Those time in prison for a wrongful

Those who are opposed to this system point out that this is
a system of procedural justice and not substantive justice; whereas substantive
due process is a real justice. Procedural process only goes through the
motions of what looks like justice. Another criticism of the Adversarial System
is that a higher value is placed on winning, than actually finding
the truth. Lawyers are more likely to hide the evidence that is not favourable
to their side regardless of whether it would prove the innocence or guilt of
the person on trial. Another criticism is that while we all have the right to
be heard in a court of law and in front of a neutral judge and an
jury, we apparently do not have the right
to equal representation. In general, the more money a
client has, the better the attorney that can be hired, and
thus the better the chances are of winning the case. Some even
feel that too many poor and minorities are in prison because of the
inequity within this system.  

 

There have been many wrongful conviction stories in the news
over the years. Many would say that those in the
news are the lucky ones; what
about the individuals who are doing time in prison
for a wrongful conviction? Even the Justices’ agree that there
is a problem with the Adversarial System, “People who are well
represented at trial do not get the max penalty … I have yet to see a max
penalty case among the dozens coming to the Supreme
Court.  Applications in which the defendant was well represented at
trial.”(Ginsburg, 2010). There may not be a better system available
at this time but that does not mean that change is not necessary. Even
some judges who hear criminal cases are in favour of change. If there
is evidence that becomes available and proves an individual’s innocence it
must be heard – a person should be exonerated no matter when the truth is
found. No person who is innocent should ever be sentenced to
life in prison when there is evidence that proves their
innocence. But in the meantime, another person proclaiming his innocence
creeps closer to their days of dying in a federal prison; and we still see
more and more people being exonerated after serving years and even decades in
prison, wrongfully convicted.  

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