Cardozo Journal of International and Comparative Law
Abstract
The article critiques the American adversarial criminal trial system, arguing that its focus on procedure and individual rights often hinders the pursuit of truth. While the system is deeply rooted in American cultural values, such as distrust of government and a commitment to individual liberties, its emphasis on adversarial contest rather than truth-seeking leads to inefficiencies and public dissatisfaction. The author highlights the tension between the system's theoretical commitment to justice and its practical limitations, particularly as illustrated by high-profile cases like the O.J. Simpson trial.
Disciplines
Comparative and Foreign Law | Criminal Law | Criminal Procedure | Jurisprudence | Law
Recommended Citation
Frank J. Macchiarola,
Finding the Truth in an American Criminal Trial: Some Observations,
5
Cardozo J. Int'l & Comp. L.
97
(1997).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol5/iss1/9
Included in
Comparative and Foreign Law Commons, Criminal Law Commons, Criminal Procedure Commons, Jurisprudence Commons