Inquisitorial and Adversary System

1225 WordsAug 25, 20095 Pages
Supporters of the adversary system believe it is the best justice system in the world to balance the rights of the individuals against the community’s expectations that people who break society’s laws will be punished. There are many strengths of the adversary system. Party control is the first strength of the system. The parties are in control of their own destinies. That is, they must prepare and present their own cases and accept the responsibility for the consequences. This is an extension of the basic democratic principle. Truth and conflicting interests is another strength. By giving the parties control over their own affairs, it is more likely that ‘great truths will energy from the powerful conflicting arguments’. Equality…show more content…
This right was introduced centuries ago in medieval England to protect uneducated peasants from incriminating themselves when accused of crimes by the Lord of the manor. It is difficult to defend the rule with a universally literate and educated populace. Many observers contend that defendants should be forced to give evidence so that the judge or jury can make up their own observations of the defendant’s version of events. Accessibility is another possible reform. Significant reforms need to be considered to make the court system more accessible to ordinary people. They could include increasing legal aid funding, allowing acquitted persons to recover their legal and court costs from the state and setting stricter guidelines and limits on legal costs. The jury is seen as the ultimate protection of the people against potentially oppressive power of the state. Randomly selected jurors are actively involved in the administration of justice after an agent of the state has made a criminal allegation against an individual. The reasons for a jury verdict are intentionally kept secret by law and because this is done here is very little public scrutiny of the effectiveness of the jury system. The reason I believe that juries should be compelled to give reasons for their verdicts is that a person who is about to lose their freedoms from a jury conviction should be entitles to know the reason to be sure the verdict was based on law and sound logic. An accused person could have
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