The adversarial system of trial can sometimes be effective, whereas other times not very effective. In an adversarial system of trial, two sides of the case try to present and prove their version of the facts and disprove the version of the other side. An imperial judge and sometimes a jury listen to the evidence and make a decision as to which side is correct. However in the inquisitorial system of trial the magistrate or judge collects the evidence for both sides in cooperation with the prosecution after inquiries have been made. A case that shows that the adversarial system of trial does not always achieve justice is the Lindy Chamberlain case.
The Chamberlain family was camping at Uluru in Australia's Northern Territory, when at around eight o'clock at night; they heard a cry from the tent where their ten week old baby girl and four year old son were sleeping. Rushing to the tent, the mother of the child, Lindy saw a dingo near the tent's entrance and upon entering, realised with horror that her baby daughter Azaria, was missing and all that remained was a pool of blood on the floor. The police arrived and a search was organized but no traces of the baby were found. Lindy Chamberlain was charged with the murder of Azaria Chamberlain and Michael Chamberlain was charged with being an accessory after the fact. On 29 October 1982 the Chamberlains were both found guilty and charged. However the media influence was so powerful that it was debatable whether a fair trial was possible, Because of the media and the faults of the adversarial system of trial the Chamberlains later on were found to be wrongfully convicted because of circumstantial evidence. This case highlights that the adversarial system of trial can be affected by many things such as the media which will have an impact on achieving justice as seen in the Chamberlains case.
Proponents of the adversarial system often argue that the system is fairer and less prone to abuse than the inquisitional...