Our Adversarial System Is Far From Perfect

1835 WordsOct 28, 20168 Pages
Our adversarial system is far from perfect. Yet, it still provides us with some sort of justice while giving us the truth at the same time. The truth might not be the whole truth and the justice might not be ideal, but it is better than nothing. While the system is a big entity, bigger than most would imagine, two main characters are the prosecution and the defense. The way these two battle in the system is almost an art form. Both sides technically want the same things but have different definitions. The difference between the prosecution’s definition of truth and justice and the defense’s definition is what creates this imperfection in our adversarial system but makes it phenomenal at the same time. The prosecution has very factual definitions of truth and justice. A prosecutor’s role is to represent the state/jurisdiction they belong to. They focus on ensuring that the guilty are punished and are held accountable for their crimes. Since they represent society, they also need to make sure the innocent are not prosecuted. Giving them this amount of discretion allows them to be the gate keepers of our criminal justice system. As the gate keepers, their ethics stem from the facts of the law. To them, the truth means the charge was brought forth in a lawful way and there is enough evidence to indict the presumed guilty. Seeking the truth begins at the very beginning of a case. When it lands on the desk of a prosecutor the first step is to make sure the arrest/gathering of
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