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On the adversarial system

            Critically evaluate the adversarial system and to indicate whether any improvements, based on alternative systems, can be implemented in order to enhance the effectiveness of our court system.
             The Australian Court System is based upon the adversarial system. This system aims at achieving justice and fairness and establishing the truth in all litigations. The adversarial system is essentially a party process. It involves a two sided contest between prosecution and defendant in a judicial area." (Newman D, source 1).
             Nevertheless the adversarial system is doubted by the public on its ability in establishing justice at all costs. In this essay, these points with be evaluated and compared to the inquisitorial system in order to propose potential improvements based on this system will be offered. The inquisitorial system allows the judge unrestricted access to evidences in order to pursue the truth at all cost. .
             The adversarial system's ability in promoting fairness in our court systems can be viewed as the most practical format. Since the court follows a two sided contest with the judge acting as the umpire, there is a balance of power between the judge and the counsels. It prevents judicial impartiality and prejudice to exist. Conversely judicial impartiality is a problem in the inquisitorial system where the judge is both prosecutor and final adjudicator. Furthermore the adversarial system decreases the burden on the taxpayers as the procedures usually take a shorter amount of time in comparison with the inquisitorial system. The causation of the added cost is due to extra flexibility in the inquisitorial system compared to the adversarial system.
             On the opposite side of the argument, the adversarial system is being criticized on its capability in reaching the truth. That can be attributed on the lack of freedoms for judges to discover the truth as they are bind by the evidence provided. This is caused by the etiquette of the system as parties are allowed to control their arguments by presenting only evidence beneficial to their case to the jury and the judge.


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