DISCOVERY AND PRESENTATION OF EVIDENCE IN ADVERSARY AND NONADVERSARY PROCEEDINGS

• NCJ Number: 15811
• Journal: Michigan Law Review Volume: 71 Issue: 6 Dated: (MAY 1973) Pages: 1129-1144
• Author(s): E A LIND; J THIBAUT; L WALKER
• Date Published: 1973
• Length: 16 pages
• Corporate Author: Michigan Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXPLORES THE EFFECTIVENESS AND CHARACTERISTICS OF THE EVIDENCE GATHERING PROCESS IN ADVERSARY AS COMPARED TO NONADVERSARY PROCEEDINGS.

Abstract

SIMULATED CASE PREPARATIONS WERE STRUCTURED FOR 104 FIRST-YEAR LAW STUDENTS, WITH THE FIRST PHASE OF THE TASK CONSISTING OF AN INVESTIGATION AND THE SECOND PHASE COMPRISING THE TRANSMISSION OF FACTS TO THE TRIER. THE INVESTIGATION INVOLVED PURCHASING FACTS FROM THE EXPERIMENTER. FIVE OPPORTUNITIES WERE GIVEN TO PURCHASE AS MANY OR AS FEW FACTS AS THEY WISHED. DURING THE SECOND PHASE ATTORNEYS SELECTED THE FACTS THEY WISHED TO TRANSMIT TO THE TRIER OF THE CASE. PARTICIPANTS WERE ASSIGNED VARIOUS ROLES RELATED TO ADVERSARY AND NONADVERSARY TRIAL STRUCTURES. IT WAS CONCLUDED THAT THE ADVERSARY SYSTEM DOES NOT APPARENTLY PROMOTE A GENERALLY MORE VIGOROUS SEARCH FOR FACTS, BUT DOES INSTIGATE SIGNIFICANTLY MORE THOROUGH INVESTIGATION BY ADVOCATES INITIALLY CONFRONTED WITH PLAINLY UNFAVORABLE EVIDENCE. THE MODEL FURTHER REVEALED A SYSTEMATIC EVIDENTIARY BIAS IN FAVOR OF THE PARTY DISADVANTAGED BY THE DISCOVERED FACTS.