The Adversary System Of Trial

Describe why the adversary system of trial is the very best system for accomplishing justice in criminal trials?

The enemy system of trial is the best system for attaining justice in criminal trials for a number of various reasons. The use of a jury, the requirement of proof relied upon and the standard of evidence, the cross-examining of witnesses and the ability to plead guilty, contribute greatly to reaching justice in the enemy system. They are all factors which assist the enemy system in achieving fairness in criminal trials.

The foe system is a function of the common law system and was brought to Australia with England. It has adapted to the Australian legal system. It is a system of trial where, "... the two sides of the case attempt to present and prove their version of the facts and disprove the variation of the other side." A jury chooses guilt or innocence, while a judge or magistrate guides the jury in areas of law, along with choosing an ideal punishment for the offender.

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In criminal cases in the adversarial system of trial, justice is attained through the usage of evidence. In the adversarial system, the requirement of proof that can be utilized to support an argument is high. This is seen in the statement "... the rules of proof are substantially more stringent [than the inquisitorial system]" This reveals that the proof that will be accepted is of reasonable quality which it will less most likely be made up. The burden of evidence in criminal cases lies with the prosecution.

The standard that guilt need to be shown is beyond affordable doubt. This is so that there is less chance of an innocent person being founded guilty. The statement, "No matter how strong the prosecution's proof might be, if the magistrate or the jury has any affordable doubt that she or he is guilty, the implicated is entitled to be acquitted" shows that there must be no doubt when convicting an individual.

The standard of proof and evidence that the adversary system employs are among the factors that make it the best system for achieving justice in criminal cases. Evidence is such an important factor because often it can determine cases and the outcome of the case. For example, if there is not enough evidence presented in a committal hearing for a serious criminal offence then the case is dismissed. However, if the magistrate decides that there is enough evidence, then the "…case is referred to a higher court for trial." With this in mind, evidence helps to achieve justice as enough of it and the presentation will allow the prosecution to prove that the accused is guilty of the actions they are claiming the other party to have done. This also works on the other hand, if the defendant is trying to prove their innocence, evidence can assist them in proving to the jury their innocence. If they are able to prove to one person that they are innocent, then they will be able to win their case. Thus, evidence plays an important role in the way that the adversary system of criminal trial is able to achieve justice.

The cross-examination of witnesses in the adversary system helps to make it a great system for achieving justice in criminal trials. This is an important aspect of adversary systems as it allows evidence to be used in a correct manner. This also allows for evidence that is false or misleading to be brought to light and dismissed. In some cases, the cross-examining of witnesses allows for evidence to be brought forward that was not available earlier. This can be through statements that witnesses may give. For example, a person who has omitted some small fact or matter because they thought it was irrelevant, cross-examining that person could bring the matter up and could lead to proof being found out about something that was uncertain previously. This is good for both the defendant and the prosecution as it allows both sides to contest evidence that is being presented and also to gather points for their own case.

Therefore, the defendant has the chance to prove their innocence and the prosecution will also have the opportunity to prove the guilt of the opposing party, making it fair for both sides. In this system, "…the prosecution and the defence present their case to an impartial court. The judge… relies on both sides calling witnesses and presenting evidence to both judge and jury."This can be seen in many cases, when cross-examining a witness to find out details assists a particular side and ensures that these points are considered when determining a verdict. The adversary system provides the best system for achieving justice in criminal cases through cross-examination of witnesses as it allows for evidence to be examined and for irrelevant or unimportant evidence to be discarded.

Juries are an important element of criminal trials in the adversary system and aid it in being the best system for achieving justice.

Through the use of plea bargaining in criminal trials, the adversary system is the best system for accomplishing justice.

Legal representation- small paragraph. Case study

The adversary system is the best system for achieving justice in criminal trials because of its use of several different elements. These elements combine to produce an effective and working system that provides justice to a majority of cases and instances. The implementation of plea bargaining, the standard of proof and evidence utilised, the use of juries and the cross-examining of witnesses are all features that the adversary system synthesises to produce an efficient method for achieving justice.