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  • Essay / Main Objectives of the Judicial System - 1676

    The main objective of the judicial system is to obtain the truth and enforce the laws, statutes and legislation created by the government. However, some will argue that some legal procedures in some countries are not as effective as others in uncovering the truth about what really happened. The two systems constantly analyzed are the adversarial procedure and the inquisitorial procedure, both of which have supporters and critics, advantages and disadvantages. Therefore, the main objective of this essay will be to demonstrate how the legal systems available in some countries are sometimes insufficient to establish the truth of cases and subsequently lead to miscarriages of justice. To do this, the essay will focus on a brief history of the development of the current British legal system. Second, compare and contrast the adversarial and inquisitorial system. Additionally, show the advantages and disadvantages of these procedures by focusing on four main areas such as legal representations, police, judges and finally the accused. Finally, the article will conclude by answering the question of whether the adversarial nature of trials is an effective means of getting to the truth about what happened. The legal system of medieval times was not as sophisticated or as concerned with human rights as that of medieval times. like the justice system is today. Additionally, Hosteller (2008, p. 9) reports that the defendants' treason and felony cases were not allowed to have legal counsel present to support them. He also goes on to state that during this period, many trials were trials by ordeal where a person risked being killed or tortured in a brutal manner, such as trial by fire, water, or battle. However, these forms of ...... middle of paper ...... ice: The history and origins of the adversarial process. Winchester: Waterside Press. Malleson, K. (2007). The legal system. 3rd ed. Oxford: Oxford University Press. Dammer, H.R. (2013). Comparative criminal justice systems. United Kingdom: Cengage Learning. Doak, J. and McGourlay, C. (20120. Evidence in Context. 3rd ed. London: Routledge. Newburn, T. (2009). Key Readings in Criminology. Cullompton: Willan Publishing. Smith, CE (2003). Courts and trial: A reference manual Santa Barbara: ABC-CLIO.Holt, R. (June 4, 2010) The Telegraph Available at: http://www.telegraph.co.uk/news/uknews/crime/7795117/The-. Guildford-Four-in-the-name-of-justice.html [Accessed December 10, 2013] Human Rights Act 1998 [Online]. uk/ukpga/1998/42/schedule/1/enacted[Accessed December 13 2013]