adversary system of trial Flashcards
where is adversarial system used?
in countries colonised by the british
which courts are different matters heard in?
Local Court- summary offence; Police Prosecutor vs Accused
District Court- indictable offence (DPP vs Accused)
Supreme Court- indictable offence (Crown vs Accused)
civil law
aim- to resolve a dispute between individuals/organisations
parties- plaintiff v Defence
who starts the case- plaintiff
burden of proof- plaintiff
standard of proof- balance of probabilities
outcome- liable or not liable; damages, remedies, injunction
criminal law
aim- protect interests of society
parties- prosecution v accused
who starts the case- prosecution
burden of proof- prosecution
standard of proof- beyond reasonable doubt
outcome- punishment
effectiveness of adversary system
courts are generally public which means we can see justice being done
If accused pleads guilty no need for expense and time of a trial –goes straight to sentencing
Use of jury minimises chance for corruption/bias
Presumption of innocence protects the rights of individuals
Trial by your peers/ ordinary citizens have a say in the criminal justice system
Accused does not have to prove anything in court
High standard of proof required protects the accused. It means it is better for a guilty person to be acquitted than an innocent person to be found guilty and lose their liberty/freedom
ineffectiveness of adversary system
jury may be swayed by persuasive oral argument of barristers rather than the facts
Jury may not understand complicated legal terminology and processes
Some expert testimony eg medical evidence may be beyond the intellect or knowledge of members of the jury
Sometimes juries acquit as they place themselves in the shoes of the accused. eg R v Morgan (1996)- Victims may not feel there is justice if an accused is acquitted when they know they are guilty.
