The adversarial-accusatorial label: a constraint on the search for truth

Article Abstract:

Preconceived notions of the adversarial or accusatorial nature of the criminal justice system should not place a constraint on reforms designed to enhance the search for truth. Arguments based on the distinction between accusatorial and inquisitorial systems tend to be question-begging or circular. The Constitution is used to define the accusatorial system, but then reference to the accusatorial system is also used to interpret the Constitution. In fact, the system has always included both accusatorial and inquisitorial elements, and the meaning of the terms is not fixed.

Criminal procedure, Adversary system (Law), Adversary system

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Against exclusion (except to protect truth or prevent privacy violations)

Article Abstract:

Good evidence is excluded too often under the Fourth, Fifth and Sixth Amendments. The inclusion or exclusion of evidence should be based on the search for truth constrained by valid privacy protections. Valid privacy privileges are those which apply not just to criminal defendants but to all witnesses in all kinds of cases. The rules as they are currently interpreted sometimes enable the guilty to avoid conviction and also harm the innocent defendant.

Exclusionary rule (Evidence), Exclusionary rule

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