Hernerorstein's Actions In The Rudor Free State

The court transcript is critically important in the judicial system. It is used for many different reasons, but one of the main reasons a transcript is used is during an appeal. If one believes that the trail was not fair or why the judge of a lower court made a mistake in the ruling, they can make an appeal, and the new judge will go back and review the transcript. In this case, the judge will either decide on an appeal or the case may get a while trial. In Abina and the Important Men’s case, the transcript gave clear consensus of everything that was said within the courtroom. It allows the reader to be able to have a clear view of both sides of the case. Abina’s words were easily heard, and her words were spoken loudly to the ears and hearts of all in the courtroom. Yet, Judge Melton chose to turn is head the other way and ignore the illegal actions of Eddoo, leaving Abina standing there as if nothing was even

“His testimony was responsible for the execution of some 35 persons, but, as the frenzy subsided, inconsistencies were discovered in his story.”

As a result of the accused’s actions Mr. Keast has suffered injuries to his neck and jaw and a significant bruise to

A notable tension that was written about in this document was the cruel and harsh treatment of the accused by the justices. Cary relays that his wife’s treatment was inhumane, physically abusive and demeaning. During testimony, she was asked to stand for a long period with her arms stretched out. Cary’s wife was crying and afraid that she might faint. When Cary asked if he could help support her, “Justice Hathorne replied, she had strength enough to torment those persons, and she should have strength enough to stand.” When Cary spoke out against this treatment, he was told to be silent or that he would be removed from the room. Cary’s wife was later taken down on the floor by one of the witnesses. Cary spoke out on “their inhumane dealings, uttered a hasty speech (that God would take vengeance on them, and desired that God would deliver us out of the hands of unmerciful men)”.

In determining if there were reasonable grounds for defence, the jury may have regard to the deceased’s general reputation for violence. In Blyton’s case, his father was a ‘bad alcoholic with a temper’ and had a history of domestic abuse. Blyton’s defence argued that this history contributed to Blyton’s heightened awareness of danger and lead to an instinctive reaction by Blyton to stab his father when rushed.

The role of the judge in the adversary system of trial, unlike the inquisitorial counterpart, has less involvement in the establishment of facts and the analysis of evidence in cases brought before the court. In the inquisitorial system of trial, the judge has a much more active role in relation to the handling and evaluation of evidence, and where relevant, can actually cross examine and question witnesses if they feel crucial evidence may have been missed. While the inquisitorial system of trial has a seemingly more intrusive judge, having an added legal expert questioning and raising areas where evidence may have been missed, is a significant improvement over a judge who may know evidence has been missed but cannot intervene such is the

They convicted accused persons on the ground of what was known as spectral testimony, unsupported by other evidence. Even if the source of evidence expected as sufficient for conviction, it would be easy for anyone, either out of malice or because of hallucinations, to accuse and obtain the conviction of an innocent person. The Mathers and other ministers were aware of this and cautioned the members of the court privately against placing too great a reliance on this kind of evidence. In any case, it was clear that some more objective evidence ought to be required for conviction, and the members of the court knew this perfectly well. If they had applied such evidence, this could be prevented.

On the side of the defendant was Henry Drummond- the mention of his name much

Wolsey also had a substantial effect on the justice system, reinventing the equity court based on fairness, meaning on a sense of conscience instead of a formal legal process). He was responsible for the re-establishment of the Star Chamber, Court of Chancery, dealing with simple and inexpensive cases and the Court of Requests, which made justice available to those who were unable to afford the fees usually needed for a court case. In theory this was an excellent idea and was supported by the commons as well as a number of nobles, a number of which thought they were untouchable by the law, and that this way justice would be served more effectively. Through this the jurisdiction of the Court of Chancery was greatly expanded and further developed, making it possible to increase the number of cases dealt with from an estimated twelve each year to about 120 a year during the 1520 's. While he increased the jurisdiction of the Court of Chancery, he limited the Court of Star Chamber and declared it as impartial, as well as declaring that it should have no influence in political matters. This had the effect that people were relying directly on the crown to settle their disputes meaning that it gained influence in the matters and that local landowners were capped in their power. During this time a number of nobles were convicted, who had thought themselves to be above the law and Wolsey made further enemies in the ranks of those close to the King.

The idea of trial by ordeal and its methods are that if an accused can endure the decided ordeal without any injury or with surviving it with minimal injury, it will be concluded that it was a will of God and that the accused is innocent. However, trial by ordeal is said to be the end point of a relatively formal judicial procedure. This formal judicial procedure has several local variations but historical research suggests that it is commonly comprised of four main

After reading Chapter 3 in our book. The two patterns of criminal activity and violence I would like to compare that took place in England during this period are blood feud’s and Trial by Ordeal. Crime control was built on Kindred grouping an individual’s relatives because if they were injured by another group they had their own supporters. Their supports could bail them out of trouble by paying compensation to the other member in which they killed or hurt families. If a member gets expelled from group they are deprived from being protected and this gives the sheriff permission to injure, or kill the expelled individual through the practice of outlawry. Rather than being called an outlaw, the person is named an adjurer. An individual who withdraws somberly, which involved him wearing a white robe and cross and being subjected to all types of persecutions, an abjurer was not permitted to remain in a

During a criminal proceeding where the appellant, Mr. Doré was the defence council in the Superior court of Quebec, he was subject to personal attacks by Justice Boilard. Taking offence from the personal attacks, he wrote a letter to the judge, which included attacks on the judge’s professionalism, social skills, and shaming him as a judge. (Doré, at Para. 10)

Other cases that were observed through court visits further emphasised the nature of the judicial process in the Local Courts. The summary proceedings served in a number of cases to emphasise the triviality of the process. Cases involving minor offences such as traffic offences and petty theft were particularly trivial however other cases such as domestic violence and minor assault charges were not so inconsequential. They were of particular importance to the parties involved and it is thus important not to overgeneralise the process of the lower courts to being mere triviality. Whilst in the local courts there was an emphasis on speed and efficiency, this did not automatically mean that strict legality was disregarded. The importance placed on evidence and onus on the prosecutors in providing proof upheld important elements of the criminal justice system.

The accusations against him, brought by Briony Tallis, held him responsible for the violation of her cousin Lola. Robbie reflects on this, as Briony plans to refute her statement to the police, “The intricacies were lost to him, the urgency had died. Briony would change her evidence, she would rewrite the past so that the guilty became the innocent. But what was guilt these days? It was cheap. Everyone was guilty, and no one was. No one would be redeemed by a change of evidence, for there weren’t enough people… to…gather in the facts.” (188) Robbie’s loss of security and his future took away the childlike carefreeness he displayed before the accusation. Briony’s conscience weighs heavily on her as she moves from a naïve implication to the realization of the consequences.

Second, he could deny injury, which means he does not see his actions as harmful. Third, he may deny there was a victim. In short, the victim had it coming or deserved it. Fourth, he could condemn the condemners. For example, he may blame the legal system and accuse it of being the real criminals. Fifth, he could appeal to higher loyalties. In short, adhering to the loyalties of a small group rather than the society at large.