In 1820, there
were 160 offences in England with the death penalty, including
stealing from a dwelling house to the value of 40s., stealing from
a shop to a value of 5s., and stealing anything privily from the
person. The penalty for treason was still drawing and quartering.
It was a privilege of the peerage to be immune from any punishment
upon a first conviction of felony. As of 1823, church courts could
no longer decide cases of perjury; as of 1855, no cases of
defamation, but only church matters. Hearsay rules and exceptions
were developed in the 1800s. In 1816, jurors were to have no
knowledge except the evidence accepted at court. In 1837, counsel
for a person indicted for high treason could examine and cross-
examine witnesses. In 1839, a defendant could see the written
record of evidence against him. In 1898, the accused was allowed
to give evidence. Pleaders do not have to specify the form of
action relied on, but rather give facts which give rise to a cause
of action.
Judicial procedure includes grand juries, which hear evidence,
court transcript by court stenographers, discovery, depositions,
and presumption of innocence (after Salem witch trials in the
United States). The United States changed judicial procedure in
several respects: parties were allowed to testify, writ pleading
was abandoned, and prisons were used for reforming prisoners.
Debtors prisons were abolished.
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