How does the design (adversarial) of the legal system help/hurt in the search of truth?

Answer 1

Our system is not designed as a truth seeking system. It is designed as a procedural system. Procedures are put into place and, if followed, it is presumed that "justice" is done. If such were not the case, then there would not be rules about what evidence could be admitted in a court of law, for example. If the system were about finding the "truth" of some matter, all relevant evidence would be admissible. In our system, however, it is quite to the contrary. If the "rules" governing the collection and admissibility of evidence were not followed, then the evidence is disallowed no matter the impact on finding the "truth." This is set up because of the adversarial nature of the system. Both sides are supposed to follow the same rules and, in so doing, justice is achieved regardless of whether some objective "truth" is ever determined.

Answer 2

that is a very good question. think of our legal system as this metaphor: a Capitalist Darwinian system that allows each side to present the best prosecution and defense each can get and let the fittest survive.
pro on search for truth: each side is motivated to win and the jury will determine who showed the truth
con: each side is motivated to win and may hide and misrepresent evidence to the detriment of truth. poor people without the resources suffer here.
some European models just provide all the evidence to the judge/s and they determine the truth. but that may have down sides too

Answer 3

It hurts. He who has the most money to hire a good lawyer typically wins. Sometimes the system works, but too often it fails. The system has become a complex game to win rather than a quest for truth.

In addition, our "corrections" of criminals usually does not correct anything, it usually makes them worse. The whole system needs to be revised, or perhaps flushed down the toilet and started over.

Answer 4

Two sides with opposite interests both trying to advance their side of the story is presumed, in the adversarial system, to be the best way to get all the facts out in front of the trier of fact.

The DA lays out everything he can discover that makes the defendant look guilty, and the defense lay out everything they can discover that makes him look innocent. With all of both sides facts before them, the jury (or judge in a bench trial) is then best prepared to determine the truth.

Richard

Answer 5

The legal systems is not about truth at all , its more about keeping things orderly