Early modern understanding of crime Flashcards
What was Europe’s law based on?
Roman Law
What did England’s adversarial system involve?
Used the Bloody Code system, the Kings covered the entire country, public trials, oral testimony, use of juries, torture unnecessary.
What was the significant difference between the England and European systems?
European punishments were more brutal.
What was the significant similarity between the England and European systems?
To criminalise the poor.
What were the significant 17th-18th century changes throughout both England and Europe?
More factors came into play when deciding punishment e.g. age, gender e.t.c & more imprisonment/branding
What was England’s law based on?
Common-Law
What did Europe’s inquisitorial system involve?
- Judges appointed by Prince or town council
- Trials not public
- Guilt/innocence determined by interrogation
- Two direct eyewitnesses/confession to prove guilt
- Torture could be used to obtain a confession
- Witness testimony in written form
- Based on Carolina
What were the rules associated with torture in Europe?
- Judge must appeal to a higher authority to use it
- Instruments must be shown first
- Confessions had to be reported once torture finished
- After investigation, the judge sends a report.
What was the main reason behind the early modern understandings of crime?
Crime = sin
you commit a crime, it is a violation against god
Why was punishment so brutal?
- Rituals gave punishment legitimacy
- Purification of society
- Supposedly acted as a detterent
What are the differences between early modern understandings of crime and understandings of crime today?
-Rare for lawyers’ involvement until the late 18th century, judges, juries, and prosecutors had more power, prosecutions brought by victim, defendant defended himself
