TIL in 1818, an Englishman accused of murder demanded a trial by combat. Surprisingly, the law that allowed for trial by combat was still valid, and the man was acquitted when his accuser declined the offer of battle. Trial by combat was abolished the following year.

    • Transporter Room 3@startrek.website
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      5 months ago

      Well if you know your choices are “definitely go to prison for something you didn’t do and either die in prison or come out a completely different person, out of time.” or “trial by combat, maybe death, maybe freedom” I know which one I would choose.

      Especially if I know my accuser knows they’re lying and it’s not just a misunderstanding.

      • then_three_more@lemmy.world
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        4 months ago

        England had the death penalty only abolished for murder in 1969.

        So the options would have been, maybe get convicted of something you didn’t do and be hanged, or trial by combat so you have some agency in the whole either death or freedom thing I guess.

  • atomicorange@lemmy.world
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    5 months ago

    Reading the article, it looks like the accused was originally acquitted in a jury trial, but the victim’s brother appealed and so they were going to try him again. At that point he asked for the trial by combat. I’m glad they just dropped it, sounds like the case was pretty flimsy.

    • FireTower@lemmy.world
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      4 months ago

      We’ve also got the right not to be tried twice for the same offense which could of saved him from resorting to trial by combat.

  • delirious_owl
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    4 months ago

    Who does he combat? The dead man or the judge or the prosecution or the bereaved?

    • Longpork3@lemmy.nz
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      4 months ago

      No, much like the ‘trial by ordeal’, in more religious times it was believed that god(s) would grant favour to those who were truly righteous and/or innocent, allowing them to survive an ordeal or win a fight.

      It was effectively a verdict rendered by god, rather than the courts.

  • delirious_owl
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    4 months ago

    This is why I set fire to, and then put the fire out, at least one catholic church every year.