Supporters of the adversary system believe it is the best justice system in the world to balance the rights of the individuals against the community’s expectations that people who break society’s laws will be punished. There are many strengths of the adversary system. Party control is the first strength of the system. The parties are in control of their own destinies. That is‚ they must prepare and present their own cases and accept the responsibility for the consequences. This is an extension
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The Adversary System Role of the Parties * Each party is responsible for the preparation and presentation of their own case and will present the best arguments to support their case. * In most cases legal representation will be used Role of the Adjudicator * Either a judge or magistrates sitting alone or a judge and a jury * The judge is responsible for ensuring that both parties obey the rules of the court‚ application of the rules of evidence and procedure‚ ensuring that the
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The Adversary System The adversarial system is defined as a legal system where two advocates represent their parties’ positions before an impartial person or group of people‚ usually a jury or judge‚ who attempt to determine the truth of the case. The Key features of the adversary trial are the role of the parties‚ the role of the judge‚ the need for legal representation‚ the rules of evidence and procedure and the burden and standard of proof. The advantage of the role of the parties is that
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The Adversary System Evaluate the effectiveness of the Adversary System as a means of achieving justice. In Australia the Adversary System is used as a way of ensuring justice is achieved fairly‚ equally and easily accessed. This system was inherited from Britain and concerns two contrasting parties presenting their evidence before a neutral third party. This system of trial is successful in accomplishing several aspects of the legal system‚ such as protecting individual’s rights‚ meeting society’s
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As the name suggests‚ the adversary system in Australia refers to a method of trial‚ which involves contestants or adversaries‚ that is‚ it is an adversarial approach in attempting to resolve legal issues between two opposing sides. There are five features of the adversary system in Australia; contest; party control; strict rules of evidence and procedures; role of the judge or magistrate and single event trials. The strengths and weaknesses of the adversary system‚ which has evolved through out
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any criminal justice system is to punish the offender and protect the innocent. Offenders are the threat to the society. State machinery is operative to prevent the crime and penalize the offender. But it is a matter of concern for all that innocent must not suffer in the name of justice. There seem two models in general‚ which provides different measures to deal with the offender to bring him to justice. They may be broadly termed as inquisitorial model and adversary (Accusatorial) model of
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the adversarial system of law since the federation was formed in 1901. However‚ there is argument that the inquisitorial system would better serve the country. There are numerous valid arguments for having the adversarial system‚ but also many to have the inquisitorial system. Changes in the legal system would have many social and legal implications. An analysis of these implications would need to be considered before any changes in the law were to occur. The adversarial system is “an adjudication
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Adversary System in United States The scheme of American jurisprudence wherein a judge or jury renders a decision in a controversy between or among parties who assert contradictory positions during a judicial examination such as a trial‚ hearing‚ or other adjudication. U.S. courtrooms have often been compared to battlefields or playing fields. The adversary system by which legal disputes are settled in the United States promotes the idea that legal controversies are battles or contests
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adversarial system of criminal trials in the United States and the inquisitorial system of criminal trials in France. The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties’ positions before an impartial person or group of people‚ usually a jury or judge‚ who attempt to determine the truth of the case (Adversary procedure). Meaning There would be two lawyers one defense lawyer and a Prosecutor lawyer. In this system‚ the
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Adversarial vs. Inquisitorial Court Systems There are many differences as well as similarities between the adversarial and inquisitorial court systems. In an adversarial court‚ the judge tries to remain impartial. In an inquisitorial court the judge plays the role as a fact finder to ascertain the truth. The adversarial system is a contest between two opposing sides. In the adversarial system‚ the accused is presumed innocent until proven guilty. The adversaries are the Prosecutor and
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