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ADVERSARY SYSTEM

ADVERSARY SYSTEM . TRIAL SYSTEM USED IN THE UNITED STATES. ADVERSARY SYSTEM. How does it work? Opposing attorneys introduce evidence to a fact finder (judge or jury) who determines the facts of “truth” of a case.

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ADVERSARY SYSTEM

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  1. ADVERSARY SYSTEM TRIAL SYSTEM USED IN THE UNITED STATES

  2. ADVERSARY SYSTEM • How does it work? • Opposing attorneys introduce evidence to a fact finder (judge or jury) who determines the facts of “truth” of a case. • Opposing attorneys present their vested arguments and expose weaknesses of the other side in an effort to convince the fact finder.

  3. ADVERSARY SYSTEM • Advantages of the System (good for “truth-seeking”) • Fact finder gets to examine the problem from both sides (hears arguments from both sides) • Competitive aspect forces both sides to work hard and be thorough.

  4. ADVERSARY SYSTEM • Disadvantages of the System (bad for “truth-seeking”) • Sometimes evidence is withheld in order to win the case. • Sometimes attorneys are more concerned with winning than finding out the truth.

  5. ADVERSARY SYSTEM • Disadvantages of the System (bad for “truth-seeking”) • Experience and competence of attorneys are not always equal.

  6. INQUISTIONAL SYSTEM Used by many European countries Judge is active in questioning witness and controls the court process including the gathering and presenting of evidence.

  7. Civil v. Criminal Review State of Illinois v. Jack Smith George W. Bush v. Albert Gore Jason Randall v. IBM Corporation United States v. Christopher Kendall

  8. TRIAL COURTS • What is the purpose? • Fact finder must determine the facts (truth) in disputed situations by listening to the witness testimony and considering the evidence. • Fact finder may be judge or jury.

  9. ROLE OF A JUDGE Presides over the trial Maintain order in the court Makes sure the attorneys follow the rules of evidence. (objections in court) Sentence defendants who have been found guilty.

  10. COURTROOM

  11. Jury System • Voir Dire (to tell the truth) • Opposing lawyers question perspective jurors to discover any prejudices or preconceived opinions concerning the case

  12. Jury System • Voir Dire • Opposing attorneys may request the removal of any juror who appears incapable of rendering of a fair and impartial verdict. This is called removal for cause

  13. Jury System • Voir Dire • Each attorney has a number of peremptory challenges. The attorneys can have prospective jurors removed without stating a cause.

  14. QUALIFICATIONS OF JURORS 18 years old, U.S. citizen, resident of state in which you are called adequacy proficient in English not currently subject to felony charges or convicted of a felony no disqualifying mental or physical conditions

  15. 6th Amendment In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime has been committed.

  16. 7th Amendment In suits at common law ( Civil Courts) where the value in controversy shall exceed twenty dollars, the right of a trial by jury will be preserved.

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