The adversary system presupposes truth emerges from balanced partisan clash.

Evidence

The adversary system of justice works on the principle that truth will emerge from the clash of partisan presentations by the parties in a case. Each party is expected to bring forth all the evidence and arguments that support its position. The prosecution can secure the evidence it needs through its power to subpoena witnesses— that is, to require them to appear under the threat of legal punishment. To equalize matters, the Sixth Amendment gives defendants in criminal cases this same power to compel witnesses to appear. The adversary system also assumes that each party will seek to discredit the evidence and arguments of the opposing party, and so the Sixth Amendment guarantees defendants the right to confront and question witnesses against them. — G. Alan Tarr, Judicial Process and Judicial…, 1308

The adversary system of justice works on the principle that truth will emerge from the clash of partisan presentations by the parties in a case. Each party is expected to bring forth all the evidence and arguments that support its position. The prosecution can secure the evidence it needs through its power to subpoena witnesses— that is, to require them to appear under the threat of legal punishment. To equalize matters, the Sixth Amendment gives defendants in criminal cases this same power to compel witnesses to appear. — G. Alan Tarr, Judicial Process and Judicial…, 1308

Categorization

• DEFINE: Explains the adversary-system premise and the subpoena power’s role in equalizing the parties.
• corroborated: 2 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 1308
• recurring: this claim recurs 2 times within its source
• XREF: connects to: Justice is expected to emerge from balanced partisan presentations — G. Alan Tarr, Judicial Process and Judicial…, 922; Formal two-sided balance distorts rather than serves truth in reporting conflict — Hall, Stuart, Essential Essays, Volume 1, 866; The adversary system works by having opposing sides produce and challenge evidence — G. Alan Tarr, Judicial Process and Judicial…, 802

Broader Connections

• Formal two-sided balance distorts rather than serves truth in reporting conflict #contradicts (0.85) — Hall, Stuart, Essential Essays, Volume 1, 866