Weaknesses Of Inquisitorial System Flashcards
The judge is less impartial than in the Adversary System
Judge is involved with all aspects of the dispute and can be influenced by outside issues
There is greater reliance on written evidence
Denies the parties the same opportunity test the evidence that is possible in Adversary System
What may the legal representatives be less effective in?
Influencing the outcome
Parties are not able to call their own expert witness
Expert witness called on behalf of the judge may get it wrong
There is too much power in the hands of one individual (judge)
The roles in the Inquisitorial System should be separated to ensure a fairer outcome
The parties may feel at the mercy of the investigating judge
Parties feel they do not control the case and thus ‘ own ‘ the outcome
The investigating judge is aware of all reports if the character, personality and last record of the accused
Outdated or inaccurate biases could be formed
