The Student Room Group
Original post by Vueling
If anyone has any spare time, I would greatly appreciate some advice on this essay question. I must complete this essay using 1500 words and i am struggling to find enough information. Thank you.
Discuss the extent to which the adversarial system can be said to be a myth. Draw on a range of aspects of the criminal justice system.

Do you have a brief plan that you can share?
Reply 2
Original post by BooBooBeanz
Do you have a brief plan that you can share?

I created a basic plan to breakdown what my paragraphs would consist of. Introdction (Basic definitons and summarising what will be discussed in my essay), Body and concluson (Rounding up the evidence and delivering a final verdict). With the body, i planned to identify where the adversarial system proved to deliver justice, and where it did not. I also wanted to be more specific towards which aspects of the criminal justice system (such as policing, presecution, jusdges and magistrates, juries, and procedural justice) the adversarial system had major and minor impact upon. i have found information which draws towards the negative side of the adversarial system, but i need to link it towards the criminal justice system. I am currently struggling to find information which proves the adversarial system does support the many aspects of the criminal justice system.
Reply 3
I also plan to break this down into 3 different arguments.
Each one providing and For and Against to the essay quesiton.
Original post by Vueling
I created a basic plan to breakdown what my paragraphs would consist of. Introdction (Basic definitons and summarising what will be discussed in my essay), Body and concluson (Rounding up the evidence and delivering a final verdict). With the body, i planned to identify where the adversarial system proved to deliver justice, and where it did not. I also wanted to be more specific towards which aspects of the criminal justice system (such as policing, presecution, jusdges and magistrates, juries, and procedural justice) the adversarial system had major and minor impact upon. i have found information which draws towards the negative side of the adversarial system, but i need to link it towards the criminal justice system. I am currently struggling to find information which proves the adversarial system does support the many aspects of the criminal justice system.
Reply 4
Also, there is a second essay which i could choose to do, inseatd of this one. It goes; The criminal justice is not a system, it is a set of linked organisations with their own conflicting goals. And can never be effective. Draw on a range of aspects of the criminal justice system.

If i could rescieve some help with research on either question, i would appreciate it. Switching essay questions is not a problem.
Original post by BooBooBeanz
Do you have a brief plan that you can share?
Reply 5
Original post by Vueling
If anyone has any spare time, I would greatly appreciate some advice on this essay question. I must complete this essay using 1500 words and i am struggling to find enough information. Thank you.
Discuss the extent to which the adversarial system can be said to be a myth. Draw on a range of aspects of the criminal justice system.


Hi, Vueling. do you still need help?
Reply 6
Original post by KEVINCAL
Hi, Vueling. do you still need help?


Yes please, any advice would be appreciated. I just need some pointers towards research
Original post by KEVINCAL
Hi, Vueling. do you still need help?


i also need help i nchoose 'The criminal justice is not a system, it is a set of linked organisations with their own conflicting goals'
Reply 8
Original post by merveille09
i also need help i nchoose 'The criminal justice is not a system, it is a set of linked organisations with their own conflicting goals'

I have some idea as to how to answer this question. You need to draw on the different organistions within the criminal justice system and their goals. Such as Law enforcement (Police), Courts, Prisons etc.
You could identify any conflicting goals and how these impact justice.
Discover whether these agencies share the same principals of justice and whether these principles support society.
Also include who thse conflicting goals may impact.
Reply 9
Original post by Vueling
If anyone has any spare time, I would greatly appreciate some advice on this essay question. I must complete this essay using 1500 words and i am struggling to find enough information. Thank you.
Discuss the extent to which the adversarial system can be said to be a myth. Draw on a range of aspects of the criminal justice system.


Hey Vueling,

You can draw insights from this journal article - https://journals.sagepub.com/doi/full/10.1177/1365712719867972. There is a discussion on the impact of the Criminal Procedure and Investigations Act 1996 (CPIA 1996) and the Criminal Procedure Rules (CrimPR) from a defence lawyer’s point of view. Generally, the extent to which the adversarial system can be considered a myth depends on one's perspective. Some critics argue that the system is fundamentally flawed and does not adequately protect the rights of defendants or ensure that justice is served. For example, the journal article argues that the Criminal Procedure Rules (CrimPR) in England and Wales have consolidated many procedural rules, but have also put the acquittal of the innocent and conviction of the guilty at the heart of the Rules, which undermines the adversarial process.

Additionally, the use of plea bargains, which allow defendants to plead guilty to a lesser charge in exchange for a lighter sentence, can also undermine the adversarial system by incentivizing defendants to plead guilty without fully exploring their legal options.

Other critics argue that the adversarial system is not always fair, particularly when it comes to the allocation of resources and power between the prosecution and defence. For example, the prosecution may have access to more resources and evidence than the defence, which can make it difficult for the defence to adequately represent their client.
(edited 2 years ago)
Reply 10
Original post by merveille09
i also need help i nchoose 'The criminal justice is not a system, it is a set of linked organisations with their own conflicting goals'


The criminal justice system in the UK is a complex network of organizations and agencies with varying goals and responsibilities. These organizations include law enforcement agencies, such as the police and the Crown Prosecution Service (CPS), which investigate crimes and prosecute offenders; courts, which hear cases and determine the guilt or innocence of defendants; and correctional facilities, such as prisons and probation services, which are responsible for supervising and rehabilitating offenders.

You can focus on the “conflict” aspect of the criminal justice system. As a result of different goals and priorities, there can be conflicts and tensions within the criminal justice system. For example, law enforcement agencies may be under pressure to secure convictions, which can lead to the use of questionable evidence or tactics. Courts may be overwhelmed by a large caseload, which can lead to delays and challenges in providing a fair and efficient justice process. Correctional facilities may be overcrowded and underfunded, which can lead to inadequate support for offenders and difficulties in reducing recidivism.
Reply 11
Wow, this is amazing.
Thank you so much for the help, i now confident in answering this essay question.

Thanks again :h:
Original post by Gesengi
Hey Vueling,

You can draw insights from this journal article - https://journals.sagepub.com/doi/full/10.1177/1365712719867972. There is a discussion on the impact of the Criminal Procedure and Investigations Act 1996 (CPIA 1996) and the Criminal Procedure Rules (CrimPR) from a defence lawyer’s point of view. Generally, the extent to which the adversarial system can be considered a myth depends on one's perspective. Some critics argue that the system is fundamentally flawed and does not adequately protect the rights of defendants or ensure that justice is served. For example, the journal article argues that the Criminal Procedure Rules (CrimPR) in England and Wales have consolidated many procedural rules, but have also put the acquittal of the innocent and conviction of the guilty at the heart of the Rules, which undermines the adversarial process.

Additionally, the use of plea bargains, which allow defendants to plead guilty to a lesser charge in exchange for a lighter sentence, can also undermine the adversarial system by incentivizing defendants to plead guilty without fully exploring their legal options.

Other critics argue that the adversarial system is not always fair, particularly when it comes to the allocation of resources and power between the prosecution and defence. For example, the prosecution may have access to more resources and evidence than the defence, which can make it difficult for the defence to adequately represent their client.
Can I just clarify the CPS do not investigate crimes. The police do. The CPS make decisions relating to prosecutions only. Whilst police may receive advice about lines of enquiry that are reasonable the CPS cannot and will not direct the police or take over any investigative role.