The adversarial system is a jury trial, and the Inquisitorial system is a bench trial. Both systems focus on providing a verdict based on facts and circumstances provided by all parties involved in the trial. The main difference between the inquisitorial system and the adversarial system is that in one system, the judge decides the verdict, and in the other, in some cases a group of the defendant's peers decides the verdict. Furthermore, the adversarial system places the responsibility on both parties to make their case, determine what evidence is entered, and allowing very little involvement by the judge. On the other hand, the Inquisitorial system, the judge is the deciding factor in deciding the verdict, determines the evidence needed to make an informed decision, and the judge is fully involved in the case.

The adversarial system grants the most protection for those accused of a crime because, first and foremost, both advocates, the defense attorney, and the prosecutor, are attempting to make their case to a jury of 12 peers selected based on criteria unrelated to criminal justice or knowledge of the law. Therefore, the adversarial system allows both parties to focus on painting a picture to the jury, and the jury in turn make their decision based on their perception of what happened, proving innocence or guilt. The system allows both parties to present a narrative that is not necessarily judged based on the elements of the crime dictated by the letter of the law (statute) but more so what makes sense to the jury in some cases; this is because some, if not all jurors do not possess the background in legal procedures that would guide them to make a decision based solely on the facts of the crime as it relates to the statute of the crime committed.