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					          Today’s Lecture:




          The Trial and The Jury




Session


 2
              The Trial of Jesus – Discussion


1. Caveat
   -- treating this as an historical/political narrative, not as a
   religious text
   -- consider the professor agnostic about all forms of
   metaphysics
   -- we are interested in politics and trials, not religion
   -- if you have a problem with this story, just consider it
   hypothetical.
                  The Trial of Jesus – Discussion


 “Anthropologic Story”

      -- excerpts from ancient writings.
            (compare, evidence for Socrates).
      -- the story consists of excerpts (a compilation) from
      Matthew, Mark and John
      -- seem to suggest that a public commotion and a trial of
      some sort took place




1/24/2011                   Copyright, Sean Wilson. 2007.         3
                                  Question:
                What is happening that is
                causing a commotion in
                        the city?




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What is causing the
                      0
  commotion?
                      0
                      0
                Trial of Jesus – the Discussion


 “dangerous ideas”
      • criticizing the local authority structure
      • proclaiming himself to be the authority structure




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               Trial of Jesus – the Discussion


 intellectual disruption
      • give up wealth and do not seek it
      • ignore the law (punishment of prostitutes, etc.)
      • redefining the concept of God from one of judgment (fire
      and brimstone) to one of love.

                                                           Question:
                                                What makes these ideas
                                                   so threatening?
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What makes these
    ideas so       0
  threatening?     0
                   0
                 Trial of Jesus – the Discussion


  intellectual disruption
        -- Example: the impact upon Roman culture
        -- replaced the state as the center of Roman life
What Christianity did to the Roman Empire

Historians have suggested that Christianity helped collapse the Roman
Empire because Christian teachings made the state no longer the most
important thing in Roman lives. The most important thing is living for
heaven and treating others with kindness. Turn the cheek and be kind to
neighbors. How can you be a Roman and believe this? (The suggestion
is that this change in intellectualism was transformative upon
superstitious culture).
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                 Trial of Jesus – the Discussion


 conceptualizing the disruption
      -- he has “a following” that is getting larger
       -- consider how the police state operated back then
            (No tear gas, no guns, no riot gear)
       civil disobedience was not an institutionalized phenomenon
            (People didn’t protest to make a statement; when mobs
            gathered, it was generally for destruction or overthrow)
            (Mobs were dangerous to the police state)


1/24/2011                    Copyright, Sean Wilson. 2007.        10
             Trial of Jesus – the Discussion


  the religious holiday (Passover)
-- tremendous amount of people entering the city


                                        Question:
                     What is the straw that breaks the
                 camel’s back? What event causes the
                  local authorities to believe they must
                    take action against the character?


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What makes these
    ideas so       0
  threatening?     0
                   0
             Trial of Jesus – the Discussion


  the religious holiday (Passover)
-- mob violence during Passover (physically attacking
commercial vendors)
-- keep in mind that this is not undertaken as “crime.” It is not
done with the notion “I stole something” or “I vandalized while
you were not looking”
-- it is done under the assumption that ultimate truth requires it.
It uses an assumption of legitimacy



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             Trial of Jesus – the Discussion


  the religious holiday (Passover)



                                   Question:
                           How do the local
                      authorities initially desire
                       to handle the problem?




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What makes these
    ideas so       0
  threatening?     0
                   0
                 Trial of Jesus – the Discussion


      the religious holiday (Passover)
    -- Handle it like the mafia does … “whack” the character

From the Gospel of Mark

“And the scribes and the chief priests … sought how they might destroy
him: for they feared him, because all the people was astonished at his
doctrine.”

“… the chief priests and the scribes sought how they might take him by
craft, and put him to death.”


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             Trial of Jesus – the Discussion


  the religious holiday (Passover)



                                   Question:
                       So why didn’t they just
                       bury him in the desert?




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             Trial of Jesus – the Discussion


  the religious holiday (Passover)
-- they feared the mobs at Passover

 A TRIAL!                                  Question:
                                 So what was their
                                     solution?

                                                 Question:
                                    Why? Why was that
                                    better than just killing
                                             him?
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              Trial of Jesus – the Discussion


   the religious holiday (Passover)
-- the trial can take life, liberty and property LEGITIMATELY.
You can kill people legitimately with this public ritual.
-- our first major lesson of the year:

The purpose of the trial is so that the legitimate authority
structure – “the state” – can take away life, liberty and
property. That is what these contests do. That is what they
are for.


