The adversarial system can be considered as a battle of lawyer. It relies on passive judges as an umpire. The lawyers have to act both zealously and faithfully which means that they ought to search for all favorable evidence, neutralize unfavorable one and the interpretation of the law made by the lawyer is to help the client win the case.
The system provides that both parties will be equal as they all can hire a lawyer who will represent the defense or prosecution. Unfortunately, the participation in the adversarial system costs a lot and it is not cheap to hire a lawyer. Moreover, the trial can be delayed or prolonged which makes even more expenses. The system is also aimed to preserve the neutrality and to limit the corruption of the judge and jury. Yet, no one will listen to what is truth everyone will listen to what seems like a “beautiful truth”. So that party will win the case which have a better attorney and a good attorney is well-paid. It seems that many poor are in prison or on the death row just because of this system.
Some proponents argue that the collision of two viewpoints makes the truth to arise on its own but the lawyers are apt to hide the evidence which is not favorable to their side. Unfortunately, the justice is better than the truth for one of the parties. Still, there is a need that if the evidence which show that accused person is innocent appeared, so such evidence must be heard. Such persons are to be exonerated and it doesn’t matter when the truth is found. Nowadays, we see a lot of people who had been wrongfully convicted but were later exonerated after serving years or even more in prison.
According to this system, the judges appear more neutral. It stands from the fact that the judgments and comments are reserved until all the evidence is heard. However, the finding of evidence can be unequal as it rests on the resources of both parties. Furthermore, they provide only that evidence which is favorable to their arguments.
This system needs changes and this fact is stated even by some judges. Even if it needs time, all the disadvantages are to be neutralized. Such direction of actions will help to make the system better rather than perfect.
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