Some Civic Facts of Life
Several 'Inquiries' by the NBC have been held over the course of this year. It is important for residents to know the difference between an a hearing or an Inquiry and a judicial exercise.
If an inquiry is not judicial, it generally
means that it is not governed by the formal rules and procedures of a court of
law. This distinction has significant implications for the quality of evidence
presented:
- Less Rigorous Standards for Evidence: In a judicial inquiry, evidence must meet strict legal standards,
such as relevance, reliability, and admissibility. In a non-judicial
inquiry, these standards may be relaxed. Evidence that would not be
admissible in court, such as hearsay, opinion, or circumstantial evidence,
might be allowed in a Hearing or Inquiry.
- Broader Scope of Evidence:
Non-judicial inquiries may accept a wider range of evidence, including
anecdotal accounts, unverified documents, or expert opinions that have not
been subjected to cross-examination. This can allow for a more
comprehensive exploration of issues but may also result in less reliable
conclusions.
- Reduced Formality:
Non-judicial inquiries often lack the formal processes of
cross-examination, strict rules of evidence, and protections against
self-incrimination. While this can make the inquiry more flexible and
faster, it also means that the evidence might not be as thoroughly tested.
- Potential for Bias:
Without judicial oversight, there is a greater risk that the evidence
could be selectively presented or interpreted. The absence of a neutral
judge or the possibility of appeal can lead to conclusions based on
incomplete or unbalanced evidence.
- Public Perception and Influence:
Non-judicial inquiries, such as parliamentary or administrative
investigations, may be influenced by political, social, or organizational
pressures. The evidence presented might be tailored to suit the objectives
of the inquiry, rather than to meet the impartial standards of truth that
judicial inquiries strive for.
Overall, while non-judicial inquiries can be
valuable for fact-finding and addressing public concerns, the quality of the
evidence presented is generally lower due to the lack of formal legal scrutiny.
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