English Legal History and its Materials

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ProcedureofStarChamber 7 - 20 Jan 2015 - Main.MichaelCoburn
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Procedure
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 Punishment in canon law was very similar to Star Chamber. Like Star Chamber, the were no clear limitations on what punishments for certain crimes were expected to be and canon judges were given wide latitude and flexibility in ensuring that the punishment fit the crime. [Brundage 155] Like Star Chamber, punishment in canon law consisted usually of a mix of fines, imprisonment and some form of public humiliation. [Brundage 152]. In addition, acts penance such as pilgrimage were often seen as an important component of a sentence which was not the case in Star Chamber. [Brundage 152] Also like Star Chamber, canon law courts were forbidden from issuing the death sentence but unlike the Chamber the canon law courts were also forbidden from branding, ear cutting or the pillory. [Brundage 152]
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<		In many ways the procedure of the Star Chamber can be seen as a hybrid of the common law and civil law systems that sought to achieve the speed, efficiency and relative simplicity of roman law procedure with many of the due process protections of the common law. The Chamber, however, failed to live up to this goal.
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>		In many ways the procedure of the Star Chamber can be seen as a hybrid of the common law and civil law systems that sought to achieve the speed, efficiency and relative simplicity of roman law procedure with many of the due process protections of the common law. The Chamber, however, failed to live up to this ideal.
 Criticism
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 Wikipedia Plans
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<		Below is the draft of what I was planning to add to the Star Chamber wiki page in the "Under the Plantagenets and Tudors" section. In addition I want to delete the claims in the wiki that the Star Chamber sessions were held in secret without witnesses which I don't believe is true:
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>		Below is a summary of what I added to the Star Chamber Wikipedia page:
 
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<		Defendants were summoned before the Star Chamber under a Writ of Subpoena. The examination of witnesses were conducted in secret by court appointed examiners and all evidence collected was presented before the court in writing. [Cheyney 737-8]
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>		Intro
 
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<		Defendants were given notice of the evidence impeaching them and had the opportunity to be represented by a lawyer and respond to those charges against them. Trials were held in public, and verdicts were reached by judges not juries. [Cheyney 737-8]
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>		Court sessions were held in public although witnesses and defendants were examined in secret. [Cheyney 738] Defendants were given prior notice of the charges against them and had the right to be represented by an attorney. [Cheyney 737-739]
 
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<		Despite it later reputation, Star Chamber was regarded as one of the most just and efficient courts of the Tudor era. Lord Coke once described Star Chamber as "The most honourable court (Our Parliament excepted)that is in the Christian world. Both in respect of the judges in the court and its honourable proceeding." [Cheyney 745]
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>		Under the Plantagenet and Tudors

[Initially well regarded because of its speed and flexibility,] Star Chamber was regarded as one of the most just and efficient courts of the Tudor era. Lord Coke once described Star Chamber as "The most honourable court (Our Parliament excepted)that is in the Christian world. Both in respect of the judges in the court and its honourable proceeding." [Cheyney 745]

Also deleted references that the court sessions were held in secret which I don't believe is true.

 

References


Revision 7r7 - 20 Jan 2015 - 00:09:59 - MichaelCoburn
Revision 6r6 - 17 Jan 2015 - 22:43:04 - MichaelCoburn
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