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University of British Columbia
PSYC 331
Don Dutton

Psyc 331 Website: Registration code: psych3311208311138dutton th Exams: October 25 50% 50/50 mc Final 50% [email protected] HISTORY OF THE TRIAL: origins of rules of evidence in court HAMMURABI’S CODE: one of the earliest systems of codified laws IVAN HENRY CS: spent 20+ years in jail for something he didn’t do HISTORY OF THE TRIAL: The questions: what should constitute evidence in court? Does punishment deter? How can we know the truth? Etc... st HAMMURABIS CODE: 1 written set of laws  If anyone ensnares (publically accuse someone of a crime) another that person will have a ban upon them, if the accuser couldn’t prove the crime then they were put to death  An eye for an eye  Before there were laws there was ever lasting vengeance; laws were created as an alternative to this  Introduction of presumption of innocence (innocent until proven guilty)  Both the accused and accuser were able to present evidence  Harsh sentences for falsely accusing someone WESTERN DEVELOPMENT OF LAW  You enacted law and order to appease the gods  Only the gods could decide guilt or innocence until Aeschylus created the Greek play write Orestian Trilogy o He wrote about the trial of Oresties who murdered his mother (after the mother killed the father who killed the daughter) o Orestes is tried by a jury of 10 peers o Then the goddess of wisdom says that there should be a jury in all cases DRACO  Greek law maker in 6 century  He distinguished involuntary from voluntary homicide ATHENIAN IDEAS OF JUSTICE: 5 CENTURY  You need to have a guilty mind; the act itself does not make you guilty unless its accompanied by a guilty mind  Bridge between law and psychology  There are some deeds that are so bad that they need to be punished just to appease the gods ANCIENT IDEAS OF JUSTICE: 5 CENTURY BCE ATHENS  Killers were infected with deadly vapours  People began to take complaints to court PLATO  Trial of Socrates  Socrates was brought to trial and found guilty and chose to die by drinking poison hemlock  Plato stated that laws are good, but are followed through by people who do make mistakes THE ROMAN EMPIRE  Saw law as a tool and something that can be used for policing empire  Cicero: defence lawyers are using tactics to sway the juries ideas JUSTINIAN  Battles often broke out in court in N. Europe; people came to court fully armed THE VENGANCE MOTIVE  Violence is seen as being more acceptable if it is in the service of vengeance along with vigilantes  These undermine the criminal justice system THE OATH  An oath is an ancient concept which meant that you were pulling gods attention to what was happening in the trial; a pledge to the gods and calling them to overlook the trial  People used to have to give the oath next to a dead animal OATHS AND ORDEALS  Trial by morsel: swear innocence, eat blessed bread, and swallowed it without choking (then you were innocent)  Trial by water: if you sunk you
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