What rules are designed to make the two sides "work together" so that the trial is fair?

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Ashley Kannan | Middle School Teacher | (Level 3) Distinguished Educator

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There are some institutional safeguards to ensure that there is a sense of cooperation and fairness in any trial.  While there is a division between the prosecution and the defense, there are elements which ensure both sides work together in order to achieve a fair trial.  Rules about the disclosure of evidence, defense ability to question and examine evidence with their own experts, as well as the ability to put forth different defenses helps to make a trial fair.  The ability to plea bargain is another example where both sides can be represented in a fair manner.  Voir dire is another instance where both sides must agree towards a premise of fairness.  The ability to question and accept or reject potential jurors is essential to the process of deliberation.  At the same time, the ability to make motions to the court when it feels its interests are not being served helps to make another instance of when both sides must converge in order to find a sense of fairness in the trial process.  The criminal justice system is one where there is a sense of fairness embedded in it.

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