Adversarial System In Australia

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The purpose of the criminal justice system is to protect the innocent and punish the offender and there are two main models used throughout the world which are the adversarial and inquisitorial systems. Both these systems strive to achieve justice and seek the truth however go about this process in different ways. It can be argued that the adversarial system best serves not only the rule of law and its principles but limits bias while protecting the rights of the accused. The inquisitorial system of law is the primary law process implemented around the world and the consensus is the accused is guilty until proven innocent. The judge takes the main role where they will be heavily involved with the investigation, questioning witnesses, gathering evidence and delivering the verdict without the assistance of a jury while lawyers take on a restricted role (Anderson & Otto 2003). The accused rights are vastly reduced as opposed to the adversarial system, as they do not have the right to remain silent or at times, have their legal representation present when being questioned. Due to the judges active role with all aspects of the investigation; through to the determine of guilt and sentencing, it is more probable their bias, prejudice or sensibility will affect…show more content…
Both parties are given equal opportunity to present their case and the presumption is, that the truth will emerge from cross-examination and their arguments (Wilson, Nagorcka & Stanton 2005). The judge has a limited role in that they will act as a neutral overseer who ensures both parties act within the constraints of the law and verify that due process is followed at the trial. The onus is on one of the parties to produce evidence to support their case which is a benefit of the adversarial system as it generates information which a fair-minded jury can agree on a
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