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What's missing in a trial by ordeal?

One central feature of legal systems in a modern democracy is a commitment to due process in legal matters. A system based on due process is one in which there are laws that guarantee a person cannot be deprived of life, freedom, or property without the use of appropriate legal procedures. Trial by jury is one way to safeguard due process, and such trials tend to be central to the fair practice of law in developed countries. The images in the slide show below show the development of due process in Europe.

Bayeux Tapestry

In early medieval Europe (476 CE to about 1000 CE), trial by oath was used to settle lawsuits. Neighbors of an accused person would appear in court and swear he was innocent. This put a burden on the neighbors, who would be punished if they were proved to be lying. Trial by oath was a step up from trial by ordeal, and a step toward trial by jury. Twelve jurors, men from the village or town where the court was held, would hear evidence and decide a case.

Charlemagne

Charlemagne (742-814 CE) was the first Holy Roman Emperor. He ruled over much of central and northern Europe, including modern-day Germany and France. Historians believe that jury trials were one of the many social reforms Charlemagne brought to his people. At first, jurors in the Holy Roman Empire only served as witnesses to court proceedings. But they evolved over the years into their modern role of hearing evidence and deciding disputes.

Williamsburg Virginia Court House

This is the colonial courthouse in Williamsburg, Virginia. By the 1400s CE, trial by jury was the dominant method of settling court cases in England, and that system was taken by English emigrants to the Americas.

Question

What is a trial by jury?

a trial in which two sides of a dispute present reasoning and evidence to twelve jurors, who listen to both stories and decide which side's argument seems valid--the accuser's or the defendant's

Question

What role did the emperor Charlemagne play in the development of trial by jury in western Europe?

Many people believe that the modern jury had its origin in the time of Charlemagne, who ruled most of Western Europe in the late 700s and early 800s. At first, jurors were just witnesses summoned to provide evidence of guilt or innocence. By the 14th century, however, the jury had assumed its present role of resolving disputes after considering the facts presented by both sides.