Advantages and Disadvantages of the Adversarial System

This article discusses the advantages and disadvantages of the adversarial system in the legal system. It explores concepts such as the presumption of innocence, burden of proof, and standard of proof. The adversarial system allows parties to settle disputes privately and ensures the rights of both the defending and prosecuting parties. However, it can also lead to injustice and has issues with accessibility. Overall, the article provides an in-depth understanding of the adversarial system and its impact on the country.

Explain the advantages and
disadvantages of the
adversarial system

Table of Contents
INTRODUCTION.......................................................................................................................4
What is adversarial justice?.....................................................................................................4
What is inquisitorial system?..................................................................................................4
The presumption of innocence................................................................................................4
The burden of proof................................................................................................................5
The standard of proof..............................................................................................................5
Advantages and disadvantages of adversarial system.............................................................5
CONCLUSION............................................................................................................................7
REFERENCES............................................................................................................................7

INTRODUCTION
Adversarial system is the legal system which includes common laws of countries. In
these systems two parties are fighting against each other for their specific clients. It will also
contain the jury or judge for taking the decision regarding the case. The report will discuss the
advantages and disadvantages of adversarial system which have the impact on the country. It
will also include the standard of proof and burden of proof and it will also include the
presumption of innocence and it will also explain about the adversarial justice. The report will
provide the knowledge regarding the adversarial system.
What is adversarial justice?
Adversarial justice is the justice which will include the parties fighting in court for the
issues and then the court will provide justice to the parties. Justice is given on the basis of the
proof and the facts which are given by parties in the court proceedings. System give time to
each party to place their facts and figures in court proceeding and then the decision is taken by
the judge or the jury which were taking the final decision. In the court proceeding the debate is
held between the both the parties and the decision is based on the debate and the fact given by
lawyers on behalf of Clients in the debate (Brima Opurum and Zolotyi 2018).
What is inquisitorial system?
The inquisitorial system is the legal system in which court is actively investigating the
facts and figures of case. It is also including the two parties which are named as prosecution
and defence. It will include the civil laws and it will not include the common law systems.
Many countries are not following the common law system which have the effect on the
problem of country. In the system judges are involved in trials, and they have the right to ask
the questions and interrogate the witness. Judges can also look after the evidence of the case.
The presumption of innocence
Presumption of innocence is legal principle which is considered as innocent until that
individual is proven guilty by the court. Presumption of innocence is the legal right of the
individual which has been accused as the criminal and the trial. The legal burden of proof is
the prosecution and so it will need evidence for effective working. In the court proceedings
prosecutions must provide the facts for proving individual guilty. In the criminal proceeding
also anyone cannot call person as guilty unless the person is not proved guilty by the court
(Lerner 2017).

The burden of proof
Burden of proof is the legal term which will be connected but these both have separate
ideas for establishing the truth in court. The burden of proof is on the person which claims in
the dispute. On the other side the Benefit of assumption would be enjoyed by the other party.
The burden of proof will include the two kinds of burden like the burden of production and
burden of persuasion. Burden of persuasion will include the obligation which is remaining on
the single party for the court proceedings. Burden of production will refer to the party
obligations to come forward with the adequate amount of evidence which will provide the help
to the case.
The standard of proof
The standards required for burden of proof and for completing the work in the
successful way. There are legal standards which is made by government for evidences and it
will have the impact on people which are suffering due to these laws. The standard of poof
will include the standards like the reasonable indications and suspicion relating to the
evidence. Some case would have the doubt relating to the evidence but in that case that
evidence must be checked and see that it has not been manipulated (MacCalman and Parnell
2016).
Advantages and disadvantages of adversarial system
Advantages
Adversarial system is the fair and less prone to the abusive language is not used in
court proceedings. It allows the parties to settle the disputes in private and do the settlements
in private. In the settlements both will parties can place their terms and condition and do the
settlements in the successful way. In many court proceedings abusive language is used by the
lawyers for the person which has not been proved guilty. Case will not use abusive language
and also it will not be used by people in court proceeding.
It will observe the right of the defending and the prosecuting parties. In judicial system
accused has been provided right to remain silent and hire the lawyers for the case. So it is right
if accused to hire the lawyers and fight the case for them. Prosecution will have the right to
present the facts and make understand the judge about the facts and figures presented by them.
Defending parties and prosecution parties both have the right to hire the lawyers and work on
the specific cases (Malsch and Freckelton 2016).

