Assize is a term used to refer to high courts hearing serious crimes, with origins in medieval England. The system evolved into Quarter Sessions and was eliminated in the 1970s, but still exists in France. The term now refers to any type of court sitting and court decisions in some regions. It limited bias and favoritism in court and is encountered in historical novels.
An assize is a session of a court, with the term usually used to refer to the high courts hearing serious crimes. This term can be used to refer to a specific type of court and legal system that was once widely used, and also more generally to seated juries and courts, as well as orders and judgments rendered by these courts. In some regions, regulatory agencies that oversee weights and measures may also refer to their work as “assisting.”
The origins of the assize lie in medieval England when King Henry II issued a document creating a framework for trying people by jury. The assize, as the jury was known, toured England, hearing serious criminal cases and delivering verdicts. Versions of this system remained in place until the 1970s, when the Courts Act 1971 eliminated it and created the Crown Court to handle criminal matters. However, this system can still be seen in France.
The original assizes consisted of a group of landed members of the aristocracy who held commissions and moved between communities to hear cases referred to their court. Over time, the system evolved, with courts known as Quarter Sessions hearing legal matters and referring serious criminal cases to the assizes. The roaming tribunal would convene in the available facilities, hear the case and make a decision. He created the framework for legal principles seen around the world today, including the right to a jury trial and the initiation of evidentiary standards.
Today, the concept of assizes is antiquated in most regions of the world, and the term has become more generally understood to mean any type of court sitting, rather than being used specifically to discuss a roving criminal court. When courts issue decisions, these may also be referred to as assizes in some areas, depending on the legal terminology used in the region. The various ways this term is used reflect changing legal standards and practices.
People are more likely to encounter the assize in historical novels set in regions that used this justice system. An advantage of the assize was the rambling nature of the court, which limited opportunities for favoritism and bias in court, since court members usually did not know the people involved in the case and were not very familiar with the region. Today, judges and jurors should recuse themselves if they are familiar with the parties’ case, in the interest of fairness.
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