star chamber proceeding

Although it was initially popular with private litigants, under the Stuarts it developed the same reputation for harsh and arbitrary proceedings as its parent Court, and during the political confusion of the 1640s it simply disappeared. Thus King Henry VII used the power of Star Chamber to break the power of the landed gentry which had been such a cause of problems in the Wars of the Roses. Star Chamber proceedings refer any judicial or quasi-judicial action, trial or hearing that violates standards of due process that a party appearing in the proceedings is denied. This derogatory term takes its name from an English court, whose members were appointed by the crown, that met in the 15th to 17th centuries One of the weapons of the Star Chamber was the ex officio oath where, because of their positions, individuals were forced to swear to answer truthfully all questions that might be asked. The first reference to the "star chamber"[b] is in 1398, as the Sterred chambre; the more common form of the name appears in 1422 as le Sterne-chamere. Another function of the Court of Star Chamber was to act like a court of equity, which could impose punishment for actions which were deemed to be morally reprehensible but were not in violation of the letter of the law. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. Star Chamber proceedings refer any judicial or quasi-judicial action, trial or hearing that violates standards of due process that a party appearing in the proceedings is denied. In a star chamber proceeding a fair hearing and justice cannot be expected. Get the USLegal Last Will Combo Legacy Package and protect your family today! The term comes from a large room with a ceiling decorated with stars in which secret hearings of the privy council and judges met to determine punishment for disobedience of the proclamations of King Henry VIII of Great Britain (1509-1547).

However, it became synonymous with social and political oppression through the arbitrary use and abuse of the power it wielded. The cases decided in those sessions enabled both the very powerful and those without power to seek redress. Blackstone mentions a reference in a document of 41. For other uses, see, "The Ceann Comhairle intervened and said the Dáil could not be used as a "star chamber" warning that people's reputations were involved and if the deputy had information he should go to the gardaí. [a]. The Star Chamber was made up of Privy Counsellors, as well as common-law judges, and it supplemented the activities of the common-law and equity courts in both civil and criminal matters.

King Charles I used the Court of Star Chamber as Parliamentary substitute during the eleven years of Personal Rule, when he ruled without a Parliament. Contrary to popular belief, the so-called "Star Chamber Act" of King Henry VII's second Parliament (1487) did not actually empower the Star Chamber, but rather created a separate tribunal distinct from the King's general Council. In a sense, the court was a court of appeal, a supervisory body, overseeing the operation of the lower courts, although it could hear cases by direct appeal as well. ", Or, rather, the first reference in the OED. Both in respect of the judges in the court and its honourable proceeding."[6].

Both forms recur throughout the fifteenth century, with Sterred Chambre last attested as appearing in the Supremacy of the Crown Act 1534 (establishing the English monarch as head of the Church in England). (n) Star chamber proceedings is used to represent proceedings in a court which violates the standards expected of such authorities and when a person appearing for a proceeding cannot expect a fair hearing and justice. Another example was the conduct of criminal proceedings against black defendants in some southern states from 1876 until the late 1960s. star chamber proceedings Definition from Nolo’s Plain-English Law Dictionary Proceedings of any court or other government body that are held in secret and produce arbitrary results. [4] However, the Oxford English Dictionary gives this etymology "no claim to consideration". For example, misuse of subpoena power in conduct of the House Un-American Activities Committee (1938-1975). This term was in use until 1290, when Edward I had all Jews expelled from England. Chrimes, Henry VII, Berkeley: University of California Press, 1972: p. 99. The defendant's answer to an indictment was not accepted unless it was signed by counsel.

[8], The Star Chamber became notorious for judgments favourable to the king. Sir Edward Coke once described Star Chamber as "The most honourable court (Our Parliament excepted) that is in the Christian world. However, this meant that the justice meted out by the Star Chamber could be very arbitrary and subjective, and it enabled the court to be used later on in its history as an instrument of oppression rather than for the purpose of justice for which it was intended. It became the chief defence of Charles against assaults upon those usurpations which cost him his life.

In a star chamber proceeding a fair hearing and justice cannot be expected. Yet, when local courts were often clogged or mismanaged, the Court of Star Chamber also became a site of remittance for the common people against the excesses of the nobility. [13], The historical abuses of the Star Chamber are considered a primary motivating force behind the protections against compelled self-incrimination embodied in the Fifth Amendment to the United States Constitution. The Court was used extensively to control Wales, after the Laws in Wales Acts 1535–1542 (sometimes referred to as the "Acts of Union"). Convenient, Affordable Legal Help - Because We Care! 18, No. In the Star Chamber the council could inflict any punishment short of death, and frequently sentenced objects of its wrath to the pillory, to whipping and to the cutting off of ears.

The Star Chamber finally summoned juries before it for verdicts disagreeable to the government, and fined and imprisoned them. [5], Initially well regarded because of its speed and flexibility, Star Chamber was regarded as one of the most just and efficient courts of the Tudor era. The Chamber itself stood until demolished in 1806, when its materials were salvaged. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. ... With each embarrassment to arbitrary power the Star Chamber became emboldened to undertake further usurpation. It imposed ruinous fines. 4 (Jul., 1913), pg. "[15], This article is about the court. n. any judicial or quasi-judicial action, trial, or hearing which so grossly violates standards of "due process" that a party appearing in the proceedings (hearing or …

The origin of the name has usually been explained as first recorded by John Stow, writing in his Survey of London (1598), who noted "this place is called the Star Chamber, at the first all the roofe thereof was decked with images of starres gilted"., Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content. The Court of Star Chamber. Judgments in Star Chamber proceedings will be high-handed, unfair, and predetermined. [12], In 2010, the press employed the term for a committee established by the Cameron ministry to plan spending cuts to reduce public debt. [14] The meaning of "compelled testimony" under the Fifth Amendment – i.e., the conditions under which a defendant is allowed to "plead the Fifth" to avoid self-incrimination – is thus often interpreted via reference to the inquisitorial methods of the Star Chamber. Although it was initially a court of appeal, King Henry, Wolsey and Cranmer encouraged plaintiffs to bring their cases directly to the Star Chamber, bypassing the lower courts entirely.

King Charles made extensive use of the Court of Star Chamber to prosecute dissenters, including the Puritans who fled to New England. Star Chamber needs further information regarding a former prison guard and the five Detective Sergeants in this section. Publication date 1963 Topics Great Britain. [3], Other etymological speculations mentioned by Blackstone on the use of star include the derivation from Old English steoran (steer) meaning "to govern"; as a court used to punish cozenage (in Latin: crimen stellionatus); or that the chamber was full of windows. Edward P. Cheyney. Court of Star Chamber. [7] As a result, newsbooks pertaining to this matter were often printed in Amsterdam and then smuggled into the country, until control of the press collapsed with the developing ideological conflict of 1640–41. 745, bring their cases directly to the Star Chamber, Fifth Amendment to the United States Constitution, "Wallace claims NAMA official sought bribe", "What can the UK learn from Canada's budget cuts? branded on both cheeks through its agency in 1637 for seditious libel.

Proceedings of any court or other government body that are held in secret and produce arbitrary results. In the late 20th century, the expression was revived in reference to ways of resolving internal high-level questions within the government, usually relating to budget appropriations. In modern American history the best example of star chamber proceedings was the conduct of the House UnAmerican Activities Committee (1938-1975) which used its subpena power to intimidate citizens by asking them unconstitutional questions about their political beliefs and associations, and then charging them with contempt of Congress for refusing to answer.

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