Adversary System

Abstract The American criminal justice system relies on judicial restraint and adversarial advocacy to protect the rights of an individual against the power of the state. However, critics believe that such a system values victory over truth and some have advocated for a shift toward an inquisitorial system, which emphasizes an investigative approach to the determination of guilt. This overview of the adversary system contrasts it with the inquisitorial system, and includes a discussion of the differing roles of judges, prosecutors, and defense attorneys in each system. While aspects of both systems can be seen to be very different, both are similar in many ways.