Legal Developments and Use of Torture Flashcards
(37 cards)
What legal system replaced the old accusatorial system in Europe?
The inquisitorial approach
This was due to concerns over rising crime.
How did the inquisitorial system affect the powers of judges?
It concentrated powers in the hands of individual judges.
What was the role of judges in the inquisitorial system?
Judges had to investigate the crime through interrogation and witness evidence.
What impact did the inquisitorial system have on the standards of proof in witchcraft cases?
It demanded higher standards of proof, which created problems as proof was often lacking.
What tool became important for judges to convict in witchcraft cases?
Confession.
What right did courts gain as a result of the inquisitorial system?
The right to torture.
What was the consequence of using torture during witch trials?
It led to mass panics and escalated hunts beyond usual accusations.
In which historical contexts was torture predominantly used?
During the English civil war and the Holy Roman Empire during the 30 Years War.
How did national courts compare to regional courts in their prosecution rates?
National courts were less severe in their prosecution rates than regional courts.
What was the English legal system’s method for determining innocence and guilt?
The use of juries.
What system did Westminster trained judges use to travel around the country?
The assize system.
How did the English legal system ensure justice was delivered without bias?
Judges were not involved in local affairs and could not judge in their own areas.
What type of crime was witchcraft treated as in English courts?
A felony (secular crime).
What was banned in the English legal system that reduced the likelihood of confession?
The use of torture.
What role did religious reformers play in the legal system regarding witchcraft?
They used the legal powers of the state to help purify society.
What was the impact of secular courts on witchcraft cases in Europe?
Secular courts took over witch cases from ecclesiastical courts, leading to increased prosecutions.
What was a common consequence of the laws passed against witchcraft in European countries?
They authorized the death penalty for witches who harmed people by magic or sorcery.
In which countries did ecclesiastical courts remain strong?
Spain, Portugal, and Italy.
What was the impact of the Carolina Code in 1532 on witch hunts?
It stated that justice was a local matter.
What was the consequence of the loose application of the Carolina Code?
Extensive use of torture.
What were some methods of torture used in witch trials?
Strappado, sleeplessness, thumb/head/leg screws.
What was the effect of torture in regions like Trier?
One witch denounced an average of 20 more individuals.
What significant decline in witch trials occurred due to restrictions on torture?
Persecutions declined significantly when torture was restricted by the papacy in 1623.
What was the conviction rate for witchcraft in England compared to the inquisitorial system?
The conviction rate in England was much lower (40%).
