Commentary

A. The Crucible: The Adversarial System

Justice in America is sought in an adversarial system. That is, the parties argue and dispute, attacking and eliminating the arguments of their opponents—until what is left is the truth. The analogy is to a crucible in a laboratory. A compound is placed in the crucible, and heat is applied. The impurities are burned away, and what is left is a pure substance.

Why do we have such a system? There are quicker and more efficient ways to resolve disputes. But often, parties to a lawsuit care not so much about winning, as they care about being heard. They are often more passionate about a wrong being righted, than a person being punished. Essentially, there is a psychological satisfaction in having one's "day in court."

This system can be cumbersome. But it can also work surprisingly well—if the rules of engagement are followed. If attorneys, prosecutors, police, parties and judges do not follow the rules—of ethical conduct, of evidence, of procedure—then the system will become distorted and the results unfair. If the American legal system is allowed to operate as it was designed to, it can be particularly elegant and effective.