THE ADVERSARIAL SYSTEM: A QUALIFIED SEARCH FOR THE TRUTH

Abstract

This article considers the extent to which the search for truth must be qualified in criminal proceedings in order to preserve the integrity of our system of justice. The author argues that the fairness of criminal proceedings relies on the power and willingness of judges to invoke measures, such as excluding evidence or staying proceedings, where these are inconsistent with the search for truth in the individual hearing. When viewed in the context of the preservation of fundamental freedoms and the necessity of preserving public confidence in prosecutions, such judicial acts in appropriate cases are essential to the proper adminsitration of justice.