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The Adversary System Of Trial Essay

932 words - 4 pages

The adversary system of trial is a system used in Australia. Adversary is another word for enemy or opponent and thus proceedings appear to be conducted following this idea. There is another alternative system such as the inquisitorial system which will be discussed further on.The Adversarial system of trial has both negative and positive aspects where it proves to be both an effective or negative system to be followed. The basic feature of the adversary system is that there are two opposing parties, a "plaintiff" who claims that a wrong has been done, and a "defendant" who denies it. Criminal and civil court proceedings use an adversarial system of trial. The impartial person (usually a ...view middle of the document...

The Inquisitorial system is a system used on the European continent, where there is no jury and the judge makes the sentencing. In the inquisitorial system of trial, the magistrate or judge collects the evidence for both sides in cooperation with the prosecutions after inquiries have been made and then sentences the person. There may also be several judges working on one case. In comparison with the adversarial system, an inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case. As opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. A case that demonstrates whether the adversarial system is effective or not is the Karen Louise Ellis case from 'The Australian' on the 6th of May 2005. Karen Louise Ellis was a thirty-seven year old woman and former physical education and health teacher. She is also married with three children. She was charged with having an affair with a seventeen year old boy with whom she had sexual relations. The outcome of this case was that she was let go with no charges and no time spent in jail. After she was acquitted, she committed a similar offence with a fifteen year old boy named Benjamin Dunbar who she had repeated unprotected sex with at her North Eltham home during the six and a half weeks while her husband was interstate. She was tried and sentenced for sexual penetration with a child and was sent to prison for 6 months. The next day the director of public prosecutions made an...

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