The Adversarial Justice System - Essay Example

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In the paper “The Adversarial Justice System” the author analyzes the adversarial aspects of the judiciary and the distinctions between the types of judicial systems in practice today. In English criminal courts of first instance, the Justice of the Peace decide cases without a jury…
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The Adversarial Justice System
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Download file to see previous pages The adversarial system of justice relies upon four presumptions: First, that the parties are both legally represented; second, that the lawyers are roughly of the same caliber; third, that each parties interest are promoted to the fullest of each adversary’s ability; and fourth, that the court rarely needs to intervene on the interest of the public. (See Zuckerman & Cranston, 1995).
 The adversarial process attempts to be fair and just in that the parties that enter the process do have control over initiating the action, clearly outlining the nature of the action through pleadings, exploring the legal framework for which their action falls under, and surveying possible settlements to their actions. Each opposing side is afforded these opportunities in legal proceedings making the adversarial process fair and just. But in criminal cases, the odds are stacked against defendants and since the process is ultimately made up of opposing parties, the adversarial process is not always fair, just and in the best interest of the public.
The Roman Influence in European Law
 Legal systems are set up in an adversarial system of justice. This was, in large part, due to the laws and systems set about by Roman rule. European law has a deep rooted history that stems from the adoption and codification of laws and systems that were originally laid out by the Roman Empire. Though there were many interpretations of Roman law throughout the middle ages, and various applications of the law depended largely on the different regions of Europe. ...Download file to see next pagesRead More
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