Chapter 1 Flashcards
Where did our laws originate
Old British law
How did colonial interpretation of law differ from British interpretation of law
If anything it was a stricter interpretation of the theory behind the law
What part of British law could not easily be adapted to colonial law
Feudal system of land tenure and servitude; Land was plentiful and labor was in high demand
How did the justice of the peace in colonial times interpret the law
Usually more lenient except for morally repugnant crimes
What were the role of lawyers in criminal law
Unlike in Britian, colonial criminals got a right to a lawyer
Why would criminals choose judge v lawyers
Judges if they wanted unbiased edcuated decision; jurors if it was an unjust law
What are the body of liberties
Addopted by the Massachucets bay Colony an early bill of rights highly biased towards religious scripture
What was the purpose of the body of Liberties
Not exact; it was more of a metaphor about how people should purify their lives
What were the severity of cirminal laws/penalties of the colonies?
They were harsher than other colonies but less than in Engliand; mainly because of the high demand for labor
What was the extent fo justice
ONly for free men; the WASP elite
Who was afforded less justice?
Religious disenters; women; African Slaves; Indians
What was the 1rst Amendment of the Bill of Rights represent?
The irony of fleeing England for religious pursicution to establish the same in the colonies.
Who was Roger Williams?
A religious disenter expelled from Massachucts
Who was Anne Hutchiseon
A religious dissenter who was prosecuted for the believe that salvation came through grace not work
Who prosecuted Anne Hutcheson
Winthrop; Anne was smarter; infuriated Winthrop; Convicted Anne
