CSSA Trial Crime Question (1 Viewer)

[*n.a.t.a.l.i.e*]

I was wondering if anyone would be able to help me with the CSSA Trial Crime Section, part (d). Could someone please give me some ideas as I received 6/10 for this question and I would like to know what I could/should have written. The question is:

(d) Evaluate the effectiveness of the adversary system in achieving justice in criminal trials. (10)


Thankyou in advance.

 

[Meldrum]

It's essentially evaluating the effectiveness of the adversary system of trial verses the inquisitional trial in terms of ARSE REEPA - rights of community verses the rights of individual.

You'd talk about how its often difficult to access as the time it takes to pursue an adversarial case vs inquis and suchsuchsuchsuchsuch running through the criteria.

You'd also have to contrast common law countries verses civil law ones in terms of trials and justice. Blahblah.

That's just a start. It is worth 10 marks.

 

[*n.a.t.a.l.i.e*]

Sorry to be a pain but what is ARSE REEPA? Could you also detail the process of a criminal trial in the adversarial system? What would be the main features of the adversary system? This is what I already think:

* each party is allowed to present their side of the case
* the judge/jury does not carry out the investigation as in an inquisitorial system....

What else?

 

[Jago]

i think about 4 BoS pages would be needed at least to adequately get the full 10

 

[goan_crazy]

I got 9/10
talk about what adversary system is
for and againts-problems with it
compare with inquisitorial
bring in other stuff - rule of law, natural justice :uhhuh:-teacher was lyk wow!
Talk about other relevant stuff
cases, legislation E.g. daniella dawes for discretion
Crimes Act 1900 NSW

not a bad question
but it sure did stump alot of ppl