The system of justice in the United States in called the Adversarial System. (Smith, 2005) states, “The adversarial system provides a mechanism for both sides of the case to be presented and considered. It is a fundamental part of the American System of Justice”. This system pits the Prosecution against the Defense in a dialog of arguments. The players include the Prosecuting Attorney(s), Defense Attorney(s), Judge, and Jury.

The Prosecuting AttorneyThe Prosecuting Attorney’s job is to represent the people (The State). He or She is a lawyer, a member of the Bar, and may be a representative or any level of government. The Prosecuting Attorney makes use of facts, examines witnesses, and presents the case in a manner to convince, to proof beyond a reasonable doubt that the defendant(s) are guilty of the charges of which they have been charged.

According to (Siegel & Sienna, 2005), “The prosecutor is the chief law enforcement officer of a particular jurisidiction”. The prosecutor must work with law enforcement officials and determine what if any charges are to be brought.

The Defense AttorneyThe Defense Attorney can either be a court appointed counsel or can be hired by the defendant(s). The Defense Attorney is charged with representing the accused, and assuring they get a fair and just trial.

Their role is to investigate the alleged crime. To interview and counsel the defendant. To work with plea bargains and be an advocate for the accused.

The JudgeThe Judge is an elected or appointed official who typically has experience as a lawyer, is a member of the Bar, and possesses a Juris Doctorate. The Judge is charged with overseeing the trial, to make sure it is conducted according the law and provides due process.

In the case of a trial without a Jury the Judge is changed with making the decision of guilt or innocence basis upon the principle that enough fact has been presented. The litmus test is proof beyond a reasonable doubt. The judge is always responsible for determining the sentence if a defendant is found to be guilty.In the case of a Jury trial the Judge must oversee the trial and give instruction to the jurors. The judge has to power for refuse or allow evidence based on legal rules, and generally maintain due process.

The Jury

Juries are comprised of 12 individuals, and sometimes 2 alternates. They are drawn from a pool of registered voters and must be citizens of the community in which the court has jurisdiction.The jury is charged with making the decision of guilt or innocence based on the litmus test of guilt beyond a reasonable doubt.

ConclusionThe Adversarial system of Justice is comprised, or the Judge, Jury, Defense, and Prosecutor. The system is designed to be based on factual evidence and to be fair and impartial.

References

Siegel, Larry., Senna, Joseph. (2005). Introduction to Criminal Justice. Thomson Wadsworth.