Research Paper on Adversarial System

The legal system recognizes that there are always three sides in every legal controversy. The first side pertains to the truth according to the injured party where he attempts to prove that he was injured by the action of the accused. The second side is the truth according to the accused where he attempts to establish his innocence. The third will be the absolute truth which is theoretically the same as that of the findings of the court after both sides have been heard.

The Adversarial System, which is the method used in the United States, seeks to establish the absolute truth in any legal controversy. The adversarial system presumes that the truth can only be found if the litigants, the prosecution and the defense, are in competition with each other.

The adversarial system sees the court as a battlefield with either party seeking to be a victor. The prosecution aims to prove that the accused is guilty of the crime charged. They present object evidence, documentary evidence and even eyewitnesses to prove that their claim is the truth. They also advance arguments and interpret laws in accordance with their interest. On the other hand, the accused does not have to prove anything at the initial stage of the trial because he has a constitutional presumption of innocence.

The Adversarial system believes that the responsibility for finding the truth should lie with the litigants not with the judge. Thus, in jury trials, the judge has a more limited role than in cases where there are no juries where the judge takes on a more active role.

The role of the neutral and passive judge in an adversarial system is only to ensure that the procedural rules are observed by excluding any irrelevant and improper evidence and ruling on objections and motions of the litigants. The adversarial system hopes that with its unique system of presenting evidence, direct examinations, cross-examinations, re-direct and re-cross-examinations, they could arrive at the truth.

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