Other Laws in History

1. Other Laws in History Their influences

2. Trial by Ordeal“the test of innocent or guilt!?” A semi-magical method or test used to determine guilt or innocence going right back to pre-historic times.

3. Trial by Ordeal • Ancient ritual of determining innocent or guilt. • Accused would have to perform some barbaric, dangerous or potentially fatal act. • The outcome of the act would determine innocent or guilt. • Only used when Lord or Judge was incapable of determining innocent or guilt based on witnesses and evidence presented.

4. Trial by Ordeal • Only used when punishment would have been death penalty. • Premise is that God would save the person if innocent, hence guiding in the decision of innocent or guilty. • Very religious era. Priest present, accused allowed to participate in religious activity and rights etc. • Abolished in 1215 CE by Pope Innocent III.

5. The ordeal of fire • where the suspect had to carry a bar of red-hot iron in his hands while he walked nine marked paces. (or for/after a certain time period) • No burns = Innocent • Burns = Guilty / Hang Promptly! • A variation was licking red-hot iron with the tongue or, sometimes, the suspect had to run barefoot over nine red-hot ploughshares.

6. The ordeal of water • where the accused was thrown into water and if they sank, they were declared innocent, but if they floated, they were guilty and taken out and hanged - a sort of no-win situation!

7. The ordeal of water • This Ordeal was used for ordinary people. The accused man had to plunge his arm into boiling water. If the skin was unharmed when he removed it, it followed that he must be innocent as God had protected him.

8. Trial by Oath Helping • People who knew the accused • Swear an oath on the Bible • Agreement = Innocent • Easy to do??? (lying under oath) • Fear of retribution by God!

9. Trial by Combat • Two disputing parties • Duel • God on the side of the innocent! • What about the weak???? Fair??? • Smarter individuals hired someone STRONGER to do the duel! • Similar to today’s “Adversarial System”

10. Trial by combat • Both sides, represented by lawyers, battle in an arena called a “court” to determine the guilt or innocence. • ‘battle” not based on strength, but mental ability

11. The Feudal System • The ruler or King was the law! He had divine rights or powers • passed down by God and passed on to successors • They were above the law! Answerable only to God

12. The Feudal System • The feudal system instituted by King William (England): • Divided the land into parcels and given to nobleman • Controlled everyone & everything on that piece of land. • Different treatment by different nobleman. Different punishments/penalties for similar offences! • Fairness, Justice????? • People revolted (12th. Century) & Henry II changed the system to reflect the system today in Canada.

13. Common Law • King Henry II’s answer to unfairness • Traveling judges(circuit judges) and courts (assizes) • Still no consistent or codified body of law • Judges own “Common” sense and principles of justice • Similar problems noticed, judges applied the same decisions

14. Common Law • Records of cases now being kept, known as case law or common law • Each case with different circumstances created a precedent for judges to follow • Principle of “stare decisis” – latin for “stand by the decision” • Today known as the RULE OF PRECEDENT • Fairness established!!??