The Adversarial System Essay -- Law

Introduction In the discussion which follows, the function served by evidence within the adversarial transcription will be considered. The central sizeableness of relevance to the admissibility of evidence will be linked to the purpose served by the tribunal of fact. The range of factors which impact on the criminal justice system will act as a basis to consider the plea for the exclusion of certain evidential material. Developments in attitudes as a solution of recent legislation will lead the discussion to the conclusion that the preceding(prenominal) statement is not sustainableSetting the scene Purpose.The adversarial system involves competing versions of gainsay 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 theory of adjudication and the touch that justice absolutely depends on it. Whilst the nature of truth in itself whitethorn 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 another(prenominal) legitimate concurrent goals in the context of the judicial trial which take on the upholding of fairness the exclusion of evidence which may be inherently funny/unreliable or prejudicial. The role of evidence in the dead-on(prenominal) reconstruction of past events and what restraints, if any, should be in place will be explored.Fairness.The adversarial system involves the State pitted against the individual defendant. There is little dubiousness that a significant disparity exists between the combatants. Stockdale and Casel claim that many of the staple fiber rights extended to the defendant are attempts to compensate for ... ...istopher Allen. Practical Guide to indicate.4th.ed (2008) Routledge Cavendish.Jonathan Doak & Claire McGourlay. cruel Evidence in Context.2nd.ed (2009) Routledge-Cavendish.Raymond Emson. Eviden ce. 4th.ed. (2008) Palgrave MacmillanAndrew L.Choo. Evidence 2nd.ed. (2009). Oxford University Press.J R Spencer. Hearsay Evidence in Criminal Proceedings. (2008) Hart Publishing.Adrian Keane. The Modern Law Of Evidence.6th.ed (2006) Oxford University PressMaureen & whoremaster 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 wiretapper. Cross & Tapper on Evidence.(2010) 12th.ed Oxford University Press