The History of Conflict Resolution Historical Methods Of Trials: • • • • 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. • 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.