Thelegal system of the United States operates under an adversary system.This system occurs when parties of a controversy in court give theirarguments and provide evident to support them, and also interrogatewitnesses (Siegelet al, 2015).Sometimes the parties are allowed to control the process. In thiscase, the judge of the court remains impartial during the entireprocess. Therefore, it is primarily based on solving controversies.There are certain benefits and drawbacks associated with this system.
Thefirst benefit that the courts of United States derive from using anadversarial system is that it ensures procedural law is followedadequately. Both sides of a controversy are heard, and given theopportunity to provide their arguments in the right manner asrequired by law (Siegelet al, 2015).The rights of all individuals involved are therefore protected andtheir privacy is guaranteed. The jury or judge also remains neutralor impartial so that justice is done without any bias on one side ofthe controversy in court. The courts of United States thereforebenefit from this system because by using it, procedural law of theland is followed and he principles of justice and fairness that arerecognized in the constitution are protected by the courts. The paceof adjudication of justice in the courts is also slow in theadversary system because the courts have to listen to the argumentsand evidence from both sides. This enhances careful deliberation ofcases, and results in effective decision making. It gives the court’sjuries enough time to study the presentations and arguments of bothsides carefully in order to make fair and just ruling henceenhancing the protection of individual rights. The adversary systemcould also allow parties to control the processes of gathering andpresenting evidence, leading to justice and fairness of the courtproceedings on a controversy or case.
Oneof the major drawbacks of the adversary system is that its slow pacemay lead to slow determination of cases and make the legal proceduresin court to be slow, leading to delays and wasting of time in court(Siegelet al, 2015).Justice is denied due to the slow process because the offendedparties may become demoralized and lose hope in the process offinding justice. The use of adversary system in USA courts also leadsto high costs which may not be affordable by poor people. The partiesare required to provide their evidence and defend their arguments.This requires legal advice that may be too costly for poor people.
Whena person commits crime, he or she is taken to a police station wherehe is checked and booked. The suspect is then put in cell where heawaits whether he or she can be released on bail. The suspect may beallowed to post bail immediately after booking, but in most cases heor she should wait for less than 48 hours while a bail hearing isheld in court for the judge to determine whether the suspect can bereleased on bail or not, and if so, at what cost (Siegelet al, 2015).The amount of bail depends on the nature and magnitude of crimecommitted, and the discretion of the judge. The suspect is thenreleased on bail if the judge rules so.
Thedifferent amounts of bail to be paid by suspects depend on the typeof bail. There are different types of bail the first type is the cashbond which refers to the bail which is paid for in full by cash. Thesecond type is the immigration bail bond. This refers to the type ofbails paid by individuals who have committed foreign national crime(Siegelet al, 2015).Surety bond is issued by a bail agent, and is issued when a personuses a bail company to get their loved ones or relatives releasedfrom jail. Federal bail is the type of bail which is determined bythe judge of a court. Lastly, property bond is a type of bail whichis secured through property or a house.
Thediscovery process occurs when the preparation for trial begins. Itinvolves the exchange of information between the parties of a trialabout their witnesses and evidence before the trial begins (Siegelet al, 2015).The discovery process allows the parties involved to understand ordiscover the evidence that the other party has for the case. Itallows each party the time to develop or gather answering evidenceduring trial and questioning or interrogation. A suspect or witnesscan use the discovery process to obtain counsel from his or herlawyer on whether to object or not. The discovery process alsoinvolves document production whereby a party is given the opportunityto see the documents that are relevant, and to be used in the case.The court may also allow access to the computer files if theinformation sought is voluminous.
Anotherissue involved in the discovery process is deposition. These arestatements made as a result of answering questions of an attorney,and the words are sworn and transcribed(Siegel et al, 2015).This allows attorneys to ensure that people stick to their storiesand see the contents of the other side. During the discovery process,anything can emerge. Therefore, it is important for both parties tobe honest with their lawyers about the issues involved.
Siegel,L.J., Schmalleger, F., & Worrall, J. L. (2015). Courtsand criminal justice in America(2nd ed.). Upper Saddle River, NJ: Pearson.