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HIST 3305 (1)

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HIST 3305
Christopher Mc Naught

Crime State and HistoryExam Review NotesTheme1 Evolution of Law and Court SystemThe Kings PeaceIntroduced by King William the Conqueror 1154Normand PeriodPrior to the KP forms of retribution but no written lawsex Blood feuds between familiesright to pursue those who had wronged youKP When you commit a wrongful act against an individual it is also an act against the state Centralized consolidated notion of right and wrong around the stateshowing a preference for social orderApplied to treason and feloniesTwo Levels of CourtBoth royally appointed1Justices of the PeaceTook place of sheriffs Presided over quarterly sessions Jurisdictionmisdemeanors Acted as link between citizens and the Crownapproach JP with evidence to start criminal proceedings 2Judges Presided over circuit courtsJurisdictionfelonies Travelled around hearing complaintsoWaited in Jail until they came back to townGrand Jury Made up of eminent localscreated stability by including them in the processDetermine if there was sufficient evidence for trial In extreme cases would implement tortureReplaced by petit jury in England and preliminary hearings in CanadaJury NullificationVoting with conscious Bushel Case 1670William Penn defendant asked jury to vote with their conscious as opposed to the law which he had undoubtedly brokenJudges tried to compel the jury to find him guilty jury wouldnt Chief Justice of London Judge interprets law jury interprets factstheir prerogative and without penalty by the judiciary The JuryThomas JeffersonJurydemocratic voiceAnchor holding government to the constitutionLast place little guy could have his sayModern DayChallengesUse of jurys significantly loweredThe X factorpart is performance cant bore them soap operaex OJExpensiveGo on foreverComplicated evidentiary lawPeople hate being on juries Star Chamber Judicial body with special mandate to hear petitions of redresscitizens come forward and skip other courtsSupervisory bodyoversaw issues dealt with by lower courtsTudor periodopen court looked out for little guyStewart periodclosed court used to stifle political rivalry Symbol for inappropriate trialActsCredibilityCourts developed as modern way of enforcing law but still corrupt number of acts fixed that1679 Habeus CorpusNo one to be held without just cause1689 Glorious RevolutionParliamentary supremacy assertedmonarchs not above the lawWilliam of Orange beat sitting Kingkey to evolution of British democracy and law1696 Treason ActAccused awarded counsel crown must produce two witnesses can address the juryonly applied to those accused of treason1701 Act of SettlementJudges appointed for lifemonarchs cant kick them out of officeMonarchy not to interfere with law and justice 1215 Magna CarterThe Great CharterCreated to guarantee scootage forcing nobles to pay extra war tax would not occurPower rebalancinglimited kings authoritySet out many modern day provisionsseparation of church and state
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