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Some of the advantages are;

  • the decision maker has a more active role,
  • the witnesses are usually called by the decision maker,
  • there is less reliance on legal representation,
  • the decision maker controls the production of the evidence,
  • the cost of the system is mainly born by the state,
  • the use of mainly written statements reduces costs.

Some of the weaknesses are;

  • the judge is less impartial,
  • the parties may feel at the mercy of the investigating judge,
  • the parties are not able to call own experts,
  • there is greater reliance on written evidence
  • the judge is aware of character reports and past records.
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Q: What are the advantages and disadvantages of the inquisitorial system?
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