EARLY MODERN UNDERSTANDINGS OF CRIME Flashcards
What legal system of law did Europe use?
Inquisitorial
what legal system of law did England use?
adversarial
explain inquisitorial system in past
trials were not public, guilt or innocence was determined through interrogation, 2 direct eye-witnesses or confession required to find someone guilty
explain adversarial system in past
trials were public, torture was largely unnecessary, juries were used more for freedom of evaluating evidence
what is the constituto carolina?
a procedure for discovering guilt or innocence in criminal cases by means of official inquest
what offences carried the death penalty (Carolina)
murder, highway robbery, counterfeiting, witchcraft, rape and abortion
what executions were used (Carolina)
beheading, the gibbet, drowning, breaking on wheel, burning, buried alive, boiling in oil, quartering
what punishments were used (bloody code)
hanging at tyburn, hanging in chains, burning at stake, quartering, beheading, incarceration, whipping , the pillory, branding, fines
what was the symbolic significance of punishments?
rituals gave punishment legitimacy, a sacrifice of offender purified society
what is the bloody code? and when?
imposed the death penalty for over two hundred, often petty, offences. Its aim was deterrence. 1723