ADVERSARIAL SYSTEM OF JURISPRUDENCE
Assignments & Exams
Course: Professional Responsibility & Legal Ethics: PLG-109-1406
Assignment: Assignment 1 (based on class 1)
Although the “adversary system” used in the United States is not perfect, and is open to the judges interpretation of the law, at times subject to manipulation by rogue officers of the court, and does not always arrive at the truth, I believe that it is the best system of jurisprudence anywhere. Procedure in the adversary system in the United States is dependent upon case law and precedent from prior litigated cases. There are times when the system fails and there are guilty verdicts for innocent defendants, but as a whole, the system has stood the test of time.
One can best describe the civil law system as an inquisition with both sides working together throughout the process with one goal in mind, to find the truth. One can describe the adversary system as a contest pitting adversaries against each other with one goal in mind, to win the case, and have their adversary lose the case. Although an attorney working under the adversary system of jurisprudence has an obligation to present truthful information to the courts, one has no general duty to promote truth, justice, or the other side’s interests. Again, the adversary system does not always render a result of truth, and innocent defendants may be subject to sanctions and punishments that are not equitable.
Because of certain rights afforded to citizens of the United States through Constitutional Amendments, Rules of Court Procedure, and statute, we could not participate in a “civil law” system of jurisprudence. A defendant in the United States can rely upon the guarantee of certain inalienable rights, such as the right to a speedy and public trial, by a panel of one's peers, to have the assistance of counsel for his defense, due process of law, and the right against self-incrimination. In addition, a defendant can enjoy the assurance of client-attorney
Course: Professional Responsibility & Legal Ethics: PLG-109-1406
Assignment: Assignment 1 (based on class 1)
Although the “adversary system” used in the United States is not perfect, and is open to the judges interpretation of the law, at times subject to manipulation by rogue officers of the court, and does not always arrive at the truth, I believe that it is the best system of jurisprudence anywhere. Procedure in the adversary system in the United States is dependent upon case law and precedent from prior litigated cases. There are times when the system fails and there are guilty verdicts for innocent defendants, but as a whole, the system has stood the test of time.
One can best describe the civil law system as an inquisition with both sides working together throughout the process with one goal in mind, to find the truth. One can describe the adversary system as a contest pitting adversaries against each other with one goal in mind, to win the case, and have their adversary lose the case. Although an attorney working under the adversary system of jurisprudence has an obligation to present truthful information to the courts, one has no general duty to promote truth, justice, or the other side’s interests. Again, the adversary system does not always render a result of truth, and innocent defendants may be subject to sanctions and punishments that are not equitable.
Because of certain rights afforded to citizens of the United States through Constitutional Amendments, Rules of Court Procedure, and statute, we could not participate in a “civil law” system of jurisprudence. A defendant in the United States can rely upon the guarantee of certain inalienable rights, such as the right to a speedy and public trial, by a panel of one's peers, to have the assistance of counsel for his defense, due process of law, and the right against self-incrimination. In addition, a defendant can enjoy the assurance of client-attorney