early juries перевод

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early juries перевод

A jury is a body of lay men and women randomly selected to determine facts and to provide a decision in a legal proceeding. Such a body traditionally consists of 12 people and is called a petit jury or trial jury.

The exact origin of the jury system is not known; various sources have attributed it to different European peoples who at an early period developed similar methods of trial. The jury is probably of Frankish origin, beginning with inquisition, which had an accusatory and interrogatory function. Trial by jury was brought to England by the Normans in 1066.

In medieval Europe, trials were usually decided by ordeals, in which it was believed God intervened, revealing the wrongdoer and upholding the righteous. In the ordeal by water, for instance, a priest-admonished the water not to accept a liar. The person whose oath was being tested was then thrown in. If he floated, his oath was deemed to have been perjured. If he was telling the truth, he might drown but his innocence was clear.

In 1215, however, the Catholic Church decided that trial by ordeal was superstition, and priests were forbidden to take part. As a result, f\ new method of trial was needed, and the jury system emerged.

At first the jury was made up of local people who could be expected to know the defendant. A jury was convened only to "say the truth" on the basis of its knowledge of local affairs. The word verdict reflects this early function; the Latin word from which it is derived, veredictum, means "truly said".

In the 14th century the role of the jury finally became that of judgment of evidence. By the 15th century trial by jury became the dominant mode of resolving a legal issue. It was not until centuries later that the jury assumed its modern role of deciding facts on the sole basis of what is heard in court

Присяжные - тело(орган), кладут мужчин и женщин, беспорядочно отобранных, чтобы определить факты и обеспечивать решение в процессуальных действиях. Такое тело(орган) традиционно состоит из 12 человек и называется малым жюри присяжных или составом присяжных.

Точное происхождение системы присяжных не известно; различные источники приписали это различным европейским народам, которые в ранний период развивали подобные методы судебного разбирательства.

 


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