Peter Murphy in his book, Practical Guide to Evidence recounts an instructive example. A frustrated judge in an English (adversarial) court finally asked a barrister after witnesses had produced conflicting accounts, 'Am I never to hear the truth?' 'No, my lord, merely the evidence', replied counsel. Which of the following system of dispensing justice is being referred to here?
Answer & explanation
Correct answer: option 3
Judges play less active role in adversarial system. A judge is not duty bound to ascertain the truth but only to evaluate the matter based on the evidences presented before him/her. Peter Murphy in his book, Practical Guide to Evidence recounts an instructive example. A frustrated judge in an English (adversarial) court finally asked a barrister after witnesses had produced conflicting accounts, 'Am I never to hear the truth?' 'No, my lord, merely the evidence', replied counsel.