4 ms·
Summary: Switch from the current adversarial method (you are expected to find any and all arguments in your favor), to an inquisitorial system (where the judge
by ars 6y ago
Summary: Switch from the current adversarial method (you are expected to find any and all arguments in your favor), to an inquisitorial system (where the judge attempts to find out the details of the case by asking questions and bringing up things you may not have thought of).
The inquisitorial system is already used in small claims court.
The only drawbacks mentioned in the article is a greater potential for Judicial misconduct.
It seems like a pretty obvious thing to do (perhaps make it optional). Are there drawbacks I've missed?
- bryan_w 6y agoWhy not both? This system seems open to having cases won/lost because the judge didn't ask the right question to expose a fact.