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‘Every person in Victoria can be confident that, if he or she should face trial in Victoria, the trial will be conducted with impartiality, fairness and independence.’ Referring to the above statement, explain two features of the adversary system of trial. - VCE - SSCE Legal Studies - Question 7 - 2012 - Paper 1
Question 7
‘Every person in Victoria can be confident that, if he or she should face trial in Victoria, the trial will be conducted with impartiality, fairness and independence... show full transcript
Worked Solution & Example Answer:‘Every person in Victoria can be confident that, if he or she should face trial in Victoria, the trial will be conducted with impartiality, fairness and independence.’ Referring to the above statement, explain two features of the adversary system of trial. - VCE - SSCE Legal Studies - Question 7 - 2012 - Paper 1
Step 1
Feature 1: The Role of the Parties
Answer
In the adversary system, each party is responsible for presenting their case to the court. This means that the prosecution and the defense operate independently, striving to present their arguments effectively. The party bearing the burden of proof has the duty to establish their case beyond a reasonable doubt. This structure encourages each side to be thorough, ensuring that all evidence is presented and tested, thereby upholding the principles of fairness and impartiality.
Step 2
Feature 2: The Role of the Judge
Answer
The judge acts as an impartial referee in the adversarial trial, ensuring that the trial process adheres to established legal rules and procedures. The judge does not investigate the case but rather assesses the arguments and evidence presented by both parties. This role is vital for maintaining independence, as the judge's objective is to ensure that justice is served without bias or influence from either party.