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The catholic church in the middle ages
The history of jury
The catholic church in the middle ages
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In medieval Europe, determination of guilt and innocence experienced numerous change and continuity throughout laws and trials. Before King Henry II’s reign, the local lord generally decided law cases, however this was later changed by King Henry II (Johndclare.net, 2018). King Henry II was responsible for introducing the court system as well as introducing the use of juries as opposed to trial by ordeal (Johndclare.net, 2018). By 1215, trial by ordeal was abolished and replaced by trials with juries as the church found this a fairer and more rational way to determine someone’s guilt or innocence. (History Learning Site, 2018). Despite these changes, trial by jury continued throughout the medieval era, enduring the use of punishments to people
Ever since human civilization came into existence, people have been putting rules in place to determine who is behaving according to social norms and moral values and who is not. Because the majority of Western societies have historically been democratic, it makes sense that the public have a say in the enforcement of said rules. It is for this reason that the trial became a popular means of deciding upon punishment for those perceived to have broken the law, while also allowing them an opportunity to testify against their charges. Socrates underwent this process in 399 BC on charges of impiety and corruption of the youth of Athens , as did Louis Riel in 1885 on charges of treason for leading a Métis rebellion . Although they lived during vastly
The word felon comes from the Saxon, or Old-English, language. The word is a compound of the words fell as in wrong-doing and one. So, when the world felon is broken apart, it can be translated to mean the evil or wicked one (Chapter XVII: Of Sundry Kinds of Punishment Appointed For Offenders). Felons are a common problem now and always have been. However, the way said criminals were treated was very different at the time of the Elizabethan Era, from 1558-1603. As Linda Alchin stated, Elizabethan England and Elizabethan Crime and Punishment- not a happy subject. Violent times,” (Alchin). During the Elizabethan Era, criminals were severely and brutally punished for even minor crimes such as theft and even as little as begging. During the time of Queen Elizabeth I rule, crimes and punishments were taken to a whole new level.
Almost every society in the history of the world has had some form of a judicial court system, but there are obviously major differences in the various court systems. One of the most outlandish court systems has to belong to Salem, Massachusetts in the 1690’s. The court system of Salem, Massachusetts is so memorable because of the events of the Salem Witch Trials. When you compare the Salem courts from the 1690s to present-day America, it will become quite evident all the freedoms that you get today. The Salem courts from the late seventeenth century and the present-day American courts differ in the freedoms and privileges a person was given, public opinion, and religious bias.
They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.
In February, 1587, Queen Elizabeth had ordered her cousin, Mary, Queen of Scotts, to her execution to eliminate all possibilities of any threats to her throne. This event would reflect the relentless violence and unforgiving punishments of the judicial system in Elizabethan Era. Criminals during Queen Elizabeth’s reign in England, known as the Elizabethan Era, were subject to harsh, violent punishments for their crimes. England was separated into two social classes, which were the nobility, and the commoners. Within each class, the punishments were defined by the class and type of crime that had been committed. Under the Tudor rule, the punishments dating back to the middle ages were revived. Such gruesome punishments were carried out to strike fear into the hearts of the English citizens and lower crime rate. There were a wide range of crimes that a person could be prosecuted for, and even included the act of witchcraft and alchemy. Of course, today the American court system would find prosecutions of witchcraft and alchemy ridiculous. However, in the Elizabethan Era, people accused of even the most petty of crimes would be immediately placed in prison to await their sentences, often resulting in death. Public executions were a common practice, and were often a form of entertainment for a crowd of spectators. Often considered as the “Golden Age” in English history, England’s court systems became an essential part of society because cruel punishments were severe enough to strike fear into English citizens as well as demonstrating the influence and power of Queen Elizabeth’s rule.
The modern US version of a jury derived from ancient English law. It is said in the early 11th century, William the Conqueror brought a form of a jury system from Normandy that became the basis for early England’s juries. It was constructed of men who were sworn by oath to tell the king what they knew. King Henry II then expanded on the idea by using a group of white men with good morals to not only judge the accused, but also to investigate crimes. King Henry II had panels of 12 everyday, law abiding men; this aspect of it is much like modern juries. The difference is that these early jurors were “self-informing”. This means that they were expected to already have knowledge of the facts that would be presented in court prior to the trial. King Henry II’s first jurors were assigned the job of resolving the land disputes that were occurring in England. ...
With the decline of the Western Roman empire Western Europe was a disjointed land that had no true unifying structure till the rise of Christianity. In Roman antiquity people used the State or empire of Rome to define themselves and give them a sense of unity despite having a diverse group of people within the empire. When Western Rome fell this belief based on a Roman cultural identity disappeared and no longer were people able to identify themselves with any particular group as they once have. The Christian religion was able to fill this vacuum by having the people associate themselves to a religion instead of a given state or cultural group. During Medieval Europe Christianity became the unifying force that would define what it meant to be European. Christianity gave political leaders legitimacy by showing that they have been favored by the gods. The clergyman that recorded the histories surrounding the kings of the Medieval Europe also provided a link to the Roman Empire to give the Kings a link to Roman empire of antiquity. Christianity became the center of the cultural life in western Europe and created a new social elite in Europe which would dominate literacy and knowledge within Europe for centuries. Christianity provided Europe with an escape from the disorder of the Medieval ages and give them a spiritual outlet for their fears and desires for a better life, whether in the physical life or in the spiritual world after death.
