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Adversary and Civil System

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Submitted By paranerd
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While researching the “adversary system” and the “civil system” I found them both to have different approaches to obtain the same results, “the truth”. The court procedures in a civil system vary from country to country.
The adversary system is more effective in having a fair trial. This system uses two attorneys to represent their respective clients. There is also an impartial judge (and jury if needed) to render a verdict. The jury is group of 12 peers that are sworn to listen to the facts of a case. Jurors are questioned by the prosecution and defense to try to insure they are not biased. A unanimous decision is required for conviction. While opposing attorneys are to represent their clients to the best of their abilities they are also officers of the court. As officers of the court lawyers have an ethical duty to tell judges the truth.
In the civil system the judge establishes the facts of the case, brings charges, gathers the evidence, and questions plaintiffs and defendants. Attorneys play a less active role in defending their clients, they are charged with finding the truth. In a criminal trial the decision is made by a judge or group of judges and a small group of lay assessors. Lay assessors are selected randomly from the population. They are not questioned by the prosecution or the defense, so they could be biased. A two-thirds majority is usually required for conviction.
The US Constitution gives us certain rights that the civil law system does not. For example in the US, you have the Presumption of Innocence, The right to trial by jury, right to a speedy trial. In the US the states have the right to adopt whatever law system they want, as long as it doesn’t conflict with the constitution or federal law. Therefore there would be some issues attempting to apply a complete civil law overhaul in the US.

In the Supreme Court case of The State of…...

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