Trial by Ordeal

The History of Conflict Resolution

Historical Methods Of Trials:

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Trial by Ordeal Trial by Oath Trial by Combat Trial by Jury

Trial by Ordeal • A medieval judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience

• In some cases, the accused were considered innocent if they survived the test, or if their injuries healed •

In other cases, only death was considered proof of innocence.

• If the accused died, they were often presumed to have gone to a suitable reward or punishment in the afterlife, which was considered to make trial by ordeal entirely fair.

Types of Trial by Ordeal • Ordeal of Fire • Ordeal of Water • Ordeal of the Cross • Ordeal of Ingestion

Ordeal of Fire • a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience. •

In some cases, the accused were considered innocent if they survived the test, or if their injuries healed.

• In other cases, only death was considered proof of innocence.

• If the accused died, they were often presumed to have gone to a suitable reward or punishment in the afterlife, which was considered to make trial by ordeal entirely fair.

Ordeal of Water • Hot water – the person had to dip his hand into a kettle of boiling water and retrieve a stone. • Cold water –the accused was to be submerged in a stream and acquitted if he survived.

Ordeal of the Cross • introduced in the Early Middle Ages by the church in an attempt to discourage judicial duels or “Trial by Combat”. • the accuser had to undergo the ordeal together with the accused.

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They stood on either side of a cross and stretched out their hands horizontally.

• The one to first lower his arms lost. • This ordeal although prescribed by Charlemagne in 779 and again in 806 but abolished by decree of Lothar I in 876, to avoid the mockery of Christ.

Ordeal of Ingestion • prescribed that an accused was to be given dry bread and cheese blessed by a priest. • If he choked on the food, he was considered guilty.

Trial by Oath • Many cultures place a high value on the individual and on honor, and believe strongly that some greater power (deities, fate, etc.) arbitrates justice in the universe. • These cultures may consider a person's sworn oath sufficient to clear him or her of criminal charges. • These cultures are likely to take their religion extremely seriously and have firm beliefs in right and wrong.

• Oaths in these cultures might be backed by merit, character witnesses, or sacred artifacts.

Trial by Combat • A method to settle accusations in the absence of witnesses or a confession, in which two parties in dispute fought in single combat • The winner of the fight was proclaimed to be right. • It remained in use throughout the European Middle Ages gradually disappearing in the course of the 16th century. • http://www.youtube.com/watch?v=GvLmVa_goXY (Scene from “El Cid” (with Charlton Heston) illustrating Trial by Combat.

Trial by Jury • Granted by the Sixth Amendment in Criminal Trials & the Seventh Amendment in Civil Trials. • The jury (of citizens) is responsible for finding the facts of the case, while the judge determines the law. • The jury is responsible for 1) listening to a dispute, 2) evaluating the evidence presented, 3) deciding on the facts, and 4) making a decision in accordance with the rules of law and their jury instructions given by the judge. •

Typically, the jury judges guilt or innocence and the actual penalty (sentencing) is set by the judge.