Trial by Ordeal: a physical test overseen by the church. “Trial by Boiling Water” “Trial by Cold Water” Was abolished after it lost support of the Catholic.

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Presentation transcript:

Trial by Ordeal: a physical test overseen by the church. “Trial by Boiling Water” “Trial by Cold Water” Was abolished after it lost support of the Catholic Church in Rome. Used in early colonial America during the “Salem Witch Trials.” Trial by Oath: required the accused to swear an oath to God of his/her innocence. Fear of “God’s wrath” meant a great deal. If the accused is challenged, a “compurgation” is called. Eleven supporters served as character witnesses. However, if the accused is found guilty, the compurgators were also punished. Modern jury system has its roots in English history: Trial by Oath and Trial by Ordeal Earliest: Ancient Greeks, around 400 B.C., male citizens of Athens listened to the arguments of alleged wrongdoers. Hundred of volunteers would listen to evidence from both sides and reach a judgment.

SOON AFTER, TRIAL BY JURY BEGAN TO FULLY DEVELOP

 Were used to resolve common crimes against the king or church  “Biased” jurors were planted to ensure the desired outcome  Led to a reform to calling for jurors who had no interest in the case or issue – “impartial jurors”  Colonization in America – essential protection for an individual accused of a crime  Listed in grievances denied by King George III in the Declaration of Independence: “for depriving us in many cases, the benefits of trial by jury.”

APPROXIMATELY 90% OF ALL JURY TRIALS IN THE WORLD TAKE PLACE IN THE UNITED STATES.

At least 18 years of age A U. S. citizen Be able to understand English

 What are the advantages of having juries, rather than simply a single judge, decide the outcome of civil and criminal cases?

 How many jury trials are held in the United States each year? 154,000 o 66% are criminal trials o 30% are civil trials o 4% are other types of trials

 How long does the average jury trial last? 5 days for criminal trials / 4 days for civil trials  What percentage of Americans has served on a jury? 29%

 Challenge for Cause: › Made against a potential juror who would likely not be able to determine the facts and decide the case with an open mind (person experience, beliefs, opinions.) › Attorneys may issue as many challenges for cause as they wish, but the judge must approve them.  Peremptory Challenge:  Attorneys may remove potential jurors without giving a reason, but the number of peremptory challenges is limited.  Used to seat jurors most likely to rule in their favor (cannot be used to remove jurors based on race or gender.)

 How might the information requested on the juror information form help the attorneys decide whether potential jurors might be likely to decide in their favor?