Inquistorial System Of Trial

Question 1

The role of the parties

Answer 1

They are not in complete control of the case, this is left to the judge. The judge gathers evidence and the court direct the parties in presenting arguments and witnesses.

Question 2

The role of the judge

Answer 2

The judge takes a more active role. They may be involved in pretrial procedures, such as, gathering evidence of determining which evidence will be led. At trial judges will question witnesses, apply law and further raise factual or legal matters, as well as decide the outcome. It is argued it is a better use of legal expertise however it is also argued it is preferable to have an independent or impartial adjudicator

Question 3

Burden and standard of proof

Answer 3

There is no formal burden of proof as the judge is responsible

Question 4

Rules of existed and procedure

Answer 4

Less reliance on strict rules of evidence and procedure. There are extensive pre-trial procedures and sometimes the innocence of the accused will be established then. The emphasis on finding the truth allows for new evidence to be brought to the judge at any time. Witnesses are free to express their stories in their own way, rather then responding to questioning. Some admissible evidence may be deemed valid.

Question 5

Role of legal representation

Answer 5

Due to the role of the judge there is less reliance of legal representation.

Question 6

Inquisitorial approaches used in Australian courts

Answer 6

The coroners court: aimed at deterring the cause of death or fire. The coroners court act 2008

The family court: shifting the control of the case from the parties to the judge in child custody cases

ADR methods: more inquisitorial than adversarial in nature. Mag court in the court annexed mediation program. Mediation and conciliation in VCAT