Flashcards in 5.1.4 Possible reforms of the adversary system Deck (8)
Extend the current power of the judges to take a more active role
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.
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.
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.
Decrease the formality of the trial
Reform 2 Explanation:
Formality can be intimidating. Decreasing formality would allow witnesses to tell their own story without the interruption of questions.
Reform 2 Strength:
Help parties give evidence in a more relaxed matter. Could increase chance of arriving to the truth. (Fair and unbiased hearing)