• Trial by Wager
  • Required the accused to have a number of acquaintances (oath-helpers) swear his/ her innocence
  • Not applicable to people caught in the act or with stolen property.  They faced one of the following:
  • Trial by Battle
  • Evolved from Anglo-Saxon practice of “blood feud” where relative of victim tool revenge by attacking killer and his/ her kin
  • Abolished in 1833
  • Trial by Ordeal
  • Judged accused person’s guilt or innocence by a severe physical test.
  • E.g. Carry red hot iron, thrown into water; expectation of divine intervention to save the innocent
  • Adversarial System
  • Feature of English system of law; resembles trial by battle
  • Parties represented by advocates; Crown and Defence
  • Judge ensures trial is fair
  • Advantages:
  • Increased acceptability of result
  • Control allowed to parties involved
  • Judges are neutral
  • Promotes highest approximation of truth

  • Criticisms:
  • Encourages deceit and concealment
  • Assumes parties have an equal ability:  today legal aid helps to rectify this.
  • Inconsistent with how people normally seek the

Leave a Reply

Be the First to Comment!

avatar
wpDiscuz