ADVERSARY SYSTEM
description
Transcript of ADVERSARY SYSTEM
TRIAL SYSTEM USED IN THE UNITED
STATES
ADVERSARY SYSTEM
ADVERSARY SYSTEM
How does it work?Opposing attorneys introduce
evidence to a fact finder (judge or jury) who determines the facts of “truth” of a case.
Opposing attorneys present their vested arguments and expose weaknesses of the other side in an effort to convince the fact finder.
ADVERSARY SYSTEM
Advantages of the System (good for “truth-seeking”)Fact finder gets to examine the
problem from both sides (hears arguments from both sides)
Competitive aspect forces both sides to work hard and be thorough.
ADVERSARY SYSTEM
Disadvantages of the System (bad for “truth-seeking”)Sometimes evidence is withheld in
order to win the case.Sometimes attorneys are more
concerned with winning than finding out the truth.
ADVERSARY SYSTEM
Disadvantages of the System (bad for “truth-seeking”)Experience and competence of
attorneys are not always equal.
INQUISTIONAL SYSTEM
Used by many European countries
Judge is active in questioning witness and controls the court process including the gathering and presenting of evidence.
Civil v. Criminal Review
State of Illinois v. Jack SmithGeorge W. Bush v. Albert GoreJason Randall v. IBM Corporation
United States v. Christopher Kendall
TRIAL COURTS
What is the purpose?Fact finder must determine the facts
(truth) in disputed situations by listening to the witness testimony and considering the evidence.
Fact finder may be judge or jury.
ROLE OF A JUDGE
Presides over the trialMaintain order in the courtMakes sure the attorneys follow the rules of evidence. (objections in court)
Sentence defendants who have been found guilty.
COURTROOM
Jury System
Voir Dire (to tell the truth)Opposing lawyers question perspective jurors to discover any prejudices or preconceived opinions concerning the case
Jury System
Voir DireOpposing attorneys may request the
removal of any juror who appears incapable of rendering of a fair and impartial verdict. This is called removal for cause
Jury System
Voir DireEach attorney has a number of peremptory challenges. The attorneys can have prospective jurors removed without stating a cause.
QUALIFICATIONS OF JURORS
18 years old, U.S. citizen, resident of state in which you are called
adequacy proficient in English not currently subject to felony charges or
convicted of a felony no disqualifying mental or physical
conditions
6th Amendment
In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime has been committed.
7th Amendment
In suits at common law ( Civil Courts) where the value in controversy shall exceed twenty dollars, the right of a trial by jury will be preserved.