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
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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.
•
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.