ABSTRACT
The author must state at the outset that there are reasons why common law legal systems remain devoted to using adversarial procedures. Adversarial process is designed to accord procedural fairness for the parties, particularly a criminal accused. Perhaps the pertinent question is not whether adversarial or inquisitorial as such, but rather how greater checks and balances can be systemized during the forensic investigation stage of the criminal process. Nayha Acharya maintains a belief in the efficacy of adversarial justice to discover the truth in cases involving forensic science evidence. Even leaving the forensic science evidence aside, there was even lay witness testimony that suggested an alternative accused. Retrospective peer review occurs when other experts, after the trial, engage in a review of the forensic science evidence that was led during trial. However, Joelle Vauille argues that inquisitorial justice systems can be just as suspect in forensic science cases.
