It can be easily lost in our adversarial system
that we're all in this together, but in terms of our democracy we really are.
Those more used to an adversarial system
, where judges focus on the issues of law and procedure and act as a referee in the contest between the defence and the prosecutor, are often uncomfortable with the investigative powers of the public prosecution.
reminiscent of the English adversarial system
and foreign to the French
Defence Lawyer it's comments in response to a question about the personal toll of practicing sexual assault law demonstrate the way in which defence lawyers might rely on a notion of the adversarial system
to insulate themselves from the emotional impact of a particular outcome in a case:
The adversarial system
naturally gravitates toward the use of forensic evidence since the prosecutor must prove the case beyond a reasonable doubt and the accused has the right to decline taking the stand.
Rather than lament the loss of our collective innocence, we should look at the adversarial system
and the competitive nature of law practice.
For many this is an empowering experience, the opposite of a courtroom where they might be re-victimized in an adversarial system
intent on discrediting them.
With the rise of plea bargaining, criminal justice has evolved from a purely adversarial system
of trials and litigated justice in which the decisions are made by judge or jury to a system of administrative justice where the prosecutor makes the most important decisions in charging and plea bargaining.
Various reforms in Australian jurisdictions, England and elsewhere have had only limited practical effect as they fail to address the underlying problems that arise from the adversarial system
balance with the preservation of our adversarial system
At the same time, independent juror research compromises our adversarial system
by preventing parties from responding to all the evidence under consideration and obfuscating the record on which the jury's decision is made.
The adversarial system
of law, which is the prevailing legal system in most English-speaking, common law countries, is premised upon the assumption that the best method for eliciting truth and attaining justice is through a confrontational encounter in which disputing parties, through an advocate, compete for the support of a neutral and passive decision maker (i.