Questão 38 - FGV-SP Administração - UNIFICADO 2025/1

Texto para a pergunta.

 

TRIAL BY JURY

 

[1]    One institution of government that many people will take part in at some time is the jury trial. It's a system with sources in medieval England, especially in actions by King Henry II, who ruled from 1154 to 1189. To settle disputes over land and inheritance, Henry introduced the practice of "assizes." Twelve local men with knowledge of the dispute would be called to testify as to who was the rightful owner or heir. They differed from a modern jury in that they were expected to arrive in court already knowing the facts of the case, instead of having evidence of the two sides presented to them there.

 

[2]    In Henry's time, people suspected of crimes (often punishable by death) were subjected to trial by ordeal [julgamento por meio de provações]. In one variety, a priest would be summoned to bless a pond [lagoinha] or river, and the accused would be thrown in. If he or she floated, guilt would be assumed, since the blessed water had "rejected" them. In 1215 the Catholic Church forbade clergymen [membros do clero] to assist in trial by ordeal. The decision delegitimized the procedure, which rested on an assumption that God protected the innocent. So the assize panels were adapted to serve as something more like modern juries - bodies that decide guilt and innocence, and by the 15^th century they were more commonly hearing evidence presented to them in court rather than working entirely on the basis of their own information about the case. Though the right to a jury trial is guaranteed in the U.S. Constitution, juries have become less common in the land of their birth. In England, both civil and criminal cases are now more likely to be tried before judges alone.

Adapted from 100 Ideas That Changed The World, published by Time.

With respect to "trial by ordeal", as described in the article, you can most logically conclude that