Adversary system

Question 1

(intro) What is the adversary system

Answer 1

The adversarial system, a common structure within Commonwealth nations, resolves disputes through legal processes in court.

Question 2

(intro) the adversaruy sytem is winner atkes all, whats an alterntive

Answer 2

Each system has its advantages and limitations in ensuring justice.

Question 2

(intro) Define the key features of each paragraph

Answer 2

1. Party control refers to the principle that the involved parties have jurisdiction over the presentation of their arguments and evidence.
2. The impartial adjudicator, typically the judge, ensures unbiased court proceedings and makes impartial decisions about sentencing.

Question 2

(J) why are judges reuired

Answer 2

This control is essential for exploring the depth of the truth while ensuring that the onus and burden of proof are properly discharged, as guided by the Criminal Code 1924 (TAS).

Question 2

(intro) WHat aree its key feature

Answer 2

In the adversarial dispute resolution system, the features of party control and the impartial adjudicator play a crucial role, especially in the criminal system where the outcome often reflects a ‘winner takes all’ approach.

Question 3

(intro) whats the difference between ccivil and criminal

Answer 3

In criminal cases, it involves the prosecution and defendant presenting their cases, a judge overseeing the process and sentencing, and, for indictable offences, a jury determining whether guilt is proven beyond reasonable doubt.

Question 4

(J) wats is an impartial adjudicater

Answer 4

judge or magistrate, is fundamental to the adversary system, serving as a neutral arbiter and interpreter of the law.

Question 5

(J) What is the act for rules of evidence and porcesdure

Answer 5

Tasmanian 2001 statute

Question 5

(J) What are judges so good for

Answer 5

1. oversee the fair conduct of trials and impose appropriate sentences upon conviction.
   a. By ensuring adherence to legal processes, they maintain access to the legal system and uphold the right to a fair trial.
2. Observing these trials guarantees transparency,
   b. key in preserving public trust in the justice system and diminishing some of the adversarial dynamic of parties.

Question 5

(intro) what are the meausres of effectivness

Answer 5

1. ability to provide a timely resolution,
2. access to legal representation,
3. acess to a fair trial.

Question 6

(J) waht is the role of the jduge

Answer 6

Judges provide legal guidance, ensuring that trials adhere to established legal standards and that evidence presented is admissible, maintaining control over the rules of evidence procedure as dictated by the .

Question 6

(Jury) Waht does the judry do

Answer 6

serves as a vital fact-finding body, often regarded as the “backbone” of this process

Question 7

(J) what are case to illustarte this point

Answer 7

Patrick Waring, 2006, where a 15 year old boy was wronguflly accused of rape and held for a year befire effective judicial management was crucial to ensure a right to a fair trail.

Question 8

(J) What are the key stengths

Answer 8

1. maintenance of structured and orderly proceedings, which support the fair trial principle by ensuring legal processes are followed correctly.
2. expedite proceedings through effective pre-trial management, helping to avoid unnecessary delays and ensuring timely resolutions.

Question 9

(J) what are liitaions of the adversarial iompartial adjusdiactor

Answer 9

1. passive nature; judges rely on the parties to present the facts and arguments, which can sometimes result in the omission of relevant information.
   a. This passivity may hinder
   the full exploration of all
   facts, impacting the pursuit
   of truth and justice.

As a result, the adversary system’s focus on procedural fairness and party control may limit its capacity to uncover the complete truth, highlighting a key limitation in achieving justice.

Question 10

(Jury) What is teh univserla opion of judries

Answer 10

are still seen as valuable for their ability to offer a collective and balanced assessment of the facts, mitigating individual biases.

Question 10

(Jury) why do we have juries

Answer 10

jury remains a cornerstone of the adversary system, representing an essential buffer between the individual and the state’s power, while alternatives like judge-only trials or inquisitorial models pose different challenges and may not offer the same level of public trust in the process.

Question 10

(Jury) What legilsation guides them

Answer 10

revised in 2009 to expand eligibility, juries play a crucial role in ensuring individuals are judged by their peers.

Question 10

(Jury) Waht is their role in criinal vs cicil cases

Answer 10

criminal –>, juries decide on the guilt or innocence of the accused for indictable offences,

civil –> they determine liability if both parties choose to pay for a jury trial.

Question 11

(PC) Why is party control a key feature

Answer 11

grants both the prosecution and the defence the;
1. authority to manage the presentation,
2. investigation
3. development of their case.

Question 12

(Jury) What do they refkect

Answer 12

1. societal values, enhances the fairness and legitimacy of the trial process,
2. a buffer between the state and individuals.

Question 12

(PC) what does the partis role inovole

Answer 12

gathering evidence, formulating arguments, and making strategic decisions throughout the trial.

Question 13

(Jury) What is aconetious part of tasmania code specficlly

Answer 13

juries can deliver a majority rather than a unanimous verdict, which some argue weakens the standard of proof beyond reasonable doubt.

Question 14

(Jury) problems with the juries act

Answer 14

meant to represent the community, exemptions and ineligibility criteria can challenge this idea.
Despite the revised Act making it more difficult to obtain exemptions, under Section 9, individuals can still be excused for reasons such as financial hardship.
-
This raises questions about whether the process is truly representative.

Question 15

(Jury) What are limition of the jury

Answer 15

1. lack of legal expertise can sometimes limit their ability to understand complex legal issues,
   a. Farah Jama case, where the jury’s inability to scrutinise technical forensic evidence led to an initial guilty verdict, later overturned by newly revealed evidence.
2. External factors like media coverage or emotional appeals can also influence jurors,
   b. Farquharson case (2007), where expert testimony on the possibility of coughing fits causing blackouts swayed the jury’s decision.
3. The passive role of jurors, their susceptibility to external influence, and the use of majority verdicts in place of unanimous decisions reveal weaknesses in how effectively this system uncovers the truth.

Question 16

(PC) why is party control impotrnat in the adversary system specficlly

Answer 16

The structure of the adversarial process, governed by strict rules of evidence and procedure, ensures that both parties have the opportunity to thoroughly present their case, supporting the right to a fair
trial.
-
The adversarial nature of this system aims to reveal a greater depth of truth by subjecting evidence and arguments to rigorous testing and cross-examination by both sides.

Question 16

(PC) what are the implication of these limitatiosn

Answer 16

inequality can affect access to justice, undermining the fairness of the trial. Furthermore, the system’s focus on winning can at times overshadow the pursuit of truth, with legal strategies taking precedence over factual accuracy.

Question 17

(PC) what are the limitations

Answer 17

Dietrich’s lack of legal representation, in this case, meant that the original trial was unfair.

Question 17

(PC) when does winner take all become porblemtic

Answer 17

Such strategic decisions made by legal representation may conflict with the wishes of the victims, leading to dissatisfaction and a sense of injustice.

Question 17

(PC) what is the takeaway

Answer 17

while party control facilitates thorough case preparation and ensures procedural fairness, the adversary system’s reliance on resources and its competitive nature can sometimes compromise the goal of uncovering the truth. The strict rules of evidence and procedure, designed to protect fairness, can sometimes limit the facts that are presented, further complicating the balance between justice and the pursuit of truth.