The Adversary System Essay Example | Topics and Well Written Essays - 1500 words

The Adversary System - Essay Example Moreover, professionalism is of critical importance, and should be exhibited by all parties. This serves to ensure that parties do not attempt to demean or abuse the process. Despite the evident use of the adversary system, it still has certain ethical issues that include access to justice, accountability, and loyalty to the client. The adversary system is a two sided structure adopted when handling cases to determine justice. In this system, advocates represent the two different parties involved in both criminal and some civil cases. The adversary system relies on the capacity of a jury or judge that must exhibit a high degree of impartiality. After both sides make concerted efforts to present their gathered evidence in a bid to convince the jury or judge, the jury or/and judge determine the winner of the case. Notably, the adversary system is a phenomenon exhibited by countries that have adopted and practiced common law. This paper will describe the features that define the adversarial system, as well as some ethical issues related to the adversarial system. Research has revealed that the adversary system has existed since the medieval era. During this era, it was realized that certain litigants in the society lacked the capacity to effectively offer their defense when required to in the ‘the trial by combat’ system. For instance, women formed a group of vulnerable individuals that exhibited minimal capacity in the bid to defend themselves. Therefore, it was considered fair for such people to receive help from representatives in presenting their case. Different societies would later adopt this system of handling criminal cases. However, the system has changed over time, from the medieval application to the concentrated system evident in many courts in modern day (Leo, 2008). In modern day, the accused does not