What characterizes the adversarial process in American criminal trials?

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The adversarial process in American criminal trials is characterized by a two-sided structure that pits the prosecution against the defense. This framework is designed to ensure that both sides have an equal opportunity to present their case, argue their points, and challenge the other side's evidence and arguments. The foundational belief behind this process is that through robust opposition, the truth will emerge more clearly, allowing for a fair trial. In this system, the jury or judge acts as neutral arbiters who evaluate the competing arguments and evidence presented by each side.

In contrast to this adversarial approach, some models emphasize collaboration or a focus on rehabilitation, which do not align with the traditional adversarial process inherent in American criminal law. The presence of a single judge deciding the outcome isn't a characteristic of the adversarial system, which typically involves both sides in a contest for justice rather than an assessment made solely by one individual.

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