Pros And Cons Of The Adversarial Justice System
In Canada, United States, United Kingdom, and New Zealand, they all use the adversarial justice system. This is when two opposing sides present their case before an impartial judge with lawyers representing each side. (Antonacci, 2013, p. 15) However, it is important to be mindful that there are pros and cons to every system. Some of the pros are, that you have an impartial judge hearing your case, you are represented by a lawyer no matter your financial status, and to prevent a guilty verdict, you need a sufficient amount of evidence. (Engage Education Foundation, 2017)
There are many pros to this system, such as the judge must hear each side before he/she makes a decision on the case. No matter where you are in society, and no matter how …show more content…
The American addiction to an extreme form of the adversarial system needs serious attention and reform.
In the adversary system, most lawyers will go above and beyond what is asked for by their client to protect their reputation, even if it means stretching the truth no matter what the consequences are to the opposing party. Hyper-adversarialism is a big issue in the system today, lawyers will put together evidence, meet with witnesses and rehearse what they will say and get them to omit facts that will incriminate their client
Another part of this is the dominance of money in the adversary system. The more money you are willing to spend on a lawyer may determine weather you are winning or losing the court case. You may find a lawyer with more experience in the field also they may do more to help you try and win your case by utilizing certain resources they may have established by spending more money, but is not always the case. People who have money, such as those in high to middle class families may have the money to do so, in retrospect families who are in the lower class or new families to the country may struggle with this or people that are homeless. (Cramton, 2002) By being able to choose what lawyer you would like to represent you in court you can find a lawyer that …show more content…
The guarantee that the judge will be impartial and not letting his or her ethics or morals influence them, without hearing the evidence or hearing both the crown prosecutor and the defense may not always happen. The judge may already have a preconceived view on the case strictly due to the nature of the case. Who’s to say the accused may be innocent of possessing child pornography, however why would the accused be in possession of it at all? Questions like these could indirectly strike a nerve to the jury without even listening to the full case and lead to an immediate
There are many pros to this system, such as the judge must hear each side before he/she makes a decision on the case. No matter where you are in society, and no matter how …show more content…
The American addiction to an extreme form of the adversarial system needs serious attention and reform.
In the adversary system, most lawyers will go above and beyond what is asked for by their client to protect their reputation, even if it means stretching the truth no matter what the consequences are to the opposing party. Hyper-adversarialism is a big issue in the system today, lawyers will put together evidence, meet with witnesses and rehearse what they will say and get them to omit facts that will incriminate their client
Another part of this is the dominance of money in the adversary system. The more money you are willing to spend on a lawyer may determine weather you are winning or losing the court case. You may find a lawyer with more experience in the field also they may do more to help you try and win your case by utilizing certain resources they may have established by spending more money, but is not always the case. People who have money, such as those in high to middle class families may have the money to do so, in retrospect families who are in the lower class or new families to the country may struggle with this or people that are homeless. (Cramton, 2002) By being able to choose what lawyer you would like to represent you in court you can find a lawyer that …show more content…
The guarantee that the judge will be impartial and not letting his or her ethics or morals influence them, without hearing the evidence or hearing both the crown prosecutor and the defense may not always happen. The judge may already have a preconceived view on the case strictly due to the nature of the case. Who’s to say the accused may be innocent of possessing child pornography, however why would the accused be in possession of it at all? Questions like these could indirectly strike a nerve to the jury without even listening to the full case and lead to an immediate