Adversarial System Analysis

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Extended Research Response Adversarial System Laws are designed to reflect social values and benefit society. The Adversarial System is the foundation of the Australian legal system. Australia and many other countries inherited this system, of law with the English common law system. There are positives and negatives to the Adversarial system in keeping a fair justice system however, it is still relevant to critique this to ensure that the processes, protocols and procedures in place. The Adversarial System uses a set of rules, roles and features to achieve justice. This system consists of evidence that is controlled by lawyers. (Whitton, 2013). The Adversarial System is in charge of both criminal and civil cases. In criminal cases, the…show more content…
The Adversarial System in Australia was inherited from British laws and structures. In 1215 the Magna Carta was signed creating the first development of the Adversarial System. The Magna Carta established the fundamental human rights and shaped early democratic values through power separation. The Habeas Corpus Act of 1679 served to safeguard individual liberty, preventing unlawful or arbitrary imprisonment (Unknown, The Habeas Corpus Act, 2015). This act demands that an accused person must be taken before the court, given a fair trial, and there is beyond reasonable doubt the suspect is guilty (Cornell University , 2014). The act in Australia is apart of the English law inheritance. The Adversarial system was first introduced to Australia in 1788, building the foundations for the Australian legal system today, though colonization (Bronitt & Mares, 2004). The first step towards a functioning democracy in Australia was when stetting up Legislative Council as well as a Supreme Court under the New South Wales Act of 1823. (Australian Government, 2014). Australia became an independent nation in 1901 when the British Parliament pass legislation allowing the six Australian Colonies to govern in their own right as a part of the Commonwealth Australia (Australian Government, 2014). The establishment of the Commonwealth Government defined its powers, procedures, and structure and defined the obligations and rights of the states. This system affects the lives of people accused of crime, victims of crime, families, lawyers, judges, witnesses and the whole community in positive and negative

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