5- Possible Reforms

Question 1

Name two possible reforms to the adversary system.

Answer 1

1. Increased role of the judge

2. Greater use of written evidence

Question 2

Why would the increased role of the judge be a good reform to the adversary system?

Answer 2

In the adversary system, judges cannot call witnesses, and can only ask questions to clarify a point.

By having a more active role, they could call witnesses and ask questions in the interests of fairness and discovering the truth.

Question 3

Evaluate an increased role of the judge.

Answer 3

+ allows the judge to utilise their expertise and qualifications
+ reduces the inequity of one party having better legal representation

• the increased involvement could mean decreased independence and impartiality

Question 4

Why would a greater use of written evidence be a good reform to the adversary system?

Answer 4

Currently, written evidence is only used in committal hearings. The primary type of evidence used in court is oral evidence.

It is suggested that written statements of evidence be used in trial (as occurs currently in the Inquisitorial system).
For example, medical and police reports rather than hearing this evidence orally from experts

Question 5

Evaluate a greater use of written evidence.

Answer 5

+ time would be saved as examination and cross-examination would not occur.
+ it also saves witnesses the inconvenience of testifying

• However written evidence would not allow for cross-examination, and it may be difficult to discern the sincerity or reliability of the written statements.