- 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