 1/24/2011                Copyright, Sean Wilson. 2007.          19
(From past
             0
questions)
             0
             0
The Trial of Jesus – Trial Procedure




                              Question:
                        What is the method of
                            the trial? What
                        procedure does it use?
           The Trial of Jesus – Trial Procedure


1. First step:
    Arrested and taken before the high priest
   Religion and Government are intertwined
    Method of “trial” at this stage is: INQUISITION

   Trial by inquisition:
    1. authoritarian(s) examine you
    2. no right to silence
    3. sometimes accompanied by beating/torture
    4. always secures some form of information
        -- even lies can be beneficial
          The Trial of Jesus – Trial Procedure


        (mention movie: Unforgiven, Gene Hackman)
2. Defendant loses this portion of the trial.

              Question:
     Does the defendant pass
     or fail this portion of the
                 trial?

                                                Question:
                                     What is the next step in
                                       the trial process?
           The Trial of Jesus – Trial Procedure


        (mention movie: Unforgiven, Gene Hackman)
2. Defendant loses this portion of the trial.
3. Handed over to a Roman officer who will conduct his own
“trial”
    -- trial by inquisition
    -- this time, a Roman authority presides over the
    questioning
                                           Question:
                                     What method of trial
                                    procedure is used this
                                           time?
           The Trial of Jesus – Trial Procedure


        (mention movie: Unforgiven, Gene Hackman)
2. Defendant loses this portion of the trial.
3. Handed over to a Roman officer who will conduct his own
“trial”
    -- trial by inquisition
    -- this time, a Roman authority presides over the
    questioning
    -- Defendant prevails. Pilot can find nothing worthy of death.
    (punishment is flogging).                Question:
                                      Does the defendant win
                                        or lose this time?
           The Trial of Jesus – Trial Procedure


        (mention movie: Unforgiven, Gene Hackman)
2. Defendant loses this portion of the trial.
3. Handed over to a Roman officer who will conduct his own
“trial”
    -- trial by inquisition
    -- this time, a Roman authority presides over the
    questioning
    -- Defendant prevails. Pilot can find nothing worthy of death.
    (punishment is flogging).
                                                Question:
  “Attitudinalism”                               Why?
         The Trial of Jesus – Trial Procedure



                                                illustration

“National”
Authority
Structure
                                       Local Authority
                                       Structure


                                  One trial method;
                                 Two different results
         The Trial of Jesus – Trial Procedure



                                                illustration




Secure
                                      Threatened



                                  One trial method;
                                 Two different results
 “Attitudinalism”
(From past
             0
questions)
             0
             0
          The Trial of Jesus – Trial Procedure


4. Pilot’s problem
   -- the local authorities try to convince him how dangerous
   the defendant is
   -- Pilot’s solution:
       put him with another prisoner, and let the crowd decide
       which to save (a Holiday gift from the Romans)
       (metaphor: let the jury decide?)
   -- the verdict goes against Jesus.
                                              Question:
                                          Was the defendant
                                               guilty?
             The Trial of Jesus – Trial Procedure



                                                    illustration
   Some examples:
    Conceptualizing
    guilt.
   O.J.               Format of guilt:     Function of guilt:
   Jesus
                       De Jure Guilty      De Facto Guilty
           Facts:      (guilty according   -            -
                       to the ritual)      (guilty in reality)
                       Mala in Prohibita   Mala in Se
           Law:        (wrong because      (it is inherently
                       it is prohibited)   wrong)
Time
                  Grace Sherwood


1. Who was she?
2. How do you receive an allegation of witchcraft?
   -- acting suspiciously
   -- someone miscarried a baby after talking to her, etc.
                     Grace Sherwood


3. Trial by dunking (initially)
    -- “cross tie” the big toes and the thumbs
    -- throw her in water
    -- sinking was good for the verdict; bad for the health
    -- floating was good for the health, bad for the verdict



                                           Question:
          Question:
 How do you win or lose           What is the method of the
                                   trial used in this case?
      the case?
     Question:
But what is a critical
    difference?


