Adversarial Criminal Law System
Adversary system or adversarial system is the legal system followed
in the US.
Many of the activities in our legal system are overtly adversarial, and
virtually all of our public legal decisions are processed in an
Under this system, the parties to a case develop and present their
The parties are usually represented by attorneys who actively
present the concerned party’s case.
The role of the Judge in adversarial
Investigatory Trial Systems
Other than the adversarial criminal law system, other countries
utilize the investigatory trial system.
In this system, the judge play an active role in investigating the case
and coming up with evidence.
This is unlike the adversarial system where the court play a neutral
role and act as the referee.
In these cases, judges control the police investigation, specifying the
enquiries they want undertaken.
Other countries follow a semi-inquisitorial scheme in criminal trials.
In this form, a judge is present in the preparation of evidence with the police.
The police and the judge have a say in the way different parties are to show their
case in trial.
The judge asks questions to the witnesses.
Both the defendant and the prosecution parties can enquire additional