Inquisition Process
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Inquisitions And Other Trial Procedures In The Medieval West
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Author : Henry Ansgar Kelly
language : en
Publisher: Variorum Publishing
Release Date : 2001-01-01
Inquisitions And Other Trial Procedures In The Medieval West written by Henry Ansgar Kelly and has been published by Variorum Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-01 with History categories.
Inquisition was the new form of criminal procedure that was developed by the lawyer - Pope Innocent III and given definitive form at the Fourth Lateran Council in 1215. It has since developed a notoriety which has obscured the reality of the procedure. In contrast to the old Roman system of relying on volunteer accuser-prosecutor, who would be punished in case of acquittal, the inquisitorial judge himself served as investigator, accuser, prosecutor and final judge. A probable-cause requirement and other safeguards were put in place to protect the rights of the defendant, but as time went on some of these defences were modified, abused or ignored, but in all cases appeal and redress were at least theoretically possible. Unlike continental practice, in England inquisitorial procedure was mainly limited to local church courts, while on the secular side native procedures developed, most notably the jury. Private accusers, however, were still to be seen, illustrated here in the studies on appeals of sexual rape.
Inquisition Procedure Due Process And Defendants Rights
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Author : Joanna Jill Carraway
language : en
Publisher:
Release Date : 2007
Inquisition Procedure Due Process And Defendants Rights written by Joanna Jill Carraway and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Inquisitorial procedure was designed by medieval jurists to control crime and increase the efficiency of prosecution by radically expanding the power of the criminal judge. Theoretically, inquisition procedure allowed wide authority to judges to initiate charges and to use judicial torture to compel confession. Therefore the wide-spread adoption of this procedure in criminal courts has been understood as an indicator of a decline of defendants' rights in the court. This thesis uses records from the court of the podesta at Reggio Emilia to explore the relationship between criminal legal theory and practice at the end of the fourteenth century, with an emphasis on the rights of defendants.Records of criminal trials and the practice of criminal law show that in practice and as it was carried out by the court at Reggio Emilia, inquisition procedure maintained important safeguards for defendants. This procedure followed the spirit of scholastic disputation: arguments for guilt were formulated and scrutinized, and legal exceptions and defense arguments provided counterpoints to the assertions made by the prosecution. It was the task of the criminal judge not to prosecute the accused but to determine a solution to the opposing arguments in true scholastic fashion: sic, contra, et solutio. Archival evidence indicates that judges did not have a prosecutorial role in inquisition trials at Reggio. Very few cases were actually initiated ex officio; far more commonly, local officials or private parties initiated proceedings against a defendant. Defendants strategized, often successfully, to limit the damage of conviction or to avoid it altogether. In the criminal court at Reggio Emilia, inquisitio was a tool of dispute resolution as much as it was an instrument of crime control. It was conducted according to strict procedural guidelines and contained real and effective protections for the accused.
The Roman Inquisition
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Author : Thomas F. Mayer
language : en
Publisher: University of Pennsylvania Press
Release Date : 2013-01-09
The Roman Inquisition written by Thomas F. Mayer and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-09 with History categories.
While the Spanish Inquisition has laid the greatest claim to both scholarly attention and the popular imagination, the Roman Inquisition, established in 1542 and a key instrument of papal authority, was more powerful, important, and long-lived. Founded by Paul III and originally aimed to eradicate Protestant heresy, it followed medieval antecedents but went beyond them by becoming a highly articulated centralized organ directly dependent on the pope. By the late sixteenth century the Roman Inquisition had developed its own distinctive procedures, legal process, and personnel, the congregation of cardinals and a professional staff. Its legal process grew out of the technique of inquisitio formulated by Innocent III in the early thirteenth century, it became the most precocious papal bureaucracy on the road to the first "absolutist" state. As Thomas F. Mayer demonstrates, the Inquisition underwent constant modification as it expanded. The new institution modeled its case management and other procedures on those of another medieval ancestor, the Roman supreme court, the Rota. With unparalleled attention to archival sources and detail, Mayer portrays a highly articulated corporate bureaucracy with the pope at its head. He profiles the Cardinal Inquisitors, including those who would play a major role in Galileo's trials, and details their social and geographical origins, their education, economic status, earlier careers in the Church, and networks of patronage. At the point this study ends, circa 1640, Pope Urban VIII had made the Roman Inquisition his personal instrument and dominated it to a degree none of his predecessors had approached.
Rituals Of Prosecution
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Author : Jane K. Wickersham
language : en
Publisher: University of Toronto Press
Release Date : 2012-01-01
Rituals Of Prosecution written by Jane K. Wickersham and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with History categories.
During the Counter-Reformation, inquisition manual authors working in Italian lands adapted the Catholic Church's traditional tactics of inquisitorial procedure, which had been formulated in the medieval period, to the prosecution of philo-Protestants. Through a comparison of the texts of four such authors to contemporary inquisition processes, Jane K. Wickersham situates the Roman inquisition's prosecution of philo-Protestants within the larger framework of the complex religious upheavals of the sixteenth century. Identifying the critical role played by ritual practice in discovering and prosecuting heretical subjects, Wickersham uncovers two core reasons for its use: first, as a practical means of prosecuting a variety of philo-Protestant beliefs, and second, as an approach firmly grounded within the Catholic Church's history of prosecuting heresy. Finally, Rituals of Prosecution provides an in-depth examination of the inquisitorial processes of urban residents from humble socio-economic backgrounds, providing new insight into how the prosecution of ordinary people was conducted in the early modern era.
