Sentences with phrase «more inquisitorial»

The drive to cut costs is threatening to undermine our adversarial system and give judges a more inquisitorial role (see my article «Justice in the balance»).

«Many hearings are having to become far more inquisitorial in nature as opposed to the traditional adversarial process,» he says.

Lord Thomas acknowledged that moves towards a more inquisitorial form of process have been discussed previously and that some see it as «a form of process alien to our adversarial tradition», which «can not properly be accommodated within it».

He noted that there has been «a significant increase in the number of litigants in person» due in part to the retrenchment in state expenditure and the relatively high cost of legal fees, and suggested «introducing a more inquisitorial form of process in civil proceedings where both or at least one party is unrepresented.»

The more inquisitorial character of the proceedings emerges from the regulations governing criminal expert opinions: in most countries, the criminal court may appoint a judicial expert of its own motion and is not bound by the requests of the parties (England again being an exception on the last point where all the parties are agreed).

This led the Lord Chief Justice, in a recent speech, to say that careful consideration should be given to the possibility of a move to a more inquisitorial procedure.

They tend to be more inquisitorial.

Not exact matches

Wilson, who describes More as authoritarian and his treatment of suspected heretics as inquisitorial asks whether Luther himself might be considered «God's instrument for punishing the sins into which the Church had fallen.»

Brought before a grim, inquisitorial... more

The modern realities of the trial penalty (where defendants get 10 + more years for a crime because they go to trial), and the fact that 95 % of all convictions are from pleas, shows in another way how our justice system has become a (prosecutor - controlled) inquisitorial system of criminal justice.

While I suspect there will always be a need for authoritarian and perhaps adversarial court processes to address truly intractable individuals and problems of genuine urgency, I worry that a reconceptualization of the system may call for more than triage processes and the co-locatation of social services, both of which are reconfigurations of existing services, but may demand a fundamental reconsideration of our basic assumptions and a critically examination of alternatives such as inquisitorial processes, abridged trial procedures, non-adversarial judging techniques, the embedding of mental health professionals in decision - making processes and so forth.