Pros And Cons Of Australia's Adversarial System

The justice system is best known as a pursuit for the truth. It is managed by humans so, it is inevitable not to make errors such as ones that will lead an innocent to be wrongfully convicted. Such a scenario is the David Milgaard case where he supposedly raped and murdered a woman named Gail Miller but really, the foundations of justice were tampered with. The Canadian justice system failed terribly, dismissed millions of dollars and banished the citizens certainty in the system. Most importantly, this even diminished 20 years of a man’s life.

In the Criminal Justice system, the main goal is justice or in other words, a fair consequence to match a criminal action. An obvious, yet unmentioned underlying goal is to prevent injustice. Many times, justice prevails, and this is why our system prevails today. However, when justice fails, it is key to look at the information offered in order to better the system and to repay those that have been failed by it. One area that has shown itself as flawed is the area of interrogations though many other areas will be presented throughout this paper as well. By examining five cases involving questionable interrogation and showing other system flaws, I will enlighten others as to how our justice system handles its flaws, and hopefully I will

Juries are an essential component of Queensland’s criminal justice system. However, the current jury system in criminal law cases does not effectively meet the needs of society. This thesis is established by first examining the role that juries play in the criminal justice system and the various interests of those affected by juries. This is followed by a consideration of arguments for and against juries and reforms that may be made to the jury system. Overall, it will be seen that there are substantial reasons to reform the current system.

In today's Australia the price of handling a substantial litigation matter is unobtainable for the average Australian, justice does indeed go to the highest bidder and “Unless you are a millionaire or a pauper, the cost of going to court to protect your rights is beyond you.” George Brandis, shadow attorney-general. To say that justice is earned and reserved for the population of Australia is a myth and it is true that legal aid community centres are grossly underfunded and explicitly for those in dire need of legal aid and do not represent the common Australian, there is no universal legal safety-net unlike the education and health systems.

This essay looks at Indigenous Australians in relation to the institution of ‘Criminal Law’. In this context, criminal law refers to legal processes such as police questioning, investigation and detainment as well as arrest, custody and bail. It also encompasses associated court procedures up to the point of sentencing. The focus will be to first outline the importance of criminal law to Indigenous Australians and then provide a critical analysis of the unique experiences and barriers that this group encounter in accessing criminal law in a positive way. Following this analysis, the development of possible ways to improve Indigenous access to criminal law will be discussed. Particular attention will be given to the way in which Indigenous Australians are affected by the transition of our modern justice system toward broader social justice concepts that incorporate risk management of potential criminal behaviour. From this discussion a conclusion will be drawn as to whether or not Indigenous Australians enjoy equality of criminal law and whether the structural elements of the law itself perpetuate Indigenous injustice and disadvantage.

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 adversarial nature of Australia’s court system deal with facts and legal implications. Here lies the establishment of such principles that make the law

There are certain areas of conflict between the Aboriginal Justice system and the Australian Law. Persons following the aboriginal customary laws if

Cross-examination is critical during litigation. Many cases have to be proven based on solely witness testimony because of the lack of physical evidence. Therefore, the responsibility of a witness to tell the truth relies on methods

Is our justice system fair? Is our justice system truly set out to do what it was meant to do? Or are there social factors and memory errors that come into play that can change a conviction outcome. In today’s court rooms we have, Defense attorneys, Prosecutors, judges, juries, evidence, forensics experts, witness testimonies, and of course the human memory. What better type of evidence than the human memory, right? Unfortunately, human memory is subject to the power of suggestion and unable to truly recall an event when told to recall. In other words, the story may not be the same as the one that actually happened the day of that event because many variables come into play like cross examinations and the way a question can be asked can alter the answer or how the event was perceived. The main focus of this paper is to see how the human brain is not able to effectively recall events which could possibly convict an innocent person of wrong doing. Also how lawyers use the misinformation effect to their advantage. In order to understand how something as simple as a question can decide a person’s faith we must first answer some questions. First, How does memory actually work and how is memory retrieved when your need to answer a question or being cross examined? Second, how does the misinformation effect play a role when a witness needs to testify against the defense or vice versa? Third, how can structuring a word or sentence effect the outcome of a conviction?

The perception of the Australian criminal justice system’s legitimacy is determined by the actions of three institutions, and the manner in which they address issues of justice within society. For the criminal justice system to be seen with integrity and valued for its role, it is vital that all members of the community see the appropriate rectification of injustices through the police, courts and corrections. However, particular groups within society encounter the illegitimacy and social inequity embedded within these institutions, diminishing the effectiveness to which they fulfill their role. For women in particular, the institutions of the criminal justice system are notably unethical in their treatment of both victims and perpetrators of crime. Despite many reforms and recommendations for change, the criminal justice system ultimately fails in achieving justice for women, with the courts demonstrating the most significant attempt to eliminate social inequality and victimisation.

It is recognised that Australia’s System of decision making in the court is in need of reform, if the

I really agree with everything that you said in your second paragraph. In the adversarial system, everyone is given a chance to tell their side of the story. Each party also has the ability to represent the case in the most favorable light to their side. This legal system also eliminates the bias that could happen if a judge were to play a bigger role in the case like they do in the inquisitorial system. I kind of disagree with what you said about this system not producing a fair outcome. I think it produces the fairest outcome possible in most cases. This legal system is undeniable fairer than the inquisitorial system. In child custody cases I think that they would consider what's in the best interests of the child and I do think that's the

However, under further analysis, it becomes apparent that the verdict acts more as a deterrent rather than an upstanding legal configuration. The legal system, for the average person in New South Wales, is only a figure of authority that deters the individuals from breaking the law, which some may say is what it is there to do. Conversely, we need it to do more than that, we need it to properly meet our requests when we are involved in legal

The two most common justice systems in our society today are the adversarial system of law and the inquisitorial system of law. The adversarial system, which is based on English Law is most commonly used in common law countries while the inquisitorial system, is mainly based on either Roman Law or the Napoleonic Code and is most often used in European countries. Though these two systems share some similarities they can also have their own differences.