Chapter 8 - Chapter 8: History and Organization of Courts...

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Chapter 8: History and Organization of Courts 1. Courts in history a. Before there were courts: the blood feud a.i. Disagreement whose settlement is based on personal vengeance and physical violence a.ii. Courts had to be invented because of blood feuds a.iii. An eye for an eye b. Courts in England b.i. Court resolved conflicts and marked celebrations such as a royal birth, wedding, or religious festival b.ii. Court/congress b.iii. Offered king and other nobles a way to raise revenues b.iv. Criminal behavior fined c. Trial by compurgation c.i. Compurgation- practice in medieval German and English law by which a defendant could establish innocence by taking an oath and having a required number of people swear that they believed the oath c.ii. Character witnesses d. Trial by ordeal d.i. Ancient custom found in many cultures in which the accused was required to perform a test to prove guilt d.ii. 3 types: d.ii.1. Trial by cold water d.ii.2. Trial by hot water d.ii.2.a. Pick up stone at bottom of cauldron of boiling water d.ii.2.b. Guilty if wounds didn’t heal and/or infection occurred d.ii.3. Trial by fire d.iii. Trial by battle 2. Development of the Jury a. Inquest- archaic usage, considered the first type of jury that determined the ownership of land b. Grand jury b.i. 1166 Assize of Clarendon- established judicial procedure and the grand jury system c. Jury trial c.i. Created to fill a vacuum in the criminal justice process c.ii. 1215 Fourth Lateran Council of Roman Catholic Church forbid priests to participate in trials by ordeal
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This note was uploaded on 12/10/2011 for the course CRJU 100 taught by Professor Aaronfitchelberg during the Fall '11 term at University of Delaware.

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Chapter 8 - Chapter 8: History and Organization of Courts...

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