Crime And Trilas And Punishments Flashcards
Types of crimes in medieval times
.witchcraft .treason .murder .disobeying church teachings .working on holy days
Types of trials used in medieval times
Trial by: compurgation Combat Ordeal Jury Torture
Types of punishment
Imprisonment
Burning
Execution
What is trial by compurgation
In a trial by compurgation, 12 people had to recite a special oath to claim someone’s innocence. Any mistakes would supposedly cause the oath to ‘burst’ and prove that the accused person was guilty.
What is trial by combat?
Nobles began to use an expert known as a ‘champion’ to represent them in a trial by combat, with the champion fighting the battle in their place. People believed that God would reward the innocent person with victory.
What is trial by ordeal
In trials by ordeal, people asked God for a sign of guilt or innocence. In an ordeal by water, people threw the accused into the ‘holy’ waters of a river or lake with their hands and feet tied together to see if they sank (a sign of innocence) or floated (a sign of guilt). In ordeals by fire, people either had to put their hand in a pot of boiling water, hold their arm over a fire or pick up a piece of red hot iron. If the burn had healed after three days, then people took this to be a sign of innocence
What is trial by jury?
Modern-style juries developed after Henry II (1133–1189) introduced forms of jury trials in England in 1166 and 1176. His travelling judges conducted courts with juries of 12 men chosen from among the local townsmen. In disputes over land, the jury decided who was in the right and the judge imposed the sentence.
What is trial by torture
Torture (i.e. causing someone physical pain) was often used to gain a confession from people accused of serious crimes. In theory, people approved it only when they already had some evidence against the accused person. In reality, the law offered people no protection against the use of torture. People also used torture as a punishment and devised specific torture instruments to punish particular crimes.
Methods of torture
villagers tied nagging wives to a ducking stool and ducked them three times into the river.
women found guilty of gossiping had to wear the ‘scold’s bridle’.
a baker who cheated his or her customers might be dragged through the streets on a sledge with a loaf of bread tied around their neck.
a peasant who stole firewood from the lord’s forest or whose animals damaged someone else’s crops would most likely either pay a fine or perform extra work.
What are some ways of avoiding punishment.
Women had a unique method of avoiding punishment. A woman who became pregnant could postpone her punishment until the birth of the child.
Both men and women could avoid punishment by claiming sanctuary (protection) from the Church. To do this the accused person had to stay on Church property for 40 days, admit to their wrongdoings and promise to ‘abjure the realm’ (leave the country forever). Then the person had to leave the country as quickly as possible without money and, as a sign of their guilt, wear sackcloth and carry a white cross. While this process was being carried out, the fugitive remained under Church control and could not be arrested.
