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2/05/2014

Why The Adversary System Of Trial Is The Best Syst

The foe outline of trial is the best placement of rules for achieving justice in criminal trials for a number of different reasons. The amicable occasion of a instrument panel, the type of licence relied upon and the standard of conclusion, the cross-examining of witnesses and the capability to say criminality tripy, contribute greatly to reaching justice in the adversary establishment. They are all reasons which help the adversary system in accomplishing fairness in criminal trials. The adversary system is a feature of the common law system and was brought to Australia with England. It has accommodate to the Australian legal system. It is a system of trial where, the 2 sides of the causal agency try to present and prove their shift key of the facts and disprove the version of the other side. A jury decides guilt or innocence, maculation a judge or magistrate guides the jury in areas of law, as well as deciding a suitable punishment for the defendant. In criminal cases in the adversarial system of trial, justice is achieved through with(predicate) the use of demo. In the adversarial system, the standard of announce that can be used to support an argument is high. This is seen in the statement the rules of enjoin are considerably more fixed [than the inquisitorial system]. This shows that the evidence that impart be accepted is of healthy quality and that it will little likely be harbor up. The burden of proof in criminal cases lies with the prosecution. The standard that guilt must be proven is beyond reasonable precariousness. This is so that there is less chance of an innocent person creation convicted. The statement, No intimacy how strong the prosecutions evidence may be, if the magistrate or the jury has any reasonable doubt that he or she is guilty, the accused is entitled to be exculpate proves that there should be no doubt when convicting a person. The standard of proof and evidence that the adversary sy stem employs are among the factors that make! it the best system for achieving justice in criminal cases. conclusion is such an...If you pauperism to get a full essay, rig it on our website: OrderEssay.net

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