Strengths and weaknesses of the adversary system of trial
Role of the parties
| Advantages | Disadvantages |
| Each party is empowered to discover the truth, acting out of self-interest to present the best case and win | Unfavourable evidence may be omitted, leading to the truth not being revealed |
| Each party is in control of their own case, which gives individuals access to the legal system | High costs may discourage a person from pursuing legal action, as cases can become a contest over who can spend the most money and employ the most skilled lawyer |
| Basic democratic right to defend oneself is upheld | Democratic right to defend oneself is diminished if one cannot afford legal representation |
Role of legal representation
| Advantages | Disadvantages |
| Lawyers provide expertise and knowledge of how to present a good case | The outcome may be more of a reflection on who has the best legal representation |
Role of the judge
| Advantages | Disadvantages |
| Impartial third party upholds principles of fairness, equality and justice | Impartial role sees that a judge’s expertise is not fully utilised. They cannot use their knowledge to help the parties |
Rules of evidence and procedure
| Advantages | Disadvantages |
| Inadmissible evidence rules protect both parties as unreliable evidence is not heard | Delays do occur for a number of reasons. This means that a trial is not strictly “single and continuous” and problems can arise (for example, juries or witnesses may forget details) |
| Rules of procedure ensure continuity and therefore evidence should be easier to follow | Complex rules mean that legal representation is all the more necessary |
Standards and burden of proof
| Advantages | Disadvantages |
| In criminal cases, the high standard of proof required to find an accused guilty helps ensure certainty in the verdict | The prosecution or plaintiff may omit unfavourable evidence in an attempt to win the case |
See also:
Features of the adversary system of trial
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