The adversary system of law is the system of law that relies on the contest between each advocate representing his or her party’s positions and involves a judge or jury, trying to determine the truth of the case. This system is generally adopted in common law countries. The adversary system is the two sided under which criminal trial courts operate that pits the prosecution against the defense. Justice is done when the adversary is able to convince the judge or jury that his or her perspective on the case is correct. In Betts v. State, 225 P.3d 1211 (Kan. Ct. App 2010). Betts was convicted of first degree murder and the underlying claim is that he was denied his sixth amendment right to effective counsel. Betts raised many issues ...view middle of the document...
When dealing with civil law one should keep in mind the difference between a statue and a codal article. The marked feature of civilian systems is that they use codes with brief text that tend to avoid factually specific scenerios. The purpose of codes is to provide all citizens with manners and written collection of the laws which apply to them and which judges must follow. Where codes exist, the primary source of law is law code arranged by subject matter in same pre-specified order and that explain the principles of law, rights to entitlements and how basic legal mechanisms work. In Balla v. Gambo Inc Ill.2d 492 (Ill.1991), an attorney represented his employer that he would do what is necessary to stop the sale of certain misbranded adulterated dialyzers. The employer fired the attorney and the attorney filed an action for retaliatory discharge. The court found that the attorney has an ethical obligation pursuant to Model Rule 1.6 to reveal information necessary to prevent a client from committing a crime.
In comparison, an accused is not compelled to give evidence in a criminal adversarial proceeding, he may not be questioned by prosecutor or judge unless he chooses to do so. While defendants in most civil law systems can be compelled to give a statement, this statement is not subject to cross examination by the prosecutor and not given under oath, civil law courts generally decide cases using codal provisions on a case by case basis without reference to other judicial decisions. In my opinion the adversary system is more effective because in this system the parties to a controversy develop and present their arguments, gather and submit evidence and call and question witnesses, which seems to be more effective.