How is the adversarial system of justice related to the truth-seeking function of the courts?

Question

What will be an ideal response

Answer 1

Under this system the courtroom becomes a battleground where participants often have little regard for guilt or innocence; rather, concern centers on whether the state is able to prove guilt beyond a reasonable doubt. To many people, this philosophy contradicts what courts were intended to accomplish. In the adversary system, the desire to win can become overpowering. Several safeguards have been put in place to enable this system to reach the truth. First, evidence is tested under this approach through cross-examination of witnesses. Second, power is lodged with several different people; each courtroom actor is granted limited powers to counteract those of the others. If, for example, the judge is biased or unfair, the jury can disregard the judge and reach a fair verdict. If the judge believes the jury has acted improperly, he or she can set aside the jury's verdict and order a new trial. Furthermore, both the prosecuting and defense attorneys have certain rights and authority under each state's constitution. This series of checks and balances is aimed at curbing misuse of the criminal courts.