Advantages and Disadvantages of the Adversarial System

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).