIALITY: A COMPARISON OF LEGAL PROCESSES IN THE UNITED STATES AND ITALY" (2020). Undergraduate Honors Theses. 116. https://scholarsarchive.byu.edu/studentpub_uht/116 This Honors Thesis is brought to you for free and open access by BYU ScholarsArchive. It has been accepted for inclusion in Undergraduate Honors Theses by an authorized administrator of BYU ScholarsArchive. For more information, please contact
[email protected],
[email protected]. Honors Thesis IMPARTIALITY: A COMPARISON OF LEGAL PROCESSES IN THE UNITED STATES AND ITALY by Robert Borden Submitted to Brigham Young University in partial fulfillment of graduation requirements for University Honors Italian Department Brigham Young University April 2020 Advisors: Dr. Marie Orton, Dr. Dan Paul, and Dr. Justin Collings Honors Coordinator: Dr. Marie Orton ii ABSTRACT IMPARTIALITY: A COMPARISON OF LEGAL PROCESSES IN THE UNITED STATES AND ITALY Robert L. Borden Italian Department Bachelor of Arts This thesis examines the constitutional guarantees of impartiality granted in both the United States and Italian constitutions. Aided by the presentation of these two constitutional legal systems, this paper will attempt to break apart the elements of each system and point out key differences. By pointing out the differences in these systems including variations in their founding documents, the structure of the courts, the role of the judges, the role of the advocates, and the role of other key players, this paper will show that while individual cases in both countries are exposed to multiple biases throughout the legal process, in the end justice is given impartially.