The adversarial criminal justice system is one where the law is applied equally to all segments of the society. It is a system that presumes that one is innocent that shifts the burden of proof to the prosecution to prove beyond any shadow of a doubt. The advantage lies on the side of the defendant if there is any doubt. The accused is granted the right to silence and cannot be forced to respond to accusation levelled against them.
This system poses some ethical problems because most of its procedural safeguards are always in favour of the accused. The favours that are granted to the accused include the right of appeal, the right to remain silent, the right to have an attorney, and the right to be free from unauthorized searches and arrests. The rights granted to the defendant are always a disadvantage to the prosecution which has to prove its case against the accused. This position is biased against the prosecution and makes its work even more difficult. The system encourages a scenario where both entities to a case contest with each other to win a case. This scenario makes it easier vulnerable to acts of deception and legal tactics that are questionable instead of using facts to settle cases. It is a potential ethical problem that can be solved by allowing both parties to present facts before any judgment is made to avoid injustices.
If a black man is found committing a similar offence like a white woman, he is five times more likely to be arrested. It is a tendency that has been brought about by racism in the American judicial system and racial inequality in policing. Moreover, the black man is more likely to be convicted than a white woman who has committed a similar crime. According to a report by the United States Sentencing Commission, a black man who is found the same crime as the white man have a potential of receiving nearly 20% longer prison term (Ingraham, 2017). These disparities are due to cases of racism and bias found within the American criminal justice system.