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    Adversarial Criminal Law System

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    Adversarial Criminal Law System

    Please compare the idea of our criminal law system as adversarial to other descriptions of how a courtroom works.

    The assignment should include the following:

    3-4 references

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    https://brainmass.com/law/criminal-law-and-justice/adversarial-criminal-law-system-608938

    Solution Preview

    The legal system within the United States can be considered an adversary system wherein those who are accused are represented by lawyers who are in an adversarial relationship with prosecutors. The judge allows both parties to a controversy develop and present their arguments for or against the defendant's guilt or innocence, which will be determined by judge or jury predicated upon the evidence gathered and submitted by both sides. Both adversaries are allowed to present and question witnesses while adhering to court rules wherein each adversary attempts to control the process. In this system, the fact finder is either a trial by judge or jury, that must maintain neutrality and be passive throughout the proceeding only focusing on the facts..

    There are significant flaws associated this system as it has been considered by many critics who believe that this system focuses too much emphasis on resolving controversies than with finding the ultimate truth. One of the primary issues that is evident with this flawed system is placated upon the fact that those with more access to financial resources receive preferential treatment while the poor and marginalized have less access to legal services, which often results in these individuals having their constitutional rights to freedom and ...

    Solution Summary

    Adversarial criminal law system are examined. The expert compares the idea of our criminal law system as adversarial to other descriptions of how a courtroom works.

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