It is widely known that the historic nature of crimes was “tort”. And when something happened, and someone get hurt badly, it was the matter between an individual and another individual.
The harmed individual has the right to:
- Accuse another of what they did wrong
- Collect evidence to prove their accusations
The accused individual has the obligation to:
- Collect evidence to disprove the accusation
How do they prove themselves (I was hurt/ I didn’t do the damage?)
- Trial by ordeal (Test their physical strength)
- Trial by religious/natural occurrence (Test their mental strength)
- Sometimes, there’s also an imbalance of power. The victim themselves cannot collect all evidence (for example, those are robbed, are killed, are hurt) to take back what is lost
But it was until the 12-13 century that the State starts to take on the role of –
- investigation (to prove or disprove) (for both sides)
- accusation (and later to prosecute) (for the victim)
This has given the rise to two important bodies in the modern criminal justice system:
- The Investigator
- The Prosecutor (Or procurator in some civil law countries)
This transition is seen as an important milestone in human’s legal development and progress. This is a shift in awareness that:
- Crime is not a matter between individual. It is a matter that causes harm to the state as well. Besides, this opens the door for the State to criminalise certain behaviors, for example, tax evasion, when the individual is doing damage to not just individual but actually the State
- The State also fulfil their responsibility in maintaining the safety, order and security of the whole society. They understand that the drawbacks are looming larger and larger when letting individuals prove themselves, which sometimes, is unattainable in the the seeking of the truth, fairness, justice and the common good.
Duck Learns Law 