Question

In a criminal trial in a country in continental Europe, the judge, Judge Helena plays an active role in investigating the case. She questions the witnesses, evaluates the evidences presented by the parties and orders additional forensic tests. The defense lawyer, Mr. Jameson, expresses concern that the judge’s active involvement in the investigation may undermine the fairness of the trial.
In the given content, identify the probable disadvantage of the justice dispensation system that is concerning for the defense lawyer.

• A. The active role of judge would prevent delays and prolonged trials.
• B. Stronger party in the case, with more resources and expert lawyers may not be able to influence the judges.
• C. The judge can no longer remain neutral to evaluate the case with an open mind.
• D. Less reliance is placed on cross examination and other techniques used by lawyers.

Hint:

Inquisitorial systems involve judges actively investigating, which may affect their neutrality and impartiality during trials.

Answer 1

The Correct Option is C

In some continental European legal systems (inquisitorial system), judges actively participate in the investigation of cases. This involvement, while efficient in gathering evidence, can compromise the judge’s impartiality. The defense lawyer's concern is valid because the judge’s active role may bias them and prevent them from being neutral evaluators of the case, affecting the fairness of the trial.
Option (A) is a potential advantage, not a disadvantage.
Option (B) highlights fairness but is unrelated to the concern here.
Option (C) correctly identifies the concern about neutrality.
Option (D) relates to trial procedures but does not address fairness.