Essay- Systems of Trial

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Essay- Systems of trial ‘The adversarial system means that the best lawyer wins, rather than the truth prevail. Do you agree or disagree?’ The adversarial system is a legal system used in Australia and other common law countries where there are are two parties going against each other in court to win a case. The judge, magistrate or a jury chooses the side depending on what arguments and evidence that they bring up to the stand. The accused is presumed innocent til otherwise. Wealthy people have said to have a higher chance of winning because of their wealth and resources compared to the poor who cannot find a decent lawyer. This system is more of a one sider but it still also gives the chance and opportunity for both parties to argue their points. Speaking of chances and opportunity there is another legal system which is used but not in Australia, it is called the inquisitorial system. This is where the judges presume that the accused is guilty and tries to gather evidence to solve the case. The judges are more active and involved in the inquisitorial system than the adversarial system. The inquisitorial system is more direct in seeking the truth whereas adversarial system takes time til the truth comes out. The inquisitorial system is used more around the world but some countries use a mixture of both elements from each system. The adversarial system protects their criminal defendants throughout the whole court time til they are guilty or not. Inquisitorial system usually has one judge or a small group doing all the decision making whereas in the adversarial system there are 12 people in a jury and all of the 12 jury discusses the matter before giving them their group answer made up of the majority 0votes. This is better because of broader range of opinions and thoughts. Yes, it is true that rich criminals can get better lawyers and this makes a huge

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