Values and morals of the Victorian era are quite different than those that our society upholds today. The satirical plays, A Doll's House by Henrik Ibsen, and Pygmalion by George Bernard Shaw, examine the problems with certain beliefs held by the people, both men and women, of the Victorian age. Furthermore, the people in general didn't not just hold certain morals, but the different classes in the Victorian society also held their own beliefs on moral code. Of which, the middle class beliefs are most closely examined in both plays. Men and women were expected by others in Victorian society to uphold certain moral behaviors. These expectations caused many problems for the individual that upheld them by limiting their behavior, and overshadowing how the person really thinks he or she should act or what he or she really believes. Men in the Victorian era were anticipated by women and other men to do certain things that would 'qualify' them to be an accomplished masculine figure. The first 'requirement' is that the man must support and protect his woman. In A Doll's House Torvald, Nora's husband, most definitely feels his obligation to protect his wife, whether she likes it or not. "Do you know, Nora, I have often wished that you might be threatened by some great danger, so that I might risk my life's blood, and everything, for your sake"(Ibsen 58). Torvald hopes that one day he will be able to show his manly and virtuous side by protecting his wife, most likely so he will be praised for it. Torvald also feels that his woman must be protected because she most definitely cannot fend for herself. "Aha! so my obstinate little woman is obliged to get someone to come to her rescue?" (Ibsen 27). This ...
The first American jury system began with the Pilgrims as early as 1620. In fact, the first jury trial was held in Massachusetts in 1630 (History of the Jury System in Massachusetts 1). In this trial, John Billington was on trial for the murder of John Newcomin. John Billington was found guilty and sent to the gallows. In 1641, Massachusetts determined that all “free men could serve on two juries in a year” (History of the Jury System in Massachusetts 2).
From conception in the Magna Carta 1215, juries have become a sacred constitutional right in the UK’s justice system, with the independence of the jury from the judge established in the R v. Bushel’s case 1670. Although viewed by some as a bothersome and an unwelcomed duty, by others it is perceived to be a prized and inalienable right, and as Lord Devlin comments ‘ trial by jury is more than an instrument of justice and more than one wheel of the constitution : it is the lamp that shows freedom lives.’ It is arguable that juries bring a ‘unique legitimacy’ to the judicial process, but recently it seems that their abolition may be the next step forward for the UK in modernising and making the judicial system more effective. Many argue that jurors lack the expertise and knowledge to make informed verdicts, along with views that external forces are now influencing juries more heavily, especially after the emergence of the internet and the heavy presence it now has on our lives. Yet, corruption within the jury system is also internal, in that professionals and academics may ‘steamroll’ others during deliberations about the case. These factors, coupled with the exorbitant costs that come along with jury trials creates a solid case for the abolition of juries. On the other hand though, the jury system carries many loyal supporters who fear its abolition may be detrimental to society. Academics and professionals such as John Morris QC state that; 'it may well not be the perfect machine, but it is a system that has stood the test of time.’ Juries ensure fair-practice within the courtroom, and although controversial, they have the power to rule on moral and social grounds, rather than just legal pre...
The twenty-first century judicial system goes back in time to solve murders in the past. Many high school students before they proceed to college will read the play Macbeth written by William Shakespeare, this play like many have very relatable universal themes such as greed, relationships, and good versus evil. If the play Macbeth was applied in today’s judicial system for killing Duncan the prosecutor would have to look at all the angels of the crime right down to the motivates and the purpose of what drove him to commit the murder.
Witchcraft burned tens of thousands of people in the Middle Ages. Just in Salem, Massachusetts, the citizens accused over one hundred and fifty people of witchcraft. As a result of these accusations, the court hanged twenty of these supposed witches. How much evidence was there to convict the supposed witches? Not enough to select death as the punishment. However, the court sentenced the accused to be hanged if they did not confess which causes another problem: why hang when one could confess to a lie and live? Indeed, the court system broke down during these witch trials.
Arguments For and Against Juries The right to a trial by jury is a tradition that goes right to the the heart of the British legal system. It is a right fiercely fought for. and fiercely defended at those times when its powers have been seen to be under threat as those backing reforms are finding. The tradition of being "tried by a jury of one's peers" probably has its origins in Anglo Saxon custom, which dictated that an accused man could be acquitted if enough people came forward to swear his innocence.
Green, T. A. "The jury and the English law of homicide, 1200-1600.". Ann Arbor, MI: Mich. L. Rev. 74 (1976): 413-499.
The lesson is situated in the fourth week, and is the eleventh and second last lesson in the unit outline.