Contact The Adversary System: The adversary system is the method of trial used within Australia's legal system. Under this system, two sides opposing parties or adversaries come before an independent and impartial court in an attempt to prove their allegations. This process requires parties to prepare their own case and submit appropriate evidence to a certain standard to substantiate their claim.
Our first guest today is Evan Whitton. Evan is an award-winning journalist, he's written frequently about organised crime in books such as Can of Worms and Amazing Scenes. More recently he's turned his attention to Australia's adversary legal system, which of course we inherited from the British, arguing that the European investigative model is far more efficient Adversary legal system australia also more just.
Evan Whitton, welcome to the program. Most of us are familiar with the adversary system which in a sense privatises justice as an updated version of trial by combat, but could you briefly describe for us the European system?
The European system, unlike our system, is based on the idea that the idea is to find the truth. Our system is the only system in the world that says that the truth doesn't matter, it's the only system in the world which conceals evidence from jurors. The European system tries to find the truth and it also has trained judges trying to find the truth rather than lawyers trying to confuse the issue.
And how does it work over there? How would they conduct a trial?
If it's a serious case they have a jury and the jury sits on the bench with the judges or judges, three judges and nine jurors, say. They hear just enough evidence to establish the truth, it doesn't need to go on forever.
The way our system works where lawyers control the evidence, they just can spin it out for months. And the result of the European system trying to find the truth is that in criminal cases they put away twice as many guilty criminals as we do, at half the cost.
Am I right in thinking that over there the judges tend to direct the course of the trial? In other words, it's not largely in the hands of lawyers, as it is here?
No, the judges control the evidence and, just as importantly, they let the witnesses give the evidence as a narrative, it's none of this 'yes or no' stuff which you can force a guy to lie by asking him to say yes or no.
It's all predicated on the fundamental thing is 'what is the truth', and I suppose we ought to talk about 'what is justice' We might talk about that in a moment, but I have been discussing your book with many people and most of them have told me that we need our system, our system is superior because in it corrupt police and evil judges can't jail innocent people, which apparently they believe happens regularly in France and Germany.
Before we discuss that, let me ask a preliminary question; do we know how many of the people who are charged and go to trial are actually innocent? An American lawyer, Alan Dershowitz, who says most of his clients were guilty, he says almost all That's interesting because it does seem to be a fairly widespread perception that there's a flood of innocent people being hauled before the courts.
Why would you do it?The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth and pass judgment accordingly.
The Adversary Legal System In Australia Essay As the name suggests, the adversary system in Australia refers to a method of trial, which involves contestants or adversaries, that is, it is an adversarial approach in attempting to resolve legal issues between two opposing sides.
The legal system used in Australia is called an adversary system. This means there are two opposing sides, each trying to prove the other wrong. Features of the adversary system .
The legal system in the United States is known as an adversary system. In this system, the parties to a controversy develop and present their arguments, gather and submit evidence, call and question witnesses, and, within the confines of certain rules, control the process.
The legal system used in Australia is called an adversary system. This means there are two opposing sides, each trying to prove the other wrong.
Features of the adversary system are. major features of the adversary system of trial, including the role of the parties, the role of the judge, the need for the rules of evidence and procedure, standard and burden of proof and the need for legal representation; Powered by Create your own unique website with customizable templates.