The adversarial system (or adversary system) is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case. As opposed to that, the inquisitorial system has a judge (or a group of judges who work together) whose task is to investigate the case.
The adversarial system is generally adopted in common law countries. An exception, for instance in the U.S., may be made for minor violations, such as traffic offenses. On the continent of Europe among some civil law systems (i.e. those deriving from Roman law or the Napoleonic Code), the inquisitorial system may be used for some types of cases.
The adversarial system is the two-sided structure under which criminal trial courts operate that pits the prosecution against the defense. Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.
Read more about Adversarial System: History of The Adversarial Process, Basic Features, Comparisons With The Inquisitorial Approach
Famous quotes containing the word system:
“Few white citizens are acquainted with blacks other than those projected by the media and the so—called educational system, which is nothing more than a system of rewards and punishments based upon one’s ability to pledge loyalty oaths to Anglo culture. The media and the “educational system” are the prime sources of racism in the United States.”
—Ishmael Reed (b. 1938)