Advantages And Disadvantages Of Adversarial System

When enforcing the law, for police officers not two situations they encounter are ever the same, even when examine a large number of situations over an extended period of time. The officers are usually in the

because they withheld material evidence that could have changed the sentencing part of Mr. Brady’s trial. Mr. Brady was not innocent in his crimes but the prosecutor held back and did not disclose ahead of time information on a confession and “due process requirements not only

The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.

However, Supreme Court has never set any particular time limit which must be applied. In addition, the prosecution cannot delay too much the trial for its own advantage, but the trial can be delayed to secure the presence of the witness.

Police officers may or may not actively support noble-cause corruption. Sometimes when officers become aware of corrupt or illegal forms of misconduct, they are inclined to “turn a blind eye or look the other way.” It puts their fellow officers in a very difficult position, most officers tend to think that if they turn away and ignore it and do not acknowledge what is going on that they are not part of the misconduct or illegal activity. Most

Introduction: While most people consider the system as an adversarial process, many cases are settled in an informal pattern of cooperation between the major actors in the justice process. (The prosecutor, defense attorney, judge, and other court personnel.)

In the past, police officers and the public only had their word as their testimony. They had no choice but to try convince the jury that their side of the story was the truth. High profile cases between officers and the public have left the public searching and wanting answers. Some law enforcement departments have added another piece of equipment to their police officers for their added protection, while they patrol the streets. This controversial piece of

ABSTRACT- An Artificial Neural Network (ANN) is an information processing paradigm that is inspired by the way biological nervous systems, such as the brain, process information [1]. Artificial Neural Networks (ANN) also called neuro-computing, or parallel distributed processing (PDP), provide an alternative approach to be applied to problems where the algorithmic and symbolic approaches are not well suited. The objective of the neural network is to transform the inputs into meaningful outputs. There are many researches which show that brain store information as pattern. Some of these patterns are very complicated and allows us to recognize from different angles. This paper gives a review of the artificial neural network and analyses the techniques in terms of performance.

Justice is the concept of moral rightness that is based on equality, access and fairness. This means that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. In Australia, the adversary system is used as a means to achieve justice by proving the accused, beyond reasonable doubt, committed the crime. The criminal trial process has many features which aim to fulfill the requirements of achieving justice. These elements, though considers equality, fairness and access, are flawed in practice. Flaws such as the handling of evidence, jurors not understanding instructions, inadequate funds for legal

The role of the judge in the adversary system of trial, unlike the inquisitorial counterpart, has less involvement in the establishment of facts and the analysis of evidence in cases brought before the court. In the inquisitorial system of trial, the judge has a much more active role in relation to the handling and evaluation of evidence, and where relevant, can actually cross examine and question witnesses if they feel crucial evidence may have been missed. While the inquisitorial system of trial has a seemingly more intrusive judge, having an added legal expert questioning and raising areas where evidence may have been missed, is a significant improvement over a judge who may know evidence has been missed but cannot intervene such is the

In the United States, the adversarial system of justice relies on ensuring a criminal defendant receives a fair trial. The sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. Each city and county in the United States ensures a defendant the right to counsel. There are different ways cities and counties across the United States provide representation for indigent defendants. One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases.

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.

Good Faith is the last exception. In this case, the magistrate issues a seizure warrant for acquiring evidence. However, this may not be in sync with the role of the exclusionary rule in deterring the police from any misconduct and also the evidence suppression may not occur. The limitation of this exception is that, if the defense can convince the judge that the officer was reckless in seizing the evidence, then the good faith will be nullified.

In the inquisitorial system the judge is the central evidence gatherer and directs the trial to get to the truth, he then questions the witness and examines evidence of a case in private and comes to a decision. The judge plays the detective law and fact finder role that looks into facts and evidence. No burden of proof is necessary and no jury is used in the inquisitorial system instead a panel of judges to decide on a case. This is better than having a jury because they are qualified and experienced in this field. The jury may not have legal background knowledge and wouldn’t be able to make the right decision as the other panel of judges would. The Inquisitorial system is much faster, more efficient and also a less expensive process than the adversarial system.