The adversary system Flashcards
What is an adversary system
Two parties battling to win the case each acting as the adversary of the other.
Identify thre two parties to a dispute in a criminal trial
The prosecution and defendant
How does each party win a crimnal case
If the accused is found guilty the prosecution has won the case, if the accused is found not guilty, the accused has won the case.
Identify the 5 features to thte adversary system of trial
Role of parties
role of the judge
stndard and burden of proof
the need for legal representation
the need for rules of evidence and procedure
Role of parties
Ech side has the right to put their case to the court by oresenting witnesses and evidence to support their case. They have the right to question the opposing sides witnesses and evidence
Role of the judge
An impartial ajudicator ensuring that the rules of evidence and procedure are followed
Standard and burden of proof
Standard refers to the level of proof reequired to successfully prove a case
Burden- refers to the responsibility of sustaining a case
The need for legal representation
The adversary system presumes that both parties are equally able to present their case with the assistance of proffesional.
Types of evidence
Hearsay evidence
Opinion evidence
what is hearsay evidence
Evidence msut be given first hand. A wtiness must only repeat in court what they know or heard directly. They cannot repeat what a third person told them
Opinion evidence
Can only be given if a witness is recognised by court as an expert Eg doctos froensic scpecialit
Strenghts of the adversary system
Both parties have an equal oppurtunity to present their case
- Innocent till priven guilty
rules of evidence and prcoedure
Weaknesses of the adversary system
Delays
Important evidence may not be heard
Legal representation may be expensive
