ABSTRACT

Many different forums exist to handle disputes, including those constituting crimes. For example, a crime can be handled through plea bargaining, through adjudication at a jury trial, through a mediation session, or by means of informal reprimands or warnings. Advocates of the adversarial system assert that the lack of competition in the inquisitorial system may produce a less thorough investigation of the case than that which occurs in the adversarial system. Research has tested this assertion. The United States Supreme Court has ruled that a six-member jury is constitutional for criminal cases because it meets the requirements of a fair and impartial jury that is representative of the community. Some vivid case examples where juries may have come to the wrong decision support criticisms aimed at the jury. The 1992 California state trial of four officers accused of using excessive force against Rodney King provides a vivid and shocking example of an acquittal that many Americans thought was an injustice.