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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
Describe one weakness of the adversary system of trial.
Answer
One prominent weakness of the adversary system of trial is the strict rules of evidence and procedure. These rules can lead to situations where relevant evidence is excluded, making it difficult for the judge and jury to make fully informed decisions. For instance, if a witness's testimony is deemed inadmissible due to procedural restrictions, the court may not receive crucial information that could influence the outcome of the trial.
Step 2
Explain one reform that could overcome this weakness.
Answer
A potential reform to address this issue could involve implementing a more lenient approach to the admissibility of evidence. This could entail allowing the judge greater discretion to admit relevant evidence even if it slightly deviates from strict procedural rules. Such a reform would ensure that the decision-making process is informed by a broader range of evidence, thereby enhancing the fairness and completeness of legal proceedings.