CJL 3038 Lecture Notes - Lecture 7: Examining Magistrate, Adversarial System, Neutral Party
Document Summary
The clash is going to result in the most just decision/outcome: relies on the skill of the different advocates representing the parties" positions and not on a neutral party. The people building the truth are very motivated to win the case. The defense and prosecution are very motivated to have their version of the truth/facts under question to win. This is in contrast to a neutral party. Those who the dispute affects should be responsible for making their own arguments. In the adversarial system, the people who are going to be most affected by the outcome of the case/dispute are the ones that should be making arguments in either direction. Those that are being affected (defendant, state, or plaintiff) are the ones that should be presenting and making their arguments: 2. ) Are necessary motivators in discovering the truth. Are offset by placing the dialogue in the courtroom.