Similarities And Differences Between The British And American Judicial System

During the 1600’s in the United States there was much economic and religious dissention within the Puritan society: a group of English reformed protestants who pursued the Purification of the Church of England. Among these issues, is the hysteria of the Salem Witch Trials that prosecuted women to be found worshippers of the devil. The Puritans found the necessity to exercise this crusade in order to stay by their moral codes of conformity which included witchcraft to be the greatest crime, punishable by death. However, the true reasons of the trials was not to simply follow their religious constitutions. It is mainly in part from corruption of religion and how some had used the trials as a form of personal gain, the influences of the attitudes from the strict Puritan lifestyle, the need for unification between the Salem factions, and the society’s fear of evil.

The Criminal Justice System has many components that make it up. There are many differences and similarities between Canada and America like the culture, religion, and governments. Some of the main differences and similarities being the Criminal Justice System. The Criminal Justice System is the law that is related to arresting, sentencing and punishing people if found guilty with jail time, probation, or community service. In this research paper, I will be stating some of the main differences and similarities between the Canadian and American Judicial System.

The Salem Witch Trials was a very dark period in our history that occurred in the colony of Salem, Massachusetts. These trials began in February 1692 and ended in May of 1693. There were over two hundred individuals who were accused of practicing witchcraft. Of those two hundred accused, nearly twenty innocent souls were lost. This was one of the most severe cases of mass hysteria in recorded history. There was a great effort exhorted by the Massachusetts General Court to declare a guilty verdict, that the framers of the United States Constitution went to great lengths to never let this type of tragedy occur again; commonly known as the eighth amendment. Remarkably so, some may argue that there were similarities in Salem and the

A major part of the independent growth was the legal system that America had formed. While they adopted many of the essential elements of the English legal system, they had major differences in the American legal system (Brinkley, 2012). For example, punishment was different from England’s, instead of prison or the gallows, the Americans took a different route. The forms of punishment in colonial America was whipping posts, branding iron, stocks, and the ducking stool (Brinkley, 2012). The colonists thought of law as reflection the divine will or as a result of natural order, not as an expression of power (Brinkley, 2012).

The tyranny of England was not the sole power that led to the rights and liberty declared in the Declaration of Independence. Instead, it was Britain’s own Bill of Rights which acted as a precursor to America’s document of freedom. Although there are a vast amount of similarities between the two documents, I will argue that they are different in stated grievances, remedies, views on sources of political power, models of governance, and of rights and government.

By reading the two primary sources we are given a clear account of the Salem Witch Trials. John Hale describes the officials involved in the trial and those being prosecuted. Hale states, “I observed in the prosecution of these affairs, that there was in the Justices, Judges and others concerned, a conscientious endeavor to do the thing that was right.” he then later states “But what chiefly carried on this matter to such an height, was the increasing of confessors til they amounted to near about fifty.” While Governor phips goes into more detail in reference to the actual court proceedings, “When the Court came to sit at Salem in the County of Essex they convicted more than twenty persons of being guilty of witchcraft, some of the convicted were such as confessed their Guilt, the Court as I understand began their proceedings with the accusations of the afflicted and then went upon other humane evidences to strengthen that.” Only together the sources are able to give the reader the information needed, showing a disadvantage to using primary sources to evaluate history. These accounts illustrate comprehensively the picture of a court concerned with doing the right thing for their people and trying the accused in the way they see fit. They explain the use of accusations to testify against the convicted and

During the time period of 1691 to 1692 the town of Salem, a small thriving community within the Puritan Massachusetts Bay colony, was struck by widespread hysteria in the form of witch trials. The way these trials and accusations played out are historically unlike any other witch trials found in European and American history. Historians have pointed to a number of economic, political, and social changes of the then existing institutions throughout the Massachusetts Bay area to be the cause of the Salem witch trials, along with the direction they took. If studied closely however, it becomes apparent that the main cause for the Salem witch trials can be found in the way the people of Salem viewed and

slightest change. It took nineteen innocent deaths for the leaders of Salem to even begin to see the wrong doing in their trials. The Salem witch trials of the 1690’s had an immense impact on American history. These dark times cast a shadow that would forever haunt this country’s past, knowing that our fore fathers were not the

When the English were colonizing North America, they brought with them their laws. Being from the British Common Law system, the settlers understood how that system worked, so they modeled their own government using Common Law.

During the colonial era, Britain has acquired considerable territories in the Northern America. These colonies were looked at as a mere resource and were treated as such. However, it can be said that it was England’s own laws that sparked a revolution in these colonies. Starting with the Magna Carta (1215), and continuing with the English Bill of Rights (1689), England has defined certain rights for all Englishmen. However, many of these rules did not apply to the colonies. The abuses of this power against the colonies is what lead to the revolution and enactment of the Declaration

Escaping Salem: The Other Witch Hunt of 1692 by Richard Godbeer is an examination of

Living as we do in the 20th century, the charges imposed on people throughout New England during the 1680s and 1690s seem preposterous. Any behavior regarded as strange by fellow citizens was sufficient to hold a trial with a sentence of death. Though such scenarios seem unfathomable in our modern culture, it was a reality for hundreds of New England settlers. The causes of the famous outbreak of witch trials in Salem, Massachusetts are rooted in social, economic, and political aspects of the late 17th century Salem community.

Common law became into effect after the Norman Conquest (A.D. 1066) consolidated their hold on newly won territory. One way was to take control over the legal/court systems. When this happen

Good in bad people is shown through Pip, Estella, and Magwitch in Great Expectations. Even some fugitives have good in them. When criminals get arrested they hire a lawyer to exhort them in making the right decisions in court. The Judicial System takes care of the court sentences of criminals. The United States’ Judicial System is very good.

The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.