Whatever Happened to Justice Ch 6

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Listen to an AI-generated conversation about this lesson
Download our mobile app to listen on the go
Get App

Questions and Answers

What was the purpose of outlawry in early common law?

  • To protect victims from harm
  • To declare the offender outside the law (correct)
  • To provide a fair trial for the offender
  • To enforce government laws

What could happen to a person declared an outlaw?

  • They would be granted a fair hearing
  • They would receive legal protection
  • They could be hunted down by anyone (correct)
  • They would be imprisoned by the judge

What was the early common law's approach to restitution?

  • Focus on punishing the offender
  • Assign responsibility to society for damages
  • Make the offender restore the victim's condition (correct)
  • Impose fines paid to the government

What risk did bounty hunters face if they captured the wrong person?

<p>They could become an outlaw themselves (A)</p>
Signup and view all the answers

How did early common law differ in handling offenders compared to modern practices?

<p>It required direct compensation to the victim (C)</p>
Signup and view all the answers

Which of the following statements is TRUE about the role of judges in early common law?

<p>Judges instructed offenders to make restitution (D)</p>
Signup and view all the answers

What would happen if an outlaw did not accept the law's responsibilities?

<p>They would be treated as a wild animal (C)</p>
Signup and view all the answers

What incentivized bounty hunters to avoid mistakes in captures?

<p>They risked becoming an outlaw themselves (B)</p>
Signup and view all the answers

What could happen to a criminal who harmed someone seriously according to the discussed system?

<p>The victim could rent the criminal as a slave. (D)</p>
Signup and view all the answers

What was the wergild for the murder of a pregnant woman according to the Lex Salica?

<p>700 bezants (C)</p>
Signup and view all the answers

How was the restitution from a criminal's actions divided?

<p>50% to the victim, 50% to the government (A)</p>
Signup and view all the answers

What did the Lex Salica establish regarding the criminal's liability?

<p>The criminal's first liability was to the victim. (C)</p>
Signup and view all the answers

Which of the following was NOT mentioned as an offense in the Lex Salica?

<p>Theft of livestock (A)</p>
Signup and view all the answers

What was the equivalent modern cost for the offense of stroking a woman's hand against her will?

<p>$40,500 (C)</p>
Signup and view all the answers

Why was imprisonment considered rare in the common law systems discussed?

<p>The criminal would lose a chance to earn money for restitution. (C)</p>
Signup and view all the answers

Flashcards

Outlawry

A legal procedure in early common law where a judge declared a person outside the protection of the law, allowing anyone to hunt them down and even kill or enslave them.

Outlaw

A person who had been declared an outlaw under early common law. They were considered outside the protection of the law and could be hunted down by anyone.

Restitution

A system in early common law where a person guilty of a crime was required to make amends to the victim by restoring them to their previous condition. This could include paying for damages, lost wages, and emotional distress.

Bounty Hunter

A person who tracked down criminals in early common law. They were often hired by victims to capture and bring the offender to justice.

Signup and view all the flashcards

Wrongful Capture

The potential for a bounty hunter to mistake an innocent person for a criminal in early common law.

Signup and view all the flashcards

Appeal System

The process of appealing a decision to a higher court in early common law. This allowed individuals who disagreed with a judgment to have their case reviewed.

Signup and view all the flashcards

Debt to Society

The principle that a criminal owes a debt to society in modern courts, often leading to prison sentences.

Signup and view all the flashcards

Debt to Victim

The concept that a criminal's debt is primarily to the victim in early common law. This resulted in a focus on restitution to make the victim whole again.

Signup and view all the flashcards

Common Law

A system of law based on customs and traditions, rather than written laws.

Signup and view all the flashcards

Wergild

Payment made by a criminal to a victim or their family to compensate for a crime.

Signup and view all the flashcards

Victim-Oriented Justice

A system of law where the offender's first responsibility is to the victim.

Signup and view all the flashcards

Organized Enforcement of Common Law

A system of law enforced by specialized organizations, often organized groups like the early Irish 'insurance' system.

Signup and view all the flashcards

Slave Value based on Work Potential

The value of a criminal slave was determined by his potential economic worth.

Signup and view all the flashcards

The Importance of the Lex Salica

The Lex Salica, created around 508 A.D., included a detailed list of prices for various offenses, demonstrating how law systems were structured and enforced.

Signup and view all the flashcards

Study Notes

Enforcement of Early Common Law

  • Early common law enforcement lacked government connection, relying on different methods than modern systems.
  • Offenders could be declared outlaws if they refused restitution to victims.
  • Outlawry meant the offender was outside the law, with no protections, and anyone could harm or enslave them. This was often used as a method of deterring crime.
  • Judges encouraged restitution, with the offender responsible for restoring the victim to their previous condition (financial, emotional, physical).
  • This included compensation for damages, lost wages, court costs, and emotional distress.
  • Serious offenders could become slaves of their victim, who often sold this person.
  • There were detailed price lists for damages (wergild), as seen in the Lex Salica (Law of the Salian Franks), differentiating between various crimes. Murder had different costs depending on who was victimized, like an adult vs pregnant women.
  • Imprisonment was relatively rare in early common law systems because imprisonment didn't allow offenders to pay off debts directly to victims.
  • "Outlawry" was the chief enforcement tool of the early common law.
  • Offenders directly compensate the victim for damages.
  • Compensation was used as a key method of punishing and deterring crime.
  • Early legal systems had sophisticated restitution mechanisms.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

More Like This

Early Childhood Education Theorists
20 questions

Early Childhood Education Theorists

WellConnectedComputerArt avatar
WellConnectedComputerArt
EDU 119 Early Childhood Flashcards
25 questions
Early Modern Common Law Changes
5 questions

Early Modern Common Law Changes

GroundbreakingProtactinium9114 avatar
GroundbreakingProtactinium9114
Use Quizgecko on...
Browser
Browser