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11 Advantages and Disadvantages of Adversarial System


Pros and Cons (http://connectusfund.org/category/pros-and-cons)

An adversarial legal system brings cases to the court with two opposing sides presenting
themselves before a neutral panel that can include a jury and a judge. Once both parties have
argued their cases, the panel will then determine the facts and the appropriate actions to be taken.
Common law countries commonly use this justice system, as its beginnings are quite ancient. While
this approach to holding actions and defenses is supported by many as venerable, it is also
refrained by others because they see it as having some potential drawbacks. To fully understand the
adversarial system, it is best to look at its advantages and disadvantages.

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. Instead, it allows
private litigants to settle disputes in amicable means through pre-trial and discovery settlements,
where non-contested facts will be agreed upon to try not to deal with them in the litigation
process.

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. As for the prosecution, they are also allowed to present facts as they interpret and
understand them. Another thing is that the government is advised on all criminal matters.

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. The objective here is to present all the facts for the benefit of the jury and the judge in
deciding what really happened and who should be held responsible.

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.
They cannot detain an accused individual without proper arrest.

5. It does not promote bias.


The jury and the judge are expected to remain impartialafter all they are chosen using criteria
that are designed to get rid of people who might be biased in a certain case. Basically, this system
presents the contest to individuals who do not have interest in the outcome and can evaluate the
facts objectively. However, this system can become complicated, where lawyers on both sides can
use rhetorical, but legal, strategies to influence opinion that can affect the outcome of the trial.

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.
We need to talk about an injustice | Bryan Stevenson

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. This is believed by critics to encourage deception and
other questionable legal tactics, as the objective is to win at all costs, instead of evaluating the
facts to learn the truth.

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. Also, they argue that
this type of system causes the participants to act in perverse ways, encouraging defendants to
plead guilty even when they think otherwise and prosecutors to bring charges far beyond what is
warranted.

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. But is the jury is involved, the final decision might
be swayed by the most compelling arguments, instead of solid proof.

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. However, supporters explain that such unequal access resulted from social and
economic conditions, not the structure of the judicial system, adding that altering the way of
delivering legal services would do nothing in addressing the root causes of such a disparity.
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 findercould only do little to hasten the trial process, not to mention
that the evidentiary and procedural rules can slow down the process further. In addition, the wide
availability of appellate reviews would mean that a final decision can be made for years, though at
least one research has shown that some courts discouraged holding adversarial trials and making
active settlements. However, litigants in this approach are still encountering substantial delays in
reaching a resolution. And while this disadvantage is true, supporters still argue that the slow
methodical system is needed to protect individual rights.

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?

An insiders plan for rehabilitating the juvenile justice system | Jeff Wallace | TE

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