PART B: Topic 2 (The Criminal Trial)

What key developments shaped the evolution of the criminal trial?

Changes in guilt determination, adversarial process, and error correction.

How did the role of lawyers change in criminal trials?

Lawyers became central to the adversarial system, enhancing fairness.

What was the significance of the jury in the criminal trial?

It replaced divine judgment with community-based decision-making.

What does procedural fairness in criminal trials ensure?

Protection of the accused and prevention of wrongful convictions.

How did the standard of proof evolve in criminal trials?

It shifted from belief to proof beyond reasonable doubt.

What was the impact of the Fourth Lateran Council on trials?

It removed trial by ordeal as a method of determining guilt.

What led to the establishment of the Court of Criminal Appeal?

Pressure from miscarriages of justice and the need for legal review.

How did the adversarial nature of trials affect the legal process?

It formalized evidence and procedure, increasing complexity.

What were the historical limitations on defense counsel?

Initially, no defense counsel was allowed in felony trials.

What role did public legitimacy play in the evolution of trials?

It pressured reforms to ensure fairness and reduce miscarriages.

What characterized the transition from medieval to modern trials?

A shift from arbitrary methods to structured, rights-oriented processes.

What was the consequence of the collapse of confidence in jury verdicts?

It led to the development of criminal appeals for error correction.