An adversarial judicial system aims to present conflicting views to an impartial arbitrator who decides which side is right. The adversarial judicial system protects the rights of citizens: personal autonomy, the assistance of a lawyer, equal protection from the law, and the right to prove guilt (Guarnieri & Pederzoli, 2020). The court systems in the US and UK are quite similar: petty criminal offenses and petty civil disputes are dealt with by special magistrates’ courts tasked with resolving such disputes. For some disputes, the US does not have a judicial system present in the UK; however, there are niche courts for certain cases. Parties may also agree to binding arbitration or mediation for alternative dispute resolution in certain cases in the US.
The advantages of the American judicial system include consistency, the correct response to unforeseen cases, speed and efficiency, and political independence. The American judicial system’s disadvantage is that many biases can affect the judicial process (Kurlychek & Johnson, 2019). English courts can hear cases under any law; they are usually the preferred forum for resolving international disputes. Slow litigation and confusing cost issues are criticized in the UK justice system.
One of the main differences between the UK and the US court systems is that the US justice does not present a tribunal system as the UK does for certain types of disputes. The US judicial system with case law and each type of court is preferable since it allows the complete consideration of each case. However, doubts may arise about the existence of the death penalty in some states, which is contrary to the notion of humanity in the 21st century (Sarat, 2018). Even the simplest legal proceedings can take up to one year. The reasons for the slow pace of the litigation are many, including the period of filing a complaint, receiving a response, a written investigation, a long collection of evidence, and a busy court in a particular region. The advantage in the length of time between the pleading and the trial is the ability to collect all the possibilities and prepare thoroughly for the process.
Guarnieri, C., & Pederzoli, P. (2020). The judicial system: the administration and politics of justice. Edward Elgar Publishing.
Kurlychek, M. C., & Johnson, B. D. (2019). The cumulative disadvantage in the American criminal justice system. Annual Review of Criminology, 2, 291-319. Web.
Sarat, A. (2018). When the state kills: Capital punishment and the American condition. Princeton University Press.