Evolution of the Judicial System.

Explain the transition from the accusatory to the inquisitorial procedure. Why did late medieval officials see the inquisitorial procedure as a more rational and reliable approach to the judicial process?

The accusatory method was popular in the high Middle Ages. During that time, governments did not have adequate resources for investigation. Thus, governments relied on trial by ordeal which was a physical test meant to prove innocence. Trial by ordeal was used to determine the truth between two people. An example of trial by ordeal was a dual. Other times, the one trying to prove his innocence was supposed to hold a hot piece of coal. If the persons' wounds healed normally he or she was considered innocent. Also, this system only came into effect if there was a level playing field, the two parties needed to be equal in status. The inquisitorial method was a more effective method where the state was in control. The fourth Lateral Council of 1215 outlawed the trial by ordeal, it was considered blasphemy. The idea of calling upon God with every question and problem was now seen as blasphemy. Since the trial by ordeal was removed a new way of determining guilt was introduced, namely torture. This new system was more reliable and rational because it was run by the state. God did not play a role in determining guilt. In addition, the inquisitorial method involved thorough questioning. Torture was used to make the prisoner talk. With the inquisitorial method, a judicial system was born in Europe.