Advantages and Disadvantages of Adversar PDF

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* Advantages and Disadvantages of Adversarial System: List of Advantages of Adversarial System 1. It is seen as fair and less prone to abuse. Those who support this system often argue that it is fairer and less prone to abuse than other legal systems, as it does not allow any room for the state to favor against the defendant. 2. It properly observes the rights of the defending and prosecuting parties. In this judicial system, an accused individual is given the right to remain silent, get a lawyer to help him state the case and remain innocent until proven guilty, which is a crucial aspect in the outcome of the case. 3. It allows both sides to support their positions. The adversarial system allows both parties to present witnesses and evidence to support their positions, where they can cross examine witnesses, independently analyze evidence and challenge arguments. 4. It provides power to the police. In this approach, the police play an essential role in the path to justice, where they are the ones who will run the investigation while adhering to certain conditions, such as presenting a warrant. 5. It does not promote bias. The jury and the judge are expected to remain impartial—after all they are chosen using criteria that are designed to get rid of people who might be biased in a certain case. 6. It hears the stories from both sides. Generally, this system does not allow the Judge to comment until both sides are heard, making him less biased and lessening the possibility of public protest to the verdict. List of Disadvantages of Adversarial System 1. It obliges each side to contest with each other. The adversarial litigation approach is sometimes criticized for setting up a system where sides on a case are required to contest with each other. 2. 2. It might lead to injustice. Critics point out that a lot of cases in an adversarial system, especially in the US, are actually resolved by settlement or plea bargain, which means that they do not go to trial, leading to injustice especially when the accused is helped with an overworked or unskilled lawyer.

3. It might result in judgments compelled by arguments, instead of evidence. In this system, the discovery with evidence rests upon the lawyers who work for each side, with the better one having better chances to win the case. 4. It has issues with accessibility. One criticism of an adversarial system that is very difficult to refute has something to do with accessibility. It cannot be plausibly argued that average defendants can enjoy the same access to legal representation as the wealthy and influential defendants, which is the same with the part of the plaintiffs. 5. 5. It uses a tedious process. It is also said that the adversarial form of legal system is slow and cumbersome, where the judge who acts as a neutral fact finder could only do little to hasten the trial process, not to mention that the evidence and procedural rules can slow down the process further. Conclusion: The term “adversarial system” might be misleading for some in a way that it entails that it is only within this system where there opposing prosecution and defense are allowed. By getting an in-depth knowledge about it and the other legal systems, we will know that it is not the case. Based on the advantages and disadvantages of adversarial system listed above, what would be your opinion about it?

Inquisitorial System Pros and Cons List:

The inquisitorial system is a legal system that requires the court or a particular part of the court to conduct an investigation of its own to uncover the truth behind the case. Unlike an adversarial system that puts a prosecution and a defense against one another to present facts and information, an inquisitorial system mandates that the court should be in charge of collecting data to come up with a judgement. There are pros and cons to the use of an inquisitorial system, and we discuss them in detail with this short list. List of Pros of Inquisitorial System 1. No Lawyer Advantage With the adversarial system, the defendant and the prosecution are responsible for finding their own lawyer and legal counsel which will help them win their case. If one of the parties is able to hire a better lawyer, they have higher chances of winning which may not necessarily reflect the actual truth behind the case.

2. Eliminates Emotionally Driven Judgment An adversarial system uses a jury which is a group of members of society who ultimately come up with the judgment. They sit and watch the proceedings, after which they meet to discuss their ideas and decide the guilt of the accused.

3. One Legal Expert With one legal expert studying the case, they are more likely to come up with an untainted decision that relies on facts rather than fancy, flowery arguments provided by two different parties. List of Cons of Inquisitorial System 1. Chance of Bias One of the main concerns of those against the inquisitorial system is that it is not immune to bias. The court could issue judgment in favor of one side simply because they were paid to, or because of preference. 2. Lengthy With just one group uncovering information instead of two, the inquisitorial system could take some time. This leaves cases being left open for much longer than they would be with the adversarial system. 3. Limited Opportunity to Defend Self Unlike the adversarial system, the inquisitorial system makes it hard for individuals to defend themselves, especially if the information uncovered works against them....