Essay on Crime – Adversary System

Resource Description

Question: Discuss the use of the adversary system as a means of achieving justice?

Intro: The adversary system is a two-sided structure, inherited from English Common, allowing opposing sides to present, prepare and argue their own case. This court system varies in its level of achieving justice as it attempts to balance the rights of the offender and the victim. The adversary system pits the prosecution against the accused in front of an impartial judge to observe the case. Whilst the judge plays a crucial rule, the adversary system relies on a verdict by the jury to determine the balance of probabilities and reasonable doubt. Whist the adversary system aims to address the notion of procedural fairness, in some cases, the verdict may serve as an injustice to the prosecution, victims and the greater society. Various characteristics of the adversary system, such as plea-bargaining, the use of evidence, and juries are, accredited to both obtain justice and also serve as an injustice – variable to each party during a criminal trial.