STRENGTHS AND WEAKNESSES

strengths of inquisitorial trial system

-Bringing forth evidence
-Low cost for parties
-Less biased witnesses
-More likely to convict a guilty offender

Weaknesses of inquisitorial system

-Less impartial judge
-Lack of party control
-Over reliance on judge competency
-Lower quality evidence

Strengths of adversarial trial

-Party control(parties have control over court case)
-High quality evidence

-Impartial adjudicator

Weaknesses of adversarial trial

-restricted/strict rules on evidence

-long delays and high costs

-More likely to convict an innocent

Judicial independence

Ability for an adjudicator to act freely without fear from influence

Upheld through
-Separation of powers
-Judicial Tenure
.Judge is able to make decisions without the fear of losing their job

What is the name of the inquisitorial trial case example

Corruption Scandal Involving Judges in South Jakarta (2025)

What happened in that case

Context:
In early 2025, four judges from South Jakarta District Court were arrested for allegedly accepting massive bribes—reportedly around IDR 60 billion—from a palm oil company in exchange for acquitting the company in a corruption case

Strengths of the case

Strength –

Brings Forth Evidence

Low Cost

• Public prosecution and evidence collection are state-led, reducing reliance on expensive private investigations.

Weaknesses of the case

Weakness

Over-reliance on Judges

Lower Quality Evidence

• When judges are compromised, the system fails. Bribery undermines judicial integrity and public trust

What is the case name for Adversarial Trial

Claremont serial killings

Context of the adversarial case

Bradley Robert Edwards, a former Telstra technician, was charged with the murders of three young women

Strengths of the case

Strength – Party Control

• Both prosecution and defence had full control over how they presented their case — selecting witnesses, deciding the order of evidence, and shaping arguments to best suit their strategy.

• This allowed each side to tailor their case and focus on what they believed was most persuasive.

Strength – Impartial Adjudication

• The trial was heard by Justice Stephen Hall (no jury) to avoid prejudicial pre-trial publicity influencing laypeople.

• Hall applied the law impartially, delivering a reasoned written judgment based solely on admissible evidence.

Weaknesses of adversarial trail case

Weakness – Strict Evidence Rules

• Some evidence from the 1990s investigation (e.g., earlier witness statements, possible other suspect leads) was excluded as inadmissible, even though it might have added broader context — showing how strict rules can limit the full picture.

Weakness – Biased Witnesses & Unequal Resources

• Witnesses’ memories had faded over 20+ years, risking unintentional bias or inaccuracy.

• The State had extensive police and forensic resources, while the defence relied on a smaller team — highlighting potential inequalities in case preparation.

What is the reform name?

Criminal law mental impairment act (CLMI) 2023

What issues were to be fixed?

Fair Treatment: Ensured people with impairments are treated fairly in criminal proceedings

Establishment of dedicated CLMI court
.Dedicated court which handled the new proceedings and procedures under the new act

Why was it introduced?

.Provide a framework for handling criminal cases involving mentally impaired individuals, ensuring fair treatment

Strengths of reform

1. Human rights approach

   • Has principles with least restrictive responses

   • early identification

   • access to treatment

   • Protecting individual dignity whilst preserving public safety

Weaknesses of reform

Limited resources and facilities
- With limited mental health facilities, delays are inevitable