It will allow both the sides to support the positions and present eyewitness in court and
also the witness could be cross-examined by other party. Objective of the system is to present
all the facts and figure in front of court and take the right decision on the base of facts and
figures presented. These facts and figures will help the jury and judges to take the right
decision on the right time. These arguments will lead the court proceeding towards the final
decision and both parties would be satisfied by the court proceeding and decision of court. If
not these parties can apply in the higher court for justice.
It will also provide the power to the police to arrest the guilty and provide the
punishment decided by court of the guilty. Police is playing the effective role in investigation
of case and investigation is also done on the people which are involved in court cases. Police
does not have the right to detain accuse, and he has to arrest accuse. Police must look that the
Judicial procedure is followed by accuse of working in the effective way (Martin 2016).
The system will hear the stories form the sides and provide the right decision for the
case. Judge will have to listen to the side of accuse and other side as well it will have to
provide the right decision and it is the right of accuse. Verdict of court is depended on the
court proceeding and the facts and figures placed in court. Verdict cannot be taken by judge in
the impartial way. So the judge will listen to both the stories and take the decision.
Disadvantages
In these systems it might lead to the injustice when the accused is not taken for trial
and nor accused is provided with the skilled and efficient lawyer. In some case proofs are not
present and decision is taken on the base of the arguments and witness. These will have the
impact on the case and people will not be able to fight the case in the effective way nor the
right decision will be provided.
The system is the tedious process and it will need much time and more money as well
people and giving more time and many, but they will include lot of paper work and court
proceeding are running from year to years. It will include the trial process and investigation
will be done and then the case will be filed in court and after that court will provide data to the
case and proceedings will be continued as well. The system might be misleading in some way
and it will also have some loop holes in laws which can protect the criminals at some extent
(Proudfoot Boyle and Schuetzler 2016).

It has issues with the accessibility because it is very difficult to explain something in
the court. The person need to have the knowledge regarding the process and the person will
have right to give the legal presentation in court but the presentation must contain the facts and
figures for case. Every case is different form each other and it would need other law for
protecting the people form the criminals.
In some case result is depended on the proceedings and these judgements is consists of
the arguments instead of evidence. Argument are done by the way of the jury and the judges
would not have control on the court proceeding. In these type of case the decision are taken on
the base of arguments and these would result in the injustice along with accused (Wang, and
et.al., 2017).
CONCLUSION
From the above report it will be concluded that the adversarial system is the system
which is fighting for the people and provide the right decision to the problems faced by the
people. The adversarial system will provide the knowledge regarding the Judicial system and
the advantage and disadvantages of adversary system. System is looking after accuse the
prosecutors which are fighting the case in the court premises. No abusive language is used in
court premises. In some case it might lead to injustice and result will also include the
arguments rather than evidence.

REFERENCES
Books and journals
Brima, K., Opurum, I. and Zolotyi, R., 2018. Research of wifi systems protection efficiency.
Матеріали науково-технічної конференції „Інформаційні моделі, системи таⅥ
технології “. pp.8-8.
Lerner, R.L., 2017. Inventing American Exceptionalism: The Origins of American Adversarial
Legal Culture. 1800-1877.
MacCalman, A. and Parnell, G.S., 2016, January. Multiobjective decision analysis with
probability management for systems engineering trade-off analysis. In 2016 49th
Hawaii International Conference on System Sciences (HICSS)(pp. 1527-1536).
IEEE.
Malsch, M. and Freckelton, I., 2016. The evaluation of evidence: differences between legal
systems. In Legal Evidence and Proof (pp. 131-148). Routledge.
Martin, D., 2016. There Is No Bathing in River Styx: Rule Manipulation, Performance
Downplaying and Adversarial Schemes. Ethical Theory and Moral Practice. 19(1).
pp.129-145.
Proudfoot, J.G., Boyle, R. and Schuetzler, R.M., 2016. Man vs. machine: Investigating the
effects of adversarial system use on end-user behavior in automated deception
detection interviews. Decision Support Systems. 85. pp.23-33.
Wang, and et.al., 2017. Generative adversarial networks: introduction and outlook. IEEE/CAA
Journal of Automatica Sinica. 4(4). pp.588-598.