Pros And Cons Of The Adversarial System

The system of criminal procedure primarily utilized in the United States is the adversarial system. The term adversary is easily interpreted to mean opposition. Our present criminal procedure pits two sides against each other to present their respective evidence and issues surrounding a criminal act. This paper will address the adversarial system and its expressed use in criminal court proceedings in the United States. Among the questions this paper will take into consideration are: Is the adversarial system the best way to achieve justice in the criminal courts of the United States; what those limitations are; how those limitations deliver justice; alternatives to the adversarial system; and the advantages or disadvantages of those alternatives.
This is an important aspect of adversary systems as it allows evidence to be used in a correct manner. This also allows for evidence that is false or misleading to be brought to light and dismissed. In some cases, the cross-examining of witnesses allows for evidence to be brought forward that was not available earlier. This can be through statements that witnesses may give. For example, a person who has omitted some small fact or matter because they thought it was irrelevant, cross-examining that person could bring the matter up and could lead to proof being found out about something that was uncertain previously. This is good for both the defendant and the prosecution as it allows both sides to contest evidence that is being presented and also to gather points for their own case. Therefore, the defendant has the chance to prove their innocence and the prosecution will also have the opportunity to prove the guilt of the opposing party, making it fair for both sides. In this system, the prosecution and the defense present their case to an impartial court. The judge relies on both sides calling witnesses and presenting evidence to both judge and jury.(Hamper, Derwnet, & Draper, 2002) This can be seen in many cases, when cross-examining a witness to find out details assists a particular side and ensures that these points are considered when determining a verdict. The adversary system provides the best system for achieving justice in criminal cases through cross-examination of witnesses as it allows for evidence to be examined and for irrelevant or unimportant evidence to be discarded. Juries are an important element of criminal trials in the adversary system and aid it in being the best system for achieving justice. Through the use of plea bargaining in criminal trials, the adversary system is the best system for accomplishing