Peculiarities of the American adversarial criminal justice system and the special role of the lawyer

Although the modern adversarial system of criminal justice is referred to as the Anglo-American system, there are significant differences between the English and American models. The American model is sometimes referred to as the most extreme or radical version of adversarialism because it provides for the most radical form of courtroom battle between the prosecution and defense before a neutral third party, grants the right to a jury trial in all cases, and enshrines strict procedural rules of trial and evidence. The article analyzes the historical reasons for the divergence in the ways of development of English and American adversarial models and their characteristic features. The author also pays attention to the leading role of the lawyer in the American criminal process, traces the historical roots of this phenomenon. As a result of the study, the author concludes that the historical circumstances of the formation of American statehood in opposition to British colonialism played a significant role in the formation of the American model of the adversarial system. This system is unique to the United States and is deeply rooted in its culture and traditions. This can also explain the unique position of lawyers, and criminal defense lawyers in particular, in the United States. Only in the U.S. is the legal profession and highly influential, including at the political level.