On the Theory of American Adversary Criminal Trial

Abstract

The aim of this article is to articulate, elaborate and explore theories of American adversary criminal trial, ultimately making the best case for our system.Many people have mixed feelings about our adversary system, and yet are fascinated by it enough to try to figure out why criminal cases are tried in the rather peculiar way they are.In researching this topic, it becomes apparent that there are very few discussions of the theory of adversariness.While a number of works discuss or critique the adversary system or some of its features, few investigate the theory of the adversary system.Indeed, most justifications proferred for the adversary system are simply rhetorical assertions about its supposed merits.There are few works, however, that attempt to provide explanations or analyses of how the adversary system achieves its claimed results.The principal works that analyze the theory of the adversary system are: Fuller, The

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