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Cruel Trilemma
The ''ex officio'' oath developed in the first half of the 17th century (1600 to 1650), and was used as a form of coercion, persecution, and forcible self-incrimination in the religious trials of that era. It took the form of a religious oath made by the accused prior to questioning by the Star Chamber, to answer truthfully all questions that might be asked. It gave rise to what became known as the cruel trilemma where the accused would find themselves trapped between a breach of religious oath (taken extremely seriously in that era, a mortal sin, and perjury), contempt of court for silence, or self-incrimination. The name derives from the questioner putting the accused on oath ''ex officio'', meaning by virtue of his office or position. Outcry against this practice (particularly in the trials of John Lilburne ("Freeborn John") around 1630–1649) led to the establishment of the right to not incriminate oneself in common law. This was the direct precursor of similar rights in mode ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-incrimination
In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another ersonin a criminal prosecution or the danger thereof". (Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person). In many legal systems, accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. There are 108 countries and jurisdictions that currently issue legal warnings to suspects, which include the right to remain silent and the right to legal counsel. These laws are not uniform across the world; however, members of the European Union have developed their laws around the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts Body Of Liberties
The Massachusetts Body of Liberties was the first legal code established in New England, compiled by Puritan minister Nathaniel Ward. The laws were established by the Massachusetts General Court in 1641. The Body of Liberties begins by establishing the exclusive right of the General Court to legislate and dictate the "Countenance of Authority". In 1684, King Charles II revoked the Body of Liberties and reinstated English law over the Commonwealth. King James II established the Massachusetts Colony, and the Body of Liberties took effect and remained so until it was replaced by the 1691 Provincial Charter.Encyclopedia of American civil liberties, Volume 1, Ed. Paul Finkelman, entry written by Sherrow Pinder, CRC Press, 2006, , page 979. Though towns such as Dedham and Watertown had already established them, the Body of Liberties recognized boards of selectmen for the first time. Rights acknowledged The Body of Liberties was one of the earliest protections of individual rights i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counter-Reformation
The Counter-Reformation (), also called the Catholic Reformation () or the Catholic Revival, was the period of Catholic resurgence that was initiated in response to the Protestant Reformation. It began with the Council of Trent (1545–1563) and largely ended with the conclusion of the European wars of religion in 1648. Initiated to address the effects of the Protestant Reformation, the Counter-Reformation was a comprehensive effort composed of apologetic and polemical documents and ecclesiastical configuration as decreed by the Council of Trent. The last of these included the efforts of Imperial Diets of the Holy Roman Empire, heresy trials and the Inquisition, anti-corruption efforts, spiritual movements, and the founding of new religious orders. Such policies had long-lasting effects in European history with exiles of Protestants continuing until the 1781 Patent of Toleration, although smaller expulsions took place in the 19th century. Such reforms included the foundation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek / grc, κανών, Arabic / , Hebrew / , 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hale Commission
The Hale Commission was established by the Commonwealth of England on 30 January 1652 and led by Matthew Hale (jurist), Sir Matthew Hale to investigate law reform. Consisting of eight lawyers and thirteen laymen, the Commission met approximately three times a week and proposed changes as radical (at the time) as reducing the use of the death penalty, allowing witnesses, legal aid and lawyers for defendants in criminal cases and creating County Courts and a Court of Appeal for criminal cases. Though the Commission was unsuccessful at passing any of its measures under the Rump Parliament, two of its measures were put into law by the subsequent Barebone's Parliament, and, by the middle of the 20th century, most of the others were as well. Debate has occurred over the effectiveness and strife within the Commission between its more moderate and radical members; the general conclusion is that with the sheer volume of work produced and the vast proportion of moderate to radical members, it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Silence In England And Wales
