Comment on Why have an adversarial legal system?
xmunk@sh.itjust.works 1 day ago
Bear in mind that our system is quite old and some of the ways we process information have changed so that much more of what is on trial is a “fact” rather than hearsay. However, wouldn’t what you’re suggesting put the burden of information gathering on the judges themselves? This would make trials much more expensive in terms of judge time as well as removing your ability to self-advocate.
Right now when you enter a trial there is a burden on each party to collect and present their evidence - would you prefer a system where you were barred from this and the judge made a ruling based on whatever information they happened to glean independently - potentially missing something that you consider extremely important?