Adversarial...

[Blansky]

For most of us our TV watching is spent on some form of criminal drama that ends up in court and we watch the drama play out in an adversarial and confrontational manner.

Essentially the prosecution and the defense spin a yarn to the jury and the jury decides which yarn they like better. In each case the yarn could be total BS, or the jury may like one lawyer better than the other.

But people's lives hang in the balance and we all know of cases where the jury got it terribly wrong, either by police misconduct, prosecutorial misconduct or the prosecution or defense spun a better yarn. Or of course there's jury nullification where the jury decides someone may be guilty, but they refuse to find then guilty.

We watch a lot of European TV and in some of those countries the Judge is in charge of the investigation, not the police. That system is called Inquisitorial.

Since so much of life these days seems adversarial, I got me wondering if the constant adversarial relationships in public life are due to our entire concept of dealing with each other and could it be due to our adoption of the adversarial system from British Common Law.

Here's a link to the two systems...https://4legalenglish.com/legal-theo...y-differences/

I wonder what the lawyers here think?