The Judge In The Adversary System

Many victims/survivors have described the experience of cross-examination as worse than the actual ordeal (Knowles, G 2013). Interrogation and twisting of the statement the witness gave to turn their words on them is particularly traumatising (Knowles, G 2013). The experience often described as; disgusting, degrading and exhausting as the victim/survivor is interrogated again and again with their person and past being brought into question (Knowles, G 2013). The need for victims/survivors to believed and treated fairly is a main reason why they seek the legal system, then to have it thrown back in their face does not benefit the victim/survivor at all (Knowles, G 2013). With the practice, more focused on tearing down the victim/survivor than actually presenting all the evidence and allowing the judge/jury to make an informed decision it clouds the truth of the trail. The adversarial system almost supports this type of action in the court rooms, since it’s more focused on being ‘confrontational as cases are presented as disputes and trails as contest of opposing interest’ (Freiberg, A 2011). While it may be true that the adversarial system in the past has scored better at delivering the desired results of a case this may not be able to extend to the damage that cross-examination can inflict onto a victim (Laxminarayan, M 2014). The inquisitorial model, on the other hand, was made on

In “The Adversary Judge” Frankel explains how realities of the trial create a “role conflict” between the ideally constructed impartial judge and the realistic adversary judge (Frankel, 1976). Throughout their day people play many roles, these roles are based on the expectations of the people around them and the personality of the person (Frankel, 1976). In particular, judges are expected to play the role of neutrality, intelligence, and patience. Their role is thought to be similar of an “umpire” (Frankel, 1976). It is necessary for them to be objective in order for a just and fair trial to take place. Yet, this ideal role does not occur under the pressure of realities. One reality that pushes away the idea of an “umpire” judge is the heated emotions that occur throughout the trial process. Frankel states” the courtroom explodes as people spring up at several tables shouting objections, usually loudly because they are in some haste and heat to cut off forbidden answers” (Frankel, 1976, p. 472). The attorney’s main goals throughout the trail is to ensure a win for their client leading to competitiveness between both parties. Attorneys do not want to hear they are wrong and always need to be one step ahead of their competitors. This causes the commotion and tense emotions that is usually seen in courts.

The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.

The effectiveness of the adversary system in achieving justice is successful, providing a equal course of action with affirmation of the jury witness and defendant (Hamper et al., 2009). The effectiveness of the adversary system in achieving justice can include; equality, protection and recognition of individual rights and law as a reflection of community standards and expectations,

Rules of evidence ensure, in the adversarial system, that the jury is not distracted by irrelevant material and the court does not hear any inappropriate evidence in the form of unreliable or illegally obtained evidence, opinion evidence, hearsay evidence and bad character evidence (with the exception of propensity evidence) . Ultimately, irrelevant material that would confuse the issue cannot be introduced, therefore ensuring an individual’s right to a fair trial. Contrarily, there is less reliance on strict rules of evidence and procedure in the inquisitorial system - the Judge is aware of character reports and past record and is privy to all evidence and then decides which evidence is relevant to the case. This could mean that biases are formed against the accused that could be out-dated or inaccurate, leading to an unfair trial . Therefore Western Australia’s current evidentiary regulations, assure that accused parties are taken at face value, and that justice is issued, built entirely on a case-to-case basis

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

There is no one set definition of justice. This student believes that at its most basic most fundamental meaning is the methodical fashion in which punishments and rewards are awarded. With this in mind there is a balance struggle between the two different model’s. these two models as mentioned in the text are the crime control model and the due process model. Both models like everything else have their pros and cons.

Many years ago, before courts existed matters was handled in a privately or informally. This often led to violence and unjust treatment of innocent people. During the rise of the Greek City States and the Roman Empire law enforcement became a public affair instead of private. (Siegel, Schmalleger, & Worral, 2011). Along with this movement became formalized courts and other criminal justice institutions. This allowed for law enforcement matters to be handled in a more civilized manner for resolving human conflict.

Today, in society the act of justice primarily has two different types of legal systems. The first system is understood as the adversary system; which is most notably used in the United States. The adversary system is understood as having or acquiring legal representation (i.e. the prosecutor and the defense) to dispute, analyze, and defend their opposing sides during a trial period. Additionally, this type of system is successfully accomplished through the evaluation of both parties’ evidence by a third impartial and independent party (i.e. the judge and the jury). The adversarial system also helps ensures the protection of citizens’ constitutional rights.

In the inquisitorial system the judge is the central evidence gatherer and directs the trial to get to the truth, he then questions the witness and examines evidence of a case in private and comes to a decision. The judge plays the detective law and fact finder role that looks into facts and evidence. No burden of proof is necessary and no jury is used in the inquisitorial system instead a panel of judges to decide on a case. This is better than having a jury because they are qualified and experienced in this field. The jury may not have legal background knowledge and wouldn’t be able to make the right decision as the other panel of judges would. The Inquisitorial system is much faster, more efficient and also a less expensive process than the adversarial system.

Several pairs of eyes trail the prosecutor as he puts forth his reasons as to why the defendant should be guilty. Several pairs of ears listen intently in a trance like mode, also cautious of every detail. The prosecutor presents the facts with great gusto, painting a picture of the defendant in a bad light. Once he is done, the defendant’s lawyer takes the stage and he too, with great effort, puts forth reasons as to why his client is innocent. In the end, when everything is said and done and it time for the verdict, only one voice answers to the court clerk out of the 12 men and women. These 12 people are the jurymen and they play an equally important role as the lawyers and judges of a court trial. In fact, a jury is the sole decider, based

The objective of an adversarial system and an inquisitorial system is similar, but the path to justice is very different. The terms adversarial and inquisitorial are used to describe types of justice systems in which represent common law and civil law respectively. The adversarial system is a legal system where two parties’ positions are represented before an unbiased judge or a jury who attempt to determine the truth behind the case. In an inquisitorial system, a judge contributes to the preparation of evidence along with how the different parties are to present their case at the trial. The judge plays the role of finding the truth and all the evidence that either proves the innocence or guilt of the accused. The adversarial system is clearly the more impartial and accurate way to determine the truth within a case.

Juries are an essential component of Queensland’s criminal justice system. However, the current jury system in criminal law cases does not effectively meet the needs of society. This thesis is established by first examining the role that juries play in the criminal justice system and the various interests of those affected by juries. This is followed by a consideration of arguments for and against juries and reforms that may be made to the jury system. Overall, it will be seen that there are substantial reasons to reform the current system.

May and Powles view evidence as ‘something’ which tends to prove or disprove something else. In the context of a trial this consists of information placed before the court for the purpose of proving or disproving facts in issue. Beecher-Monas states that in a system based on the rule of law and which aspires to ‘truth’, the accuracy and reliability of such information is essential. The mechanisms available to the court to determine the latter, centre on the presentation of evidence under oath, cross-examination and the observation of witness demeanour .

Features of the inquisitorial trial system that should be incorporated into the United States’ adversarial trial system would be to warrant the outcome of the cases be centered around the evidence obtained. Also implementing a thorough investigation and examination of evidence in the trial should be incorporated into the U.S. adversarial trial system. Therefore implementing both trial systems together, combining a few features creating a fair and law abiding outcome for the parties involved. Therefore, this combination of features will continue to abide by the rules and regulation of the judicial