5.1.4 Possible reforms of the adversary system Flashcards Preview

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Flashcards in 5.1.4 Possible reforms of the adversary system Deck (8)
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1

Reform 1:

Extend the current power of the judges to take a more active role

2

Judge are ... and they should be able to:

Judges are most experienced person in the courtroom, and they should be able to call witnesses, ask questions and investigate prior to the trial.

3

Reform 1 Strength:

Improve the effectiveness of the legal system as it utilises the skills of the judge and increases the likelihood of arriving at the truth.

4

Reform 1 Weakness:

A judge who 'descends into the arena' loses the advantage of being an uninvolved observer, thus possibly compromising their role as an impartial umpire.

5

Reform 2:

Decrease the formality of the trial

6

Reform 2 Explanation:

Formality can be intimidating. Decreasing formality would allow witnesses to tell their own story without the interruption of questions.

7

Reform 2 Strength:

Help parties give evidence in a more relaxed matter. Could increase chance of arriving to the truth. (Fair and unbiased hearing)

8

Reform 2 Weakness:

May compromise timely resolution of disputes as procedure may take longer

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