The Inquisition Of The Middle Ages
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Author : Lea, Henry Charles
language : en
Publisher: Delmarva Publications, Inc.
Release Date : 2015-02-20
The Inquisition Of The Middle Ages written by Lea, Henry Charles and has been published by Delmarva Publications, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-20 with History categories.
This was originally published in three volumes, but is now comprised in one volume. There is a linked table of contents for each volume as well as a detailed table of contents at the beginning of each volume linked to the specific chapters in that volume. There is also a subject index at the end of the volume which is not linked, but nonetheless it gives the book and chapter in which the subject can be found, as well as the original page number of the printed edition. Henry Charles Lea's History of the Medieval Inquisition pulls from primary sources, so as to give an accurate account of the Catholic Church’s judicial system known as the Inquisition. As he explores the events of the twelfth century, which later become known as the dreaded Inquisition, he breaks the subjects down into three categories. In the first volume he looks at the medieval concepts and of the relationships between individuals and the Church. In volume two he looks at the placement of the inquisitions throughout Europe and the state of different religious conditions within the Languedoc region. He shows how that in Italy and France there was a continual resistance to the Inquisition. In the third and final volume Lea studied the impact of the Inquisition on scholarship and academic life and on faith and society as a whole. He also shows how that the belief in sorcery and witchcraft in the fourteenth and fifteenth centuries was a product of the Catholic Inquisition and how that the Church authorities were feeding its growth. Through these orders of the Franciscans and the Fraticelli they gained their prominence. Throughout these three books he deals with religious groups such as the Cathari, the Albigensian, the Hussites, as well as looking at the Albigensian Crusades, and its impact. Overview Of The Table of Contents Volume 1 Origin and Organization of the Inquisition: 1. The Church; 2. Heresy; 3. The Cathari; 4. The Albigensian Crusades; 5. Persecution; 6. The Mendicant orders; 7. The Inquisition founded; 8. Organization; 9. The Inquisitorial process; 10. Evidence; 11. The defence; 12. The sentence; 13. Confiscation; 14. The stake; Appendix. Volume 2 The Inquisition in the Several Lands of Christendom: 1. Languedoc; 2. France; 3. The Spanish peninsula; 4. Italy; 5. The Slavic Cathari; 6. Germany; 7. Bohemia; 8. The Hussites; Appendix of documents. Volume 3 Special Fields of Inquisitorial Activity: 1. The Spiritual Franciscans; 2. Guglielma and Dolcino; 3. The Fraticelli; 4. Political heresy utilized by the Church; 5. Political heresy utilized by the state; 6. Sorcery and occult arts; 7. Witchcraft; 8. Intellect and faith; 9. Conclusion; Appendix of documents; Index.
God S Jury
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Author : Cullen Murphy
language : en
Publisher: HMH
Release Date : 2012-01-17
God S Jury written by Cullen Murphy and has been published by HMH this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-17 with Religion categories.
“From Torquemada to Guantánamo and beyond, Cullen Murphy finds the ‘inquisitorial impulse’ alive, and only too well, in our world” (Jane Mayer, author of Dark Money). Established by the Catholic Church in 1231, the Inquisition continued in one form or another for almost seven hundred years. Though associated with the persecution of heretics and Jews—and with burning at the stake—its targets were more numerous, its techniques were more ambitious, and its effect on history has been greater than many understand. The Inquisition pioneered surveillance, censorship, and “scientific” interrogation. As time went on, its methods and mindset spread far beyond the Church to become tools of secular persecution. Traveling from freshly opened Vatican archives to the detention camps of Guantánamo to the filing cabinets of the Third Reich, the author of Are We Rome? “masterfully traces the social, legal and political evolution of the Inquisition and the inquisitorial process from its origins in late medieval Christian France to its eerily familiar, secular cousin in the modern world” (San Francisco Chronicle). “God’s Jury is a reminder, and we need to be constantly reminded, that the most dangerous people in the world are the righteous, and when they wield real power, look out. . . . Murphy wears his erudition lightly, writes with quiet wit, and has a delightful way of seeing the past in the present.” —Mark Bowden, author of Hue 1968 “Beautifully written, very smart, and devilishly engaging.” —The Boston Globe
L Inquisition
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Author : Célestin Douais
language : en
Publisher: Nabu Press
Release Date : 2014-01
L Inquisition written by Célestin Douais and has been published by Nabu Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01 with categories.
This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. ++++ The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to ensure edition identification: ++++ L'inquisition: Ses Origines - Sa Procedure Celestin Douais Plon-Nourrit, 1906 Inquisition
The History Of The Inquisition
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Author : Philippus van Limborch
language : en
Publisher:
Release Date : 1816
The History Of The Inquisition written by Philippus van Limborch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1816 with Church history categories.
Making Manslaughter Process Punishment And Restitution In W Rttemberg And Zurich 1376 1700
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Author : Susanne Pohl-Zucker
language : en
Publisher: BRILL
Release Date : 2017-06-06
Making Manslaughter Process Punishment And Restitution In W Rttemberg And Zurich 1376 1700 written by Susanne Pohl-Zucker and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-06 with History categories.
In Making Manslaughter, Susanne Pohl-Zucker analyses the production and application of legal categories and procedures aimed at the resolution of homicides committed during heated disputes. Parallel studies explore distinct legal practices in Württemberg and Zurich between 1376 and 1700.
The Criminal Process In The Renaissance
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Author : John H. Langbein
language : en
Publisher:
Release Date : 1971
The Criminal Process In The Renaissance written by John H. Langbein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Criminal procedure categories.