Advantages Of Adversarial Legal System

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The origin of the Adversarial Legal System is somewhat unknown. The system has been around quite a while, and approaches to handle criminal proceedings by using a different method compared to the Inquisitorial Legal System. Before discussing the effectiveness/advantages of the Adversarial Legal System, it is a good idea to understand the system. The Adversarial Legal System began in England with common law. Most countries with common law tend to follow the Adversarial Legal System, while other 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 the Judge. In an Inquisitorial Legal System, the judge is more involved with the case; but in the Adversarial Legal System the judge’s role gets reduced to a neutral third party. The judge is mainly there to hear the case presented by the prosecutor and defense attorney. In Canada, our legal system is based around common law, resulting in our Adversarial Legal System. This 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 of the judge, fair opportunity for both defendant and prosecutor to present their case while their rights being protected, and the introduction of restorative justice. The role of the judge in an Adversarial System is its greatest strength when compared to the
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