Reforms of the Adversarial

System

Reforms of the Adversarial

System

Aims of Adversarial SystemAims of Adversarial System

Provide effective, just and affordable method of dispute resolution.

Provide effective, just and affordable method of dispute resolution.

Key points of Adversarial SystemKey points of Adversarial System

Presumption of innocence, which is the ‘golden thread’ of the system

Search for truth will be best achieved by a contest between two parties with an incentive.

Determination of dispute to be determined by a impartial third party.

Presumption of innocence, which is the ‘golden thread’ of the system

Search for truth will be best achieved by a contest between two parties with an incentive.

Determination of dispute to be determined by a impartial third party.

Problems of the adversarial systemProblems of the adversarial system

Inefficient time money

Complex Unjust Manipulation of the rules for victory

instead of a ‘search for the truth’

Inefficient time money

Complex Unjust Manipulation of the rules for victory

instead of a ‘search for the truth’

Aims of Reform?Aims of Reform?

In March, 2000 Law Reform Commission completed an examination of criminal and civil justice system.

It’s job was to make recommendations to ensure a faster, more assessable, simplified, and less expensive justice system.

In March, 2000 Law Reform Commission completed an examination of criminal and civil justice system.

It’s job was to make recommendations to ensure a faster, more assessable, simplified, and less expensive justice system.

Reforms Pre-trialReforms Pre-trial

Civil Cases1. Combine some forms/ steps i.e.. Statement of

claim and Writ of summons

2. More power to Judges.

3. Make ADR compulsory for all civil cases.( Approx 95% of all cases set down for litigation by a court do not proceed after ADR)

Civil Cases1. Combine some forms/ steps i.e.. Statement of

claim and Writ of summons

2. More power to Judges.

3. Make ADR compulsory for all civil cases.( Approx 95% of all cases set down for litigation by a court do not proceed after ADR)

Reforms Pre-trialReforms Pre-trial

Criminal Cases-1. More power/resources to

police/prosectors i.e. collection of evidence.

2. Right to silence modified/removed during investigation.

3. Bail conditions for repeat offenders.4. Remove Committal hearings

Criminal Cases-1. More power/resources to

police/prosectors i.e. collection of evidence.

2. Right to silence modified/removed during investigation.

3. Bail conditions for repeat offenders.4. Remove Committal hearings

ReformsTrialReformsTrial

Juries- One’s peers?

1. Make more people do jury duty by lessening the exemptions and making duty more appealing.

2. Jury foreman

3. Majority decisions-10 of 12

Juries- One’s peers?

1. Make more people do jury duty by lessening the exemptions and making duty more appealing.

2. Jury foreman

3. Majority decisions-10 of 12

ReformTrialsReformTrials

Rules of evidence. Should they be loosened? Making relevance the only criteria. Benefits/Problems?

Rules of evidence. Should they be loosened? Making relevance the only criteria. Benefits/Problems?

Trial ReformsTrial Reforms

Use of inquisitorial system- police and magistrate work together, suspects must answer questions, magistrate more involved, determines if a trial should proceed, higher suspicion of guilt required.

Defendants who plead ‘NOT GUILTY’ must outline basis for defence.

Use of inquisitorial system- police and magistrate work together, suspects must answer questions, magistrate more involved, determines if a trial should proceed, higher suspicion of guilt required.

Defendants who plead ‘NOT GUILTY’ must outline basis for defence.

Post-TrialPost-Trial

Greater sentencing options to keep first offenders and minor criminals away from hardened criminals. To avoid the ‘University of Crime”

ie. Home detention, suspended sentences

Remove legislative restrictions i.e. mandatory sentencing

Greater sentencing options to keep first offenders and minor criminals away from hardened criminals. To avoid the ‘University of Crime”

ie. Home detention, suspended sentences

Remove legislative restrictions i.e. mandatory sentencing

Post-TrialPost-Trial

Ensure jails are places of rehabilitation/ reform by providing legitimate opportunities for income and counseling for ‘issues’.

Ensure jails are places of rehabilitation/ reform by providing legitimate opportunities for income and counseling for ‘issues’.

Post-Trial CivilPost-Trial Civil

Very hard for winner’s of civil cases to get proceedings from defeated party if they are poor or uncooperative. Still an area of concern for the legal system

Trying to codify procedures for recovery of damages and costs but can be very slow/small(i.e. $5 a month)

Very hard for winner’s of civil cases to get proceedings from defeated party if they are poor or uncooperative. Still an area of concern for the legal system

Trying to codify procedures for recovery of damages and costs but can be very slow/small(i.e. $5 a month)

ReformsReforms

Most reforms are contentious as they can be controversial.

All of your suggested reforms must be evaluated to look at advantages and disadvantages.

Most reforms are contentious as they can be controversial.

All of your suggested reforms must be evaluated to look at advantages and disadvantages.