Whatever Happened to Justice Ch 6

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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?

They could become an outlaw themselves Signup and view all the answers

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

It required direct compensation to the victim Signup and view all the answers

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

Judges instructed offenders to make restitution Signup and view all the answers

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

They would be treated as a wild animal Signup and view all the answers

What incentivized bounty hunters to avoid mistakes in captures?

They risked becoming an outlaw themselves Signup and view all the answers

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

The victim could rent the criminal as a slave. Signup and view all the answers

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

700 bezants Signup and view all the answers

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

50% to the victim, 50% to the government Signup and view all the answers

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

The criminal's first liability was to the victim. Signup and view all the answers

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

Theft of livestock Signup and view all the answers

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

$40,500 Signup and view all the answers

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

The criminal would lose a chance to earn money for restitution. Signup and view all the answers

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.

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Description

This quiz explores the methods of enforcing early common law, which relied less on government intervention and more on restitution and outlawry. Learn about the consequences for offenders, the concept of wergild, and how the Lex Salica played a role in determining compensation for crimes. Discover the implications of these early practices on modern legal systems.