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Paper #045808 :: The Origins of Trial by Jury
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Discusses the origins of the modern-day jury trial from the systems of trial by ordeal and trial by combat from the medieval English system of trial and punishment.

Written in 2003; 4,285 words; 7 sources; MLA; $ 113.95

Paper Summary:

The paper describes, in detail, the systems of trial by ordeal, including the various types of ordeals and how they were carried out, and shows the reasons for the creation of the modern jury trial system and how it was first implemented in medieval England.

From the Paper:

"Although they are sometimes controversial, the rights of accused persons are among the most important rights guaranteed all persons residing within the United States. The right to a trial by a jury of ones peers is the heart of those rights guaranteed to accused persons. This is related to English constitutional history because it is here where we find the origins of the jury trial system. We will trace the ways in which accused persons in medieval England were tried, beginning with the various forms of trial by ordeal, trial by combat, and ending with trial by jury. Our discussion of the various forms of trial will follow the following form: 1) We shall first discuss trial by compurgation, its practice, and its limitations. 2) When possible we shall discuss trial by ordeal as a necessary alternative to trial by compurgation, as well as the historical origins of the various types of ordeals used in medieval England. 3) We will discuss trial by battle as an alternative to trial by ordeal and compurgation, its origins, and how it was practiced in medieval England. 4) We will discuss origins of trial by jury in medieval England and the reasons for how and why it eventually replaced the various forms of trial by ordeal."

Tags: england justice medieval ordeal

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