Anonymous asked this question on 4/29/2000:
What are the strengths of the adversarial system of trial? Also, what are the two major weaknesses of it? This relates specifically to criminal law, btw, not civil. Thanks!
tcsmpsi gave this response on 5/1/2000:
Good Morning
The strength appears in the fact that as a suspect is defended and proscecuted, the gathering and imposition of evidence is accomplished by personel trained and experienced in that energy. Fortunately, our evidentiary rules have become very meticulous to keep the integrity of the evidence as pure as possible. Also, though a bit more subtle, but just as strong nontheless, is the fact that the suspect is more disposed from the actual trial process. The arguments are about his guilt or innocence and he is not making the arguments himself, therefore, giving a more objective process. The judge's position as being the mediator, keeping the sacred rule, and making sure both prosecution and defense abide by the sacred rule increases the objectivity of the trial process.
The major weaknesses of this system, or any other system are corruption and the human factor. Specific to this type trial process, is the fact that somewhere, somehow we have allowed the infiltration of the common accepted 'belief' that the defense' 'job' is to 'get the suspect off'. This is not the description of the defense' energy however. The defense is to make sure that the suspect receives a fair and equitable proceeding, and not to 'get them off'. And of course, though not specific to the trial process itself, is our commitment to plea bargaining. Unfortunately, we must plea bargain in this country, for we do not have the facilities to hold in jail or prison the amount of people we would have if we did not. Unless we, as a society, are willing to spend the money to build and staff ten times the facilities we currently have, plea bargaining is going to be a standard procedure.
I hope this has helped a bit.
Sincerely, Michael (tcsmpsi)
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