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Describe one weakness of the adversary system of trial - VCE - SSCE Legal Studies - Question 9 - 2015 - Paper 1
Question 9
Describe one weakness of the adversary system of trial. In your answer, explain one reform that could overcome this weakness.
Worked Solution & Example Answer:Describe one weakness of the adversary system of trial - VCE - SSCE Legal Studies - Question 9 - 2015 - Paper 1
Step 1
One weakness of the adversary system of trial
Answer
One significant weakness of the adversary system of trial is the strict rules of evidence and procedure. Witnesses may be reluctant or unable to provide complete testimony due to the nature of questioning that can occur, as it is largely adversarial. This can lead to an incomplete picture of the facts, where vital evidence may not be presented due to constraints on witness examination.
Step 2
One reform to overcome this weakness
Answer
A potential reform to address this issue could be the implementation of a more inquisitorial approach during witness examinations. In this system, judges could play a more active role in questioning witnesses themselves, which can help ensure that all relevant information is brought to light. This modification would aim to create a more balanced and fair hearing, allowing the judge to direct the flow of information and address any biases or limitations imposed by standard adversarial practices.