Summary Exam 2 Study Guide (NEW UPDATE ) CJL3038

Exam 2 Study Guide 1. The Adversarial System – says that conflict resolution is best achieved through an adversary process a. Relies on the skill of different advocates representing the parties’ positions, and not on a neutral party b. Trial process is a formal means of resolving conflict, but not one for necessarily finding the ultimate truth c. Assumes 3 things: c.i. Those who the dispute affects should be responsible for making their arguments . The biases of self-interest… .1. Are necessary motivators in discovering the truth .2. Are offset by placing the dialogue in the courtroom (a neutral place with neutral supervision) .3. Help you to win a trial, you have motivation and desire to win .3.a. Defendant has the most to lose, they want a certain outcome and will fight for their version of the truth . The conflict can take place within our system of law d. Found in the US, Canada, and UK e. Advantages: e.i. Both parties investigate the case; get “both sides of the truth” . Motivates each party to put forth efforts to find truth and persuade the fact finder in a competitive trial . Promotes more respect for individual rights . Formal rules preserve an equal playing field; assume fair administration of justice e.v. Less removed from the average citizen . Trial by jury—better than a government paid agent . Participants generally feel as if they have been treated fairly f. Disadvantages: f.i. It is criticized for promoting a competitive atmosphere that can distort the truth . Jurors have to choose between two versions of the truth, both of which can be inaccurate and incomplete .1. There isn’t one complete story