TRIAL SYSTEM USED IN THE UNITED

STATES

ADVERSARY SYSTEM

ADVERSARY SYSTEM

How does it work?Opposing attorneys introduce

evidence to a fact finder (judge or jury) who determines the facts of “truth” of a case.

Opposing attorneys present their vested arguments and expose weaknesses of the other side in an effort to convince the fact finder.

ADVERSARY SYSTEM

Advantages of the System (good for “truth-seeking”)Fact finder gets to examine the

problem from both sides (hears arguments from both sides)

Competitive aspect forces both sides to work hard and be thorough.

ADVERSARY SYSTEM

Disadvantages of the System (bad for “truth-seeking”)Sometimes evidence is withheld in

order to win the case.Sometimes attorneys are more

concerned with winning than finding out the truth.

ADVERSARY SYSTEM

Disadvantages of the System (bad for “truth-seeking”)Experience and competence of

attorneys are not always equal.

INQUISTIONAL SYSTEM

Used by many European countries

Judge is active in questioning witness and controls the court process including the gathering and presenting of evidence.

Civil v. Criminal Review

State of Illinois v. Jack SmithGeorge W. Bush v. Albert GoreJason Randall v. IBM Corporation

United States v. Christopher Kendall

TRIAL COURTS

What is the purpose?Fact finder must determine the facts

(truth) in disputed situations by listening to the witness testimony and considering the evidence.

Fact finder may be judge or jury.

ROLE OF A JUDGE

Presides over the trialMaintain order in the courtMakes sure the attorneys follow the rules of evidence. (objections in court)

Sentence defendants who have been found guilty.

COURTROOM

Jury System

Voir Dire (to tell the truth)Opposing lawyers question perspective jurors to discover any prejudices or preconceived opinions concerning the case

Jury System

Voir DireOpposing attorneys may request the

removal of any juror who appears incapable of rendering of a fair and impartial verdict. This is called removal for cause

Jury System

Voir DireEach attorney has a number of peremptory challenges. The attorneys can have prospective jurors removed without stating a cause.

QUALIFICATIONS OF JURORS

18 years old, U.S. citizen, resident of state in which you are called

adequacy proficient in English not currently subject to felony charges or

convicted of a felony no disqualifying mental or physical

conditions

6th Amendment

In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime has been committed.

7th Amendment

In suits at common law ( Civil Courts) where the value in controversy shall exceed twenty dollars, the right of a trial by jury will be preserved.