Reply To: The 18th century judicial process

Home / Forums / Author Forums / Ariel Lawhon / The Frozen River / The 18th century judicial process / Reply To: The 18th century judicial process

January 18, 2025 at 10:32 am #33104

What surprised me most about the legal system is the number of judges who are untrained and not lawyers. “Most of these judges rule by common sense, but some by partiality.” Also, how “the court meets simply to ascertain the validity of the accusation and to set formal charges for a future trial, should one be required.” But, then the case is passed on to a higher court, again to determine if charges will be filed for a future trial in another higher court. It is no wonder than Rebecca doesn’t show up for the trial. The brevity of the jury’s (all men) deliberation is also surprising and the case going “to the jury without a preponderance of evidence.” Every man tried for rape was acquitted and a woman was fined into poverty for spreading lies about a judge’s daughter. In today’s world, there would have definitely been more investigation. The jury would not be all male and the case would not be passed from court to higher court to determine if there would be a trial. Lawyers or a grand jury would determine if the case should go to trial. So, I do think that Rebecca’s story would have been received differently today’s courtroom.

avataravataravataravataravataravatar