POLI 330 Lecture Notes - Lecture 11: De Facto, Adversarial System
28 Sep 2014
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Document Summary
Based on the assumption that the state is simply investigating matters because it has a vested interest in order and minimizing crime. Not on any one side of the dispute: adversarial the state represents the private accuser (aka the victim) The state enters the role of representing the victim in a competition with the defense who represents the potential perpetrator. Continuation of private vengeance the victim has the right to pursue retribution for the crime. Ultimate decider in how the investigation goes on and what it uncovers. Entrusted with the goal of determining what the truth of the facts are: adversarial no one participant with more power. Prosecution, defense, judge, jury all have different roles with equal power. An expectation that the accused or the suspects will cooperate throughout the process and if they do not the other participants will draw conclusions based on that: adversarial the cooperation is not expected.
