Basic Criminal Law: The United States Constitution, Procedure and Crimes Anniken U. Davenport

1. Basic Criminal Law: The United States Constitution, Procedure and CrimesAnniken U. Davenport

2. UNIT ONE: THE HISTORY OF CRIMINAL LAW Chapter 2 The Origins of American Criminal Law

3. Introduction • The American legal system is patterned after the English system. • Anglo-Saxon Tribal Law to 1066 • The Anglo-Saxon viewed crimes not as acts against the state, but as acts against the family. • In fact, in most cases it was the victim’s responsibility to bring the accused to court. • Unlike modern-day courts, no distinction was made between civil and criminal cases. • A criminal who was convicted could be executed for particularly heinous crimes, he could be tortured, or more likely he would simply have to compensate the victims because prisons didn’t exit yet. • During this period, one king in particular left a mark on Law. King Alfred helped unify the many tribes and issued a book of laws, or dooms. These would serve as a basis for common law.

4. The Norman Invasion • The Norman conquest was the first step in the transformation of the English government into a modern state. • Ecclesiastical Courts • William conquered England with the support of the Catholic Church. Consequently, the Church played a large role in the legal life of the country. A parallel system of state and ecclesiastical courts developed, each with its own sets of laws and sanctions. • The ecclesiastical courts used stare decisis to decide cases, but their basis for deciding cases was at first canon law. As time went on, where canon law conflicted with English statutory or Common Law, the English law took precedence.

5. The Evolving Common Law • The twelfth and thirteenth centuries saw rapid changes in the legal system during which trials by jury were begun, the rights of the accused were guaranteed, and clearly defined rules were developed to determine where cases were heard. • The Charter of Liberties • In 1100 A.D., upon ascending the throne, Henry I issued the Charter of Liberties. The charter represents the first document that bound the king to the law. • The Constitutions of Clarendon (1164) • The Constitutions of Clarendon, issued by Henry II, gutted the authority of the ecclesiastical courts in England. The Constitutions also made reference to use a panel of 12 lawful men to determine the truth in disputes.

6. The Assize of Northampton (1176) • The Assize of Northampton firmly established stare decisis on a widespread basis. • The Assize was an attempt to provide uniform guidelines to protect the rights not only of lords, but widows and underage children as well. • After the Assize of Northampton, the accused in a criminal trial, or either the plantiff or defendant in a civil action, could appeal to the king to have the case heard in the king’s court. • If the king agreed, a writ would be issued ordering the case to be heard in the king’s court.

7. The Magna Carta of 1215 • Henry II’s second son, John, was forced to sign the Magna Carta, or Great Charter, in 1215. • Among important emerging criminal law concepts were the following clauses: • No freeman shall be captured or imprisoned or disseised except by the lawful judgment of his peers or by the law of the land. • Putting the Period 1066-1215 in Perspective • In a mere 115 years, the English moved from a tribal, erratic legal system to one that provided uniform enforcement of laws.

8. The Seventeenth and Eighteenth Centuries • This period is characterized by dramatic changes in the religious and political makeup of England. • The English Civil War and the English Bill of Rights • The first king to ascend the throne in the seventeenth century was James I. James was a Scottish king who believed in the divine right of kings. • Previous kings had signed the Charter of Liberties, the Constitutions of Clarendon, and the Magna Carta. These, taken together, bound the king to the rule of law. • James’ son Charles also believed in the divine right of kings. He continued the feud his father had started with Parliament. • In 1628 Charles was forced to sign the Petition of Right. • Charles signed the document, but never had any intention of fulfilling its terms.

9. The English Bill of Rights reiterated the king’s subservience to the law and the limited role of Parliament. Because monarchs had frequently abused the judicial system to silence political foes, Parliament inserted the following provisions to protect those accused of a crime: • That excessive bail ought not be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted. • That jurors ought to be duly empanelled and returned.