4- Inquisitorial System

Question 1

List 3 key features of the inquisitorial system.

Answer 1

1. Rules of evidence and procedure
2. The role of the judge
3. The role of the parties

Question 2

Explain the rules of evidence and procedure in the Inquisitorial system.

Answer 2

Written evidence, prior convictions and good/bad character evidence is permitted.

+ This could reduce delays.
- However this may compromise the sincerity and reliability of the witness statements, and take away the opportunity for cross-examinations.

Question 3

Explain the role of the judge in the Inquisitorial system.

Answer 3

The judge has a more active role, and can summon witnesses and ask them questions in the interest of determining the truth (in comparison to in the adversary system, where judges can only ask questions to clarify a point)

+ This utilises the judge’s qualifications and expertise…
- but may compromise their impartiality.

Question 4

Explain the role of the parties in the Inquisitorial system.

Answer 4

Parties have a much lesser role in this system, as do legal representatives. This is because the judge’s role has increased.

+ The cost is covered by the state, therefore is less expensive for parties.
- however the parties are at the mercy of the judge