The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person being spoken to is under suspicion of having committed one or more criminal offences and consequently thus potentially being subject to criminal proceedings. History In England and Wales, the right of suspects to refuse to answer questions during their actual trial (the "right to silence", or the right to remain silent as it is now known) was well established at common law from the 17th century. The defendant was considered "incompetent" to give evidence and attempts to force defendants to provide answers, such as the efforts of the Star Chamber, were judged unlawful. Being unable to speak at their own trial, the practice of defendants giving an unsworn statement was introduced and was recognised in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
History Of Human Rights
While belief in the sanctity of human life has ancient precedents in many religions of the world, the foundations of modern human rights began during the era of renaissance humanism in the early modern period. The European wars of religion and the civil wars of seventeenth-century Kingdom of England gave rise to the philosophy of liberalism and belief in Natural and legal rights, natural rights became a central concern of European intellectual culture during the eighteenth-century Age of Enlightenment. Ideas of natural rights, which had a basis in natural law, lay at the core of the American Revolution, American and French Revolutions which occurred toward the end of that century, but the idea of human rights came about later. Democratic evolution through the nineteenth century paved the way for the advent of universal suffrage in the twentieth century. Two world wars led to the creation of the Universal Declaration of Human Rights. The post-war era saw movements arising from speci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inquisition
The Inquisition was a group of institutions within the Catholic Church whose aim was to combat heresy, conducting trials of suspected heretics. Studies of the records have found that the overwhelming majority of sentences consisted of penances, but convictions of unrepentant heresy were handed over to the secular courts, which generally resulted in execution or life imprisonment. The Inquisition had its start in the 12th-century Kingdom of France, with the aim of combating religious deviation (e.g. apostasy or heresy), particularly among the Cathars and the Waldensians. The inquisitorial courts from this time until the mid-15th century are together known as the Medieval Inquisition. Other groups investigated during the Medieval Inquisition, which primarily took place in France and Italy, include the Spiritual Franciscans, the Hussites, and the Beguines. Beginning in the 1250s, inquisitors were generally chosen from members of the Dominican Order, replacing the earlier practice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ecclesiastical Law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek / grc, κανών, Arabic / , Hebrew / , 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the English ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miranda V
Miranda may refer to: Law * ''Miranda v. Arizona'', an American legal case * Miranda warning, ''Miranda'' warning, an American police warning given to suspects about their rights, before they are interrogated Places Australia * Miranda, New South Wales * Miranda railway station, New South Wales Portugal * Miranda do Corvo, a ''município'' in Coimbra District, Centro * Miranda do Douro (parish), a ''freguesia'' in Bragança District, Norte * Miranda do Douro, a ''município'' in Bragança District, Norte * Terra de Miranda, a plateau in Bragança District, Norte Spain * Miranda (Avilés), a parish of Avilés, Asturias * Belmonte de Miranda, Asturias * Miranda de Arga, Navarre * Miranda de Ebro, Castile and Leon * , in Los Rábanos, in the Province of Soria, Castile and Leon * Miranda del Castañar, in the Province of Salamanca, Castile and Leon United States * Miranda, California * Miranda, South Dakota Venezuela * Miranda (state) * Francisco de Miranda Municipality, Anzoáteg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus Act 1640
The Habeas Corpus Act 1640 (16 Car 1 c 10) was an Act of the Parliament of England. The Act was passed by the Long Parliament shortly after the impeachment and execution of Thomas Wentworth, 1st Earl of Strafford in 1641 and before the English Civil War. It abolished the Star Chamber. It also declared that anyone imprisoned by order of the king, privy council, or any councillor could apply for a writ of habeas corpus, required that all returns to the writ "certify the true cause" of imprisonment, and clarified that the Court of Common Pleas also had jurisdiction to issue the writ in such cases (prior to which it was argued that only the King's Bench could issue the writ). The writ was amended by the Habeas Corpus Act 1679. The words of commencement were repealed by section 1 of, and Schedule 1 to, the Statute Law Revision Act 1948. The whole Act, so far as not otherwise repealed, was repealed in England by section 8(2) of, and Part I of Schedule 5 to, the Justices of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
