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What were appeals used for?
Felony only
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By the 15th century, how were appeals used?
As a threat only, to make the offender pay compensation (they carried punishment of death)
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How were appeals made?
Oral complaint by victim or approver
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How were indictments brought?
Grand jury would inquire into crimes and then report to the justices in eyre. From the mid 14th century, written accusations could be put before the grand jury.
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What was a problem with indictments before the 14th c?
The accusation could be very vague (difficult to defend against)
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How were indictments tried?
Always by jury
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What was the main way of commencing criminal proceedings from the 14th c?
Indictment
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What were informations used for?
Misdemeanours only
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How were informations used?
Individual would present to justices of the peace
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What was a possible problem with informations?
Informers were given a share of the penalty (encouraged corruption)
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Who thought the ordeal was a way of getting guilty people off?
Kerr et al
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Who said the ordeal was a way of making people tell the truth?
Plucknett
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Who said the ordeal was only used where there was no clear evidence?
Bartlett
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When was the ordeal stopped?
1215
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When did trial by battle stop?
Became less common in 14th c and stopped in 15th
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What were the conditions for jury members?
Male, owned property
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What were the problems of jury trial at first (for the accused)?
Not allowed to call sworn witnesses, not allowed counsel, no real rules of evidence
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When were defendants allowed counsel and sworn witnesses?
18th c
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What was the punishment for a felony?
Death and forfeiture of property
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What was the punishment for a misdemeanour?
Corporal and/or fine. Imprisonment not common.
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What was the original test for benefit of clergy?
Reading and clerical dress
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When did reading become the sole test for benefit of clergy?
14th c
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When was the reading test removed for benefit of clergy?
Early 18th c
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When were controls developed for benefit of clergy? What were they?
Late 15th c - laymen only allowed to claim benefit once, benefit not available for certain crimes
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When were women allowed to claim benefit of clergy?
16th c
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Who said the reading test for benefit of clergy was another way of oppressing the poor and uneducated?
Zaller
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When did Parliament enact that pardons should only be used for accidental killing or self-defence?
14th c
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What were the two ways that jury mitigation could save a defendant from death?
- Not guilty verdict
- Partial verdict (less serious offence)
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When was the three-tier system of homicide developed? What was it?
- 16th c
- Murder with malice aforethought - death and forfeiture
- Murder with no malice and first offence - clergiable
- Accidental or excusable killings - pardoned
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Who came up with the concept of 'criminal equity'? What does it mean?
Jerome Hall - gradual redefinition of the law to mitigate harshness, develops with the needs of the community, eventually results in legislative response.
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Study about felonies and capital punishment:
Valerie Edwards - only a very small minority of felony prosecutions in the 17th c resulted in death
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Who said that 'being respectable' was practically a defence to rape in itself?
Conley
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Who said the legal definition of rape was so vague that judges and juries could use their own definitions?
Conley
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What was the definition of rape?
The carnal knowledge of a woman forcibly and against her will
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How were women restricted in the way they could describe rape? (and who said it)
Women were not supposed to be violent or physically strong; describing physical resistance against the rapist would make a woman look less honourable and chaste. Walker
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