this post was submitted on 20 Feb 2025
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No Stupid Questions

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Conceivably, you could run trials by having a judge (or panel of judges) bring forth the evidence they thought was important. Instead, many countries have a system where one party prevents "one side" of a case and another party presents the "other side". How did this come about?

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[–] xmunk 9 points 2 days 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?