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 inquisitorial legal systems common in continental Europe, judges actively investigate cases. This direct involvement, while effective for evidence collection, risks undermining judicial impartiality. The defense's concern is justified as a judge's active participation may introduce bias, compromising their ability to serve as a neutral arbiter and thus affecting trial fairness. Option (A) represents a potential benefit, not a drawback. Option (B) addresses fairness but is irrelevant to the specific concern raised. Option (C) accurately captures the concern regarding judicial neutrality. Option (D) pertains to trial processes but does not directly address fairness.