History of Law Why do we need laws?

Innocent or Guilty? In history, various methods of deciding a person’s guilt or innocence were developed. These were called trials or ordeals. Here are some examples. . .

1. Accused persons of nobility underwent ordeal by fire 1. Accused persons of nobility underwent ordeal by fire. Walked barefoot over red-hot irons, or carried red-hot irons over a certain distance, or plunged hand into boiling water. Verdict: If the wounds healed in 3 days, innocent. (Divine Intervention) If not, guilty.

2. Accused common people underwent ordeal by water 2. Accused common people underwent ordeal by water. Thrown in deep water. Verdict: If accused floated-guilty because the water rejected them. If accused sank-innocent because water received them.

Reflection Why would people use these types of trials by ordeals rather than something that resembles our current legal system?

Verdict: Who was most convincing 3. Accused person could use “wager of law”. Accused brought friends or neighbors who swore the accused was telling the truth. Severity of the crime determined the number of witnesses needed. There were usually 11 who were required to swear an oath before God. The 12th person was usually the accused who swore an oath to tell the truth. King appointed judges to hear the case. Verdict: Who was most convincing

4. Accused persons might use an “ordeal by battle” or “Trial by Combat 4. Accused persons might use an “ordeal by battle” or “Trial by Combat.” Contestants fought each other (like a duel). Assumption that God was on the side of the innocent. Verdict: If the accused won the battle-not guilty. If the accused was too young or too old to fight, champions could be hired to fight.

Early “attorneys” * Idea that a lawyer’s role is to “champion the cause of the client” comes from ordeal by battle where someone was hired. A lawyer is someone who is more skilled in the procedures of the law than the client.

5. Modern courts evolved over centuries based on English common law. Magna Carta (1215) forced King John to limit his power and protect the rights of the people. The start of the English system moving away from trials by ordeal. King promised that no one would be prosecuted except the “lawful judgment of his peers, or by the law of the land.” English law was the model used to construct the U.S. legal system. As a result, our legal system and our laws are based on the belief that justice not be delayed, denied, or sold to anyone.

Due process continues to be developed and changed. 6. Most important characteristic of our legal concept is “due process of law”. Definition: Accused must be tried according to those processes that have been set up to determine guilt or innocence. U.S. Constitution incorporated this concept in the Bill of Rights and the 14th Amendment. Due process continues to be developed and changed.

Hammurabi’s Code of Laws (1792 – 1750 B.C.) Hammurabi conquered and ruled Mesopotamia Hammurabi created a collection of laws known as Hammurabi’s Code Helped unify the diverse groups within his empire.

Code has a prologue which explains its purpose and 282 specific laws. The code used the principle of retaliation (eye for an eye) Set different punishments for rich and poor and for men and women (double standard) Established the principle that government had a responsibility for what occurred in a society

The Ten Commandments 10 Commandments Given to Moses from God Became the civil and religious laws of Judaism The ten commandments have influenced American society and laws Sense of right and wrong Social justice

The Bill of Rights First 10 Amendments (additions) to the U.S. Constitution Outline basic rights of the people Rights cannot be taken away by the government