Adversary System of Justice (Political Science)

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  • The manner in which criminal cases are prosecuted under a common-law system. Great Britain and her former colonies adopted the common-law approach. There are two adversarial sides to a criminal trial: the defense, a private or court-appointed attorney representing the defendant, and the prosecution, a public attorney prosecuting on behalf of the victim. The burden of proof is always on the prosecutor, and a defendant is presumed innocent until proven guilty. A jury of one's peers and/or a judge hears the evidence of the case and makes a final determination. In contrast to this is the inquisitorial system, which is present in civil law countries. There is no private defense, and it is not mandatory that a jury hear a trial nor is the presumption ...

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