STRENGTHS AND WEAKNESSES OF INQ SYSTEM Flashcards
Costs Strenghts
State systems bear the major cost of an inquisitorial trial, not the parties. The makes the system more expensive for the government but makes the system more accessible for citizens because there is less reliance on legal advice . Greater accessibility to justice upholds the rule of law
Defence Counsel - Weakness
Weaker protection of the rights of the accused.
There are less opportunities available for the accused to defend themselves - it is up to sitting judge to determine how much testimony they want to hear from the accused
This is because the hearing rule is weaker there are less opportunites to speak.
What is the hearing rule
Everyone has to have a chance to have their say (The Hearing Rule)
An affected person must then be provided with an opportunity to respond in a way that is appropriate in the circumstances before the decision is made.
