1. The Inquisitorial System
An Alternative
The Inquisitorial System

2. Inquisitorial System
A system of trial where the court is ________________ ______________ in determining the facts and conduct of a trial
Used in many European, Asian and South American countries

3. Role of the Parties
Compared to the adversary system the role of the parties is _________________________
They respond to the ________________________

4. The elements
The reduced role of the parties can reduce the need for expensive legal representation so can reduce costs and therefore ___________________________________________________________________________
However it takes the ________________________ and places it in the __________________________________

5. Role of the Judge Judge takes a ____________________ in the case
Involved in ____________________the case, defining issues and gathering evidence (with the police)
Role is to _______________________
At trial judges ___________________________________
witnesses
Justification – effective operation of the legal system is to benefit society as a whole – therefore it is ______________ ________________________ to ensure all relevant information is brought out at trial

6. The elements
As the judge runs the case it should be a more _______ _____________________ as the quality of the legal representation is less important
The aim is also to find the truth which can attempt to ensure a ____________________

7. Role of Legal Representation
Because of the judge’s increased role the parties legal representation has a ___________________
They ___________________ with finding the truth

8. The elements
Again the reduced reliance on legal representation can make the trial cheaper and therefore ensure _________ ________________

9. Trial evidence and procedure
_________________ on rule of evidence and procedure
Many of the ____________________________________ such as the exclusion of evidence obtained illegally and hearsay
Witnesses are able to tell their stories ______________
Extensive use of written evidence

10. The elements
Reduced use of rules of evidence can reduce _________ ___________________________________
Increased use of written evidence makes the trial quicker which means a more ______________________
But reduced rules of procedure can make the case take longer and therefore we do not have __________________________________________

11. Advantages
_____________________________________– so all evidence comes out, not just what the parties want to reveal
________________________________________ – therefore they are likely to be less biased (especially expert witnesses)
_________________________________ so not affording a top lawyer is less detrimental to the case
More written evidence means a ________________

12. Disadvantages
___________________________ as they are involved with all aspects of the dispute and could be influenced by outside issues
Parties feel __________________________ rather than feeling in control of their own cases
Parties are _____________ to call their own expert witnesses - so if the judge’s expert gets it wrong????
Judge is aware of past offences which could mean _____________ ____________ before the trial even begins
Reliance on written evidence give the parties _________________ _______________________ (like cross-examination)

13. Inquisitorial System in Australia
Coronial inquests are conducted using an inquisitorial approach
Coroner takes an active role in finding the truth
Investigates the circumstances
Questions witnesses makes decision
Family matters involving children use more inquisitorial approach
Judge decides how the trial is run
Judge control hearing process
Focus on gathering best information possible
Parties can tell their story uninterrupted