HIS389H1 Lecture Notes - Lecture 9: Constitutio Criminalis Carolina, Inquisitorial System, English Criminal Law
Document Summary
October 12, 2010 lecture law and lawyers lecture. Felony: a serious crime, which may result in the death penalty. Biblical roots- magistrates created by god to protect weak and punish bad granted sword which is symbolic of ability to punish. Displays of punishment: to ensure that some do not cross powers- they will use the sword. Ex: soldiers enforcing community norms of state at public execution: execution as display of state power but also weakness with fear of some revolting, executioner making a mistake. Criminal process changes from accusatorial into adversarial or inquisitorial. Change from accusatorial to adversarial or inquisitorial- you start in early middle ages with an accusatorial system for reasons. Levack explains that the accusatorial is unsatisfactory therefore steps taken to modernize it. Thus the adversarial (england) or inquisitorial (borrowed from church inquisitors) First stage of state power- what happens is different little princes and cities set up courts where there are judges to oversee criminal matters.
