The Adversary System of Trial

THE ADVERSARY SYSTEM OF TRIAL Grady McCabe The opposite dust of examination is utilize by Australian courts to resolve conflicts and arguments in a sporty and peaceful manner. This schema is as well as known as a contest for the truth and was inherit from the United Kingdom. For a iniquitous case, the prosecution and the defence ar responsible for preparing and presenting their own personalized facts and version of events to an impartial umpire who is the test or magistrate. The obstructionist trial, interchangeable anything, has its advantages and disadvantages. Despite its weaknesses, Australia persists with the resister system of rules of trial. This is because, it is intermediate and it protects rights, the community has confidence in the system and it provides for individual control. These points will be developed further, to show why Australia retains this system in about of Australias courts. The adversary system of trial provides an unbiased, just and fair hearing for all involved. This is rudimentary of its multiple strengths, and why it is electrostatic in practice today. The come close or magistrate is much like an umpire in a football match; they are responsible for making incontestable that all parties follow the rules of result in a case. The reasons backside why the adversary system is so fair lies with the map of the impartial adjudicator.

They must try to all the evidence; keep up that each party is hardened equally and that the charge individual is considered innocent until proven guilty. twain parties are hardened impartially and the rules of evid ence and procedure ensure that both parties ! be possessed of an equal opportunity to present their case. It also protects rights; the independence of the judge and the standard and burden of proof provides a basic testimonial of the rights of individuals and protects the accused from an unfair prosecution. This fairness is one of the reasons Australia still continues with the adversary system of trial. Another reason as to why the adversary system of trial is successful is...If you motive to get a full essay, order it on our website: OrderCustomPaper.com

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