The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath...
-
Upload
dion-mossop -
Category
Documents
-
view
219 -
download
1
Transcript of The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath...
![Page 1: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/1.jpg)
The History of Conflict Resolution
![Page 2: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/2.jpg)
Historical Methods Of Trials:
• Trial by Ordeal• Trial by Oath• Trial by
Combat• Trial by Jury
![Page 3: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/3.jpg)
Trial by Ordeal•A medieval judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience
• In some cases, the accused were considered innocent if they survived the test, or if their injuries healed
• In other cases, only death was considered proof of innocence. •If the accused died, they were often presumed to have gone to a suitable reward or punishment in the afterlife, which was considered to make trial by ordeal entirely fair.
![Page 4: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/4.jpg)
Types of Trial by Ordeal
• Ordeal of Fire
• Ordeal of Water
• Ordeal of the Cross
• Ordeal of Ingestion
![Page 5: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/5.jpg)
Ordeal of Fire• a judicial practice by which the
guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience.
• In some cases, the accused were considered innocent if they survived the test, or if their injuries healed.
• In other cases, only death was considered proof of innocence.
• If the accused died, they were
often presumed to have gone to a suitable reward or punishment in the afterlife, which was considered to make trial by ordeal entirely fair.
![Page 6: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/6.jpg)
Ordeal of Water
• Hot water – the person had to dip his hand into a kettle of boiling water and retrieve a stone.
• Cold water –the accused was to be submerged in a stream and acquitted if he survived.
![Page 7: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/7.jpg)
Ordeal of the Cross• introduced in the Early Middle Ages by
the church in an attempt to discourage judicial duels or “Trial by Combat”.
• the accuser had to undergo the ordeal together with the accused.
• They stood on either side of a cross and stretched out their hands horizontally.
• The one to first lower his arms lost.
• This ordeal although prescribed by Charlemagne in 779 and again in 806 but abolished by decree of Lothar I in 876, to avoid the mockery of Christ.
![Page 8: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/8.jpg)
Ordeal of Ingestion
• prescribed that an accused was to be given dry bread and cheese blessed by a priest.
• If he choked on the food, he was considered
guilty.
![Page 9: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/9.jpg)
Trial by Oath• Many cultures place a high value
on the individual and on honor, and believe strongly that some greater power (deities, fate, etc.) arbitrates justice in the universe.
• These cultures may consider a person's sworn oath sufficient to clear him or her of criminal charges.
• These cultures are likely to take their religion extremely seriously and have firm beliefs in right and wrong.
• Oaths in these cultures might be backed by merit, character witnesses, or sacred artifacts.
![Page 10: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/10.jpg)
Trial by Combat
• A method to settle accusations in the absence of witnesses or a confession, in which two parties in dispute fought in single combat
• The winner of the fight was proclaimed to be right. • It remained in use throughout the European Middle
Ages gradually disappearing in the course of the 16th century.
• http://www.youtube.com/watch?v=GvLmVa_goXY(Scene from “El Cid” (with Charlton Heston) illustrating
Trial by Combat.
![Page 11: The History of Conflict Resolution. Historical Methods Of Trials: Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury.](https://reader033.fdocuments.in/reader033/viewer/2022052509/56649c7e5503460f94934928/html5/thumbnails/11.jpg)
Trial by Jury• Granted by the Sixth Amendment in
Criminal Trials & the Seventh Amendment in Civil Trials.
• The jury (of citizens) is responsible for finding the facts of the case, while the judge determines the law.
• The jury is responsible for 1) listening to a dispute, 2) evaluating the evidence presented, 3) deciding on the facts, and 4) making a decision in accordance with the rules of law and their jury instructions given by the judge.
• Typically, the jury judges guilt or innocence and the actual penalty (sentencing) is set by the judge.