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Summary

Samenvatting Criminal Law Class 5

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Summary Criminal Law Class 5, Master Forensic Psychology, Maastricht University

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  • September 24, 2016
  • 26
  • 2015/2016
  • Summary
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Class 5: The Trial: Juries, Judges and Plea
Bargaining



Introduction

Phases
A criminal case has two phases:
1. Pre-trial phase
2. Trial phase

Terminology
 Pre-trial phase: suspect
o Related to presumption of innocence
 Trial phase: accused or defendant


1. Inquisitorial vs. Accusatorial: History
 In the early Middle Ages criminal procedure was more or less the same
throughout the whole of Western Europe
 Caught red-handed?
o Led to citizen’s arrest → ‘citizen’s assassination’
 Not caught red-handed?
o When you were not caught red-handed and didn’t confess, you could
rely on ‘oath helpers’ or ‘trial by ordeal’

Oath Helpers  If someone could convince the requisite numbers of neighbours
sufficiently of his innocence, he was acquitted.
Ordeal  God decides
 There had to be a certain event through which God could give
his ordeal.
 Water ordeal, fire ordeal, trial by combat


 In the 12th century public faith in ordeals began to collapse due to the influence
of the Church
 New approaches:
Continental  Method of fact-finding
Europe o Trusted person would hold investigation,
question witnesses, record their statements in
writing and eventually decide the matter (alone
or with others)
 = (origins of) inquisitorial system

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