Court Processes And Procedures1 Flashcards
Features of the adversary system of trial
Role of the judge Role of the parties Burden and standard of proof Strict rules of evidence and procedure Need for legal representation
Strengths of the judges role in the adversary system
Impartial, independent third party
Ensures a fair and unbiased trial
Weaknesses of the judges role in the adversary system
Most experienced person in the room but given a small role
Unable to assist which means unable to suggest questions on evidence or witnesses
Cant participate in the trial
Strengths of the role of the parties in the adversary system
In control of their own case
Self-interest
More likely to be satisfied
Present strongest evidence
Weakness of the role of the parties in the adversary system
May not present evidence that is detrimental to their case
Strengths of the burden and standard of proof in the adversary system
Prosecution has burden of proof
Makes it fairer as defendant doesn’t have to prove their case just instill doubt
Ensures verdict is reached with absolute certainty
Weaknesses of the burden and standard of proof in the adversary system
Emphasis on just proving the facts and winning not finding the truth
Strengths of the rules of evidence and procedure in the adversary system
Allow for a fair and unbiased trial as parties must consistently abide by the same rules and processes
Weaknesses of the rules of evidence and procedure in the adversary system
Oral evidence may be incomplete due to intimidation while on the witness stand
Communication difficulties
Confusing facts or forgetfulness (trials occur months/years after event)
Witnesses answer questions instead of telling their story
Strengths of the need for legal representation in the adversary system
Equal representation ensures fairness as each party represents their side through an expert
Objective and reasoned arguments with knowledge of the court processes
Weaknesses of the need for legal representation in the adversary system
One party may not be able to afford representation but don’t suffer from financial difficulty severe enough to get legal aid
This lessens the fairness of the trial as the underrepresented party is unlikely to have their case prepared and presented in the most effective way
Major features of the inquisitorial system
Role of the judge Role of the parties Rules of evidence and procedure Need for legal representation Burden of proof
Possible reforms to the adversary system
Increase the availability of legal aid
Allow judges to have more involvement in the trial process
Simplify rules of evidence and procedure
Increase assistance for self-represented litigants
Purposes of criminal sanctions
Punishment Denunciation Deterrence Rehabilitation Protect the community
Three types of sanctions
Imprisonment
Community based order
Court secure treatment orders
