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THE LAW p. 56

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THE LAW p. 56. TERMS Prosecuted: Sue: Swear: Jury: Sentence: Judge:. Canadian court systems have origins in Middle Ages courts. Someone is prosecuted or sued Witnesses swear to tell the truth A jury will hear the case Sentence is passed by a judge.

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THE LAW p. 56

TERMS

Prosecuted:

Sue:

Swear:

Jury:

Sentence:

Judge:

  • Canadian court systems have origins in Middle Ages courts.
    • Someone is prosecuted or sued
    • Witnesses swear to tell the truth
    • A jury will hear the case
    • Sentence is passed by a judge

2.a) Two common methods for determining innocence or guilt were

trial by ordeal and trial by battle.

b) Both assumed God would protect the innocent, especially from harm

c) Trial by ordeal= the accused was given a situation that caused harm or death. If they survived, they were considered innocent. If not, they were found guilty.

eg. Carry red-hot iron

Drink poison

Held underwater

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(Note: some people theorized that the guilty, knowing the method of trial to be used, often confessed their guilt before the trial. The innocent would often plead innocence, submitting themselves to what was actually a rigged ordeal; eg the iron wasn’t hot enough to burn.)

Ordeals

Peter T. Leeson

Abstract

I argue that medieval judicial ordeals accurately assigned accused criminals’ guilt

and innocence. They did this by leveraging a medieval superstition called iudicium

Dei. According to that superstition, God condemned the guilty and exonerated the

innocent through clergy conducted physical tests. Medieval citizens’ belief in iudicium

Dei created a separating equilibrium in which only innocent defendants were willing

to undergo ordeals.

Boiling water rarely boiled persons who plunged their arms in it. Burning iron rarely burned persons who carried it. Ordeal outcomes were miraculous. But they were miracles of mechanism design.

http://www.peterleeson.com/Ordeals.pdf

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d) Trial by battle= two nobles would battle, often to the death.

i) it was assumed that God protected either the accused or the defendant

ii) only nobles could use this method (knights)

iii) a noble woman could choose a champion to fight on her behalf

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