                                Question:
                         What are the similarities
                         between these two cases
                          (Jesus and Witch trials)?
  (From past
  questions)
                   0
                   0
Compare\Contrast
  the two trials   0
                   Grace Sherwood


2. Similarities
    -- both involve allegations of metaphysics
    -- both threaten the community in important ways
                  Grace Sherwood


3. Important difference
   -- only one threatened the ruling establishment
   -- the other merely spooked the town at night (made it
   difficult to sleep)

          Question:
   Why not use the same
    method of trial used
    before (inquisition)?
                     0
                     0
 Why not use the
same trial method?   0
                   Grace Sherwood


   … this was much more of a metaphysical problem than a
   political one.
   -- required its own (specialized) ritual?
4. next stage:
   Professional inspection of the anatomy
   -- locals apparently didn’t like what they saw
                                               Question:
                                    What is the next stage of
                                         the process?
                   Grace Sherwood


   … this was much more of a metaphysical problem than a
   political one.
   -- required its own (specialized) ritual?
4. next stage:
   Professional inspection of the anatomy
   -- locals apparently didn’t like what they saw
                                               Question:
   The Trial as Ritual
                                     What is the point of all
                                    this? Why am I showing
                                           you this?
                   The Trial as Ritual


historical forms of the ritual
   • Dunking
       (witch trials)
   • Battle
   • Endurance
   • Lot
       (remember the novel, The Lottery?)
   • Inquisition
                   The Trial as Ritual


basic idea
-- summon the ritual (social practice) to take life, liberty and
property
-- success in the ritual is what allows this. It’s what the ritual is
for
-- if life, liberty or property is taken through some other means,
it is illegitimate. But through the ritual of the trial the taking is
now “sanctified.”
                 The Trial as Ritual


ritualistic components today

 costumes
   • Judges wear dark robes
   • Judge has a gavel
   (England = wear wigs).
                 The Trial as Ritual


ritualistic components today

 atmosphere
   • swear on the Bible or on your honor


                                 Question:
                        What does that accomplish
                        socially? (Surely there is no
                                science to it)
                 The Trial as Ritual


ritualistic components today

 atmosphere
   • swear on the Bible or on your honor
   • stand when the judge enters and sit when the trial begins.
   • be well dressed.
   • chant when the judge arrives … “Oyez oyez”
                    For Trial as Ritual
West Virginia RulesThe Trial Courts

3.02 Opening Court
 ritualistic components today
When the judge enters the room for the purpose of opening court, the
sheriff, deputy, or designated bailiff shall say in a distinct voice:
    atmosphere
"Silence, all present will arise. The Judge of the _______ Court of
      • swear on
_______ County." the Bible or on your honor
     • stand when the judge enters and sit when the trial begins.
Then the sheriff, deputy, or designated bailiff shall make the following
      • be well dressed.
proclamation: "Oyez! Oyez! Oyez! Silence is now commanded under
pain of fine and imprisonment, while the Honorable Judge
      • chant when the judge arrives … “Oyez oyez”
_______________ of the ____________ Court of ____________
County, is sitting. All persons having motions to make, pleadings to
enter or actions to prosecute come forward and they shall be heard.
God save the State of West Virginia and this Honorable Court.“
                    For Trial as Ritual
West Virginia RulesThe Trial Courts

3.02 Opening Court Answer:
 ritualistic components today
            It’s enters seems for the
When the judgenaturethe room to be purpose of opening court, the
    atmosphereor designated purpose
sheriff, metaphysical. But it’sbailiff shall say in a distinct voice:
         deputy,
"Silence, all present will arise. The Judge of the _______ Court of
       seems to be something political
      • swear on
_______ County." the Bible or on your honor
        and social. Getting the right
                                                           trial begins.
     • stand when the judge enters and sit when thethe following
Then the sheriff, attitude frame.
                  deputy, or designated bailiff shall make
      • be well dressed.
proclamation: "Oyez! Oyez! Oyez! Silence is now commanded under
                                         Question:
pain of fine and imprisonment, while the Honorable Judge
                               How is … “Oyez oyez”
      • chant when the judge arrivesthis Court of ____________
_______________ of the ____________ different from a
                           blessing given at to make, pleadings
County, is sitting. All persons having motionsChurch? What is to
enter or actions to prosecute come forward and they shall be heard.
                                    it that this DOES?
God save the State of West Virginia and this Honorable Court.“
                 The Trial as Ritual


ritualistic components today

 so what?

                                   Question:
                       If the trial process is ritualistic,
                        should that trouble us? What
                           does it matter if it is true?

              Question:
 Is the trial process we have today
     designed to get at the truth?
(From past
questions)
             0
             0
             0

				
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