Advantages Of Adversarial Legal System

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The origin of the adversarial legal system is very blurry and vague, but the system has been around quite a while and approaches to handle criminal proceeding in a totally opposite method, compared to the inquisitorial legal system. Before discussing the effectiveness and the advantages of a adversarial legal system, it is a good idea to understand the system. Adversarial legal system began in England with common law, and most countries with common law usually tend to follow the adversarial legal system but some countries based on civil law like France, and the Netherlands follow the inquisitorial legal system (). The main difference between the two systems is the role of judge, in an inquisitorial legal system the judge is more involves with the case but in the adversarial legal system the judge’s role gets reduced to a neutral third party only to just hear the case, presented by the prosecutor and defense attorney. In Canada our legal system is based around common law and hence resulting in our adversarial legal system, the system is incredibly effective and features many advantages when compared to its counterpart the inquisitorial system. The key elements which allow the adversarial system to be effective are the role judge, fair opportunity for both defendant and prosecutor to present their case while their rights being protected, and finally the introduction of the restorative justice. The Role of the judge in an adversarial system is its greatest strength when
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