Adversarial trials let each side’s attorneys shape evidence presentation to serve their clients.
Evidence
Under our adversarial system of justice, trial courts rely on the parties in the case to uncover relevant physical evidence—anything from documents and reports to, as in the von Bulow case, a syringe and insulin— and to bring forward witnesses to testify about what happened. As the von Bulow trials reveal, this reliance allows the attorneys for each side to structure the presentation of evidence to advance their clients’ interests. They can enlist expert witnesses to support their clients’ version of the facts, as in the second von Bulow trial, when the defense called its own experts to counter the medical testimony of the prosecutor’s experts. Attorneys can also cross-examine the witnesses called by the other side. — G. Alan Tarr, Judicial Process and Judicial…, 790
Categorization
- DEFINE: Explains the adversarial system — parties, not the judge, gather and present evidence.
- XREF: connects to: Adversarial lawyers serve clients while inquisitorial lawyers serve justice — G. Alan Tarr, Judicial Process and Judicial…, 636; Adjudication proceeds through adversarial claims, proofs, and counterproofs to a decision — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 17; The adversary system works by having opposing sides produce and challenge evidence — G. Alan Tarr, Judicial Process and Judicial…, 802 (+4 more)
Broader Connections
- The adversary system works by having opposing sides produce and challenge evidence
#expands(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 802 - Adjudication proceeds through adversarial claims, proofs, and counterproofs to a decision
#expands(0.78) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 17 - Sustained investigation can harden rather than erode an advocate’s belief in their case
#complicates(0.76) — , Harr Jonathan - A Civil Action, 1446 - Expert witnesses can undermine their credibility through selective memory during trials.
#exemplifies(0.73) — Lynley Hood, A City Possessed, 1679