EVOLUTION OF LEGAL SYSTEM AND RIGHTS. THE ANGLO-AMERICAN LEGAL TRADITION. ACCUSATORIAL SYSTEM. In Anglo-Saxon England: No distinction between civil and criminal cases One party accused the other at a meeting of the entire community.
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
THE ANGLO-AMERICAN LEGAL TRADITION
cleanly after 3
days you were
Therefore they had to speak with one voice, so verdicts had to be unanimous.
Confirmed principle of jury freedom from punishment.
Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding.
1215, King John forced to sign by nobles and bishops
For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood.MAGNA CARTA – “GREAT CHARTER”
Oral combat before a jury of peers
Jury has the final say; judge is neutral
Confrontational; named witnesses
Specific charges spelled out in indictment by grand jury
Innocent until proven guilty
Discouraged use of torture.
Evidence made public
No double jeopardy
Did not have to testify against oneself.
Official prosecution by a judge
Guilt was assumed
Witnesses against the accused not identified
Routinely used torture to extract confessions
Questioning done secretly
Suspect could be retried indefinitely
Used self-incriminating oathAccusatorial System vs. Inquisition