The Adversarial System Essay -- Law

Introduction In the discussion which follows, the function served by evidence at heart the adversarial system will be considered. The central importance of relevance to the admissibility of evidence will be linked to the purpose served by the tribunal of fact. The range of factors which push on the criminal justice system will act as a basis to consider the justification for the exclusion of certain evidential material. Developments in attitudes as a result of recent legislation will lead the discussion to the conclusion that the above statement is not sustainableSetting the impression Purpose.The adversarial system involves competing versions of disputed events being advanced by parties to the litigation. The purpose of this battle is much debated in the academic literature. Certain commentators emphasise the truth seeking opening of adjudication and the belief that justice absolutely depends on it. Whilst the nature of truth in itself may be contested, it is accepted, for the purpose of this discussion, that it is the central goal of the adversarial system. Murphy draws attention to other(a) legitimate concurrent goals in the context of the judicial trial which include the upholding of fairness the exclusion of evidence which may be inherently suspect/ perfidious or prejudicial. The role of evidence in the accurate reconstruction of past events and what restraints, if any, should be in place will be explored.Fairness.The adversarial system involves the aver pitted against the individual defendant. There is little doubt that a significant disparity exists between the combatants. Stockdale and Casel claim that many of the basic rights extended to the defendant are attempts to compensate for ... ...istopher Allen. Practical Guide to Evidence.4th.ed (2008) Routledge Cavendish.Jonathan Doak & Claire McGourlay. Criminal Evidence in Context.2nd.ed (2009) Routledge-Cavendish.Raymond Emson. Evidence. 4th.ed. (2008) Palgrave MacmillanAndrew L.Choo. Evi dence 2nd.ed. (2009). Oxford University root on.J R Spencer. Hearsay Evidence in Criminal Proceedings. (2008) Hart Publishing.Adrian Keane. The advanced(a) Law Of Evidence.6th.ed (2006) Oxford University PressMaureen & John Spencer. Evidence. Concentrate. (2010) Oxford University PressTobias Thienel. The Admissibility of Evidence Obtained by Torture under International Law. (2006) The European Journal of International Law. Vol 17. No.2Robert Munday. Evidence. Core Text Series. (2009) 5th.ed Oxford University PressColin Tapper. Cross & Tapper on Evidence.(2010) 12th.ed Oxford University Press