In the middle ages there was no organized court. Woe to the criminals, if they were guilty or not. The rulers of the different countries decided who was right and who was wrong, without much information and the perpetrator wasn't allowed to tell his story.
A true story goes that a girl from good standing,
out buying food, was grabbed by a policeman in London. A different girl had just stolen a loaf of bread to feed her hungry family. This innocent girl was arrested. Nobody would listen to her pleadings.
Between 1788 and 1868 about 162000 so called convicts were transported to British penal colonies. They did this, because the prisons were overcrowded. They also sent convicts to America in the early 17th century. This ended with the revolution. Back to Australia, In 1770 James Cook claimed possession of the east coast of Australia. In 1778 the 1st fleet of 11 convict ships sailed for Botany Bay, arriving on 20th January 1778. Sydney was founded. Other colonies were later settled in Tasmania, Queensland and Victoria.
Many convicts were transported for petty crimes and their experiences in these ships were atrocious. They were chained, living in sewage and vomit from seasickness. The air was stale and the food near inedible. The stench was overpowering. Mothers tried to placate their babies and feed them. Many of the convicts died in these ships and was thrown over board.
Those who lived came to a wilderness they had to tame and set up house themselves. The girl who was innocently arrested was to experience this. She lived through it and met a kindly man, who married her and she bore 4 children. Her husband built a timber house with a little piece of land to farm. Others were not so lucky as they starved to death and killed by the numerous venomous snakes and poisonous spiders for which Australia is well known for. As they lived in their hut, raising children, her husband built a kyak for fishing.
Unfortunately her husband died of pneumonia, leaving her to fend for herself and 4 children. This was a very bad situation, as some of the guilty convicts were really uncivilized and cruel. In the mean time, she lost two of her children and was nearly raped. She yearned to be back I her England at started to make plans. The only way out was by kayak. For her to manage that was nothing short of a miracle.
At night, not to be seen by those in authority, she stored food i every nook and cranny. She also built sails from rags and the wood found there. She was absolutely sure to be successful. She managed to have glimpses of maps to plan her course. One night, taking care not to be spotted, she took her 2 remaining children and dragged her sails to the kayak. She made a covered space as to stay cool and for protection from the sun. Whether the authorities saw her, we don't know, it being an impossible task, they didn't bother to follow.
She experienced many challenges and often felt like giving up. One night during an angry storm, one child fell overboard, never to be seen again. Against all odds she managed to get to Indonesia, where she could rest and adjust her plans She stocked up as well. On her way once again, she lost her last child to a fever. She was devastated but carried on until she got her miracle, seeing the coast of England. She went back home just to find that her aunt was deceased, leaving her entire estate to this woman who was innocently given the harshest of sentences. She never married again or had children. She spent her time helping the needy and working in her community. What an amazing, strong and determined woman.
Looking back at the lack of justice of those days, the king, chieftain or emperor, settled arguments and decided what was good or bad for everyone. They watched out that the law was obeyed. Having a king, chieftain or any other kind of ruler, decided that everything was simple. It was not always fair, actually it was often unfair as the poor lady who was innocent.
Even the best king couldn't listen to everyone's problems. It would have been difficult for him to understand the needs of all his people even if he could have listened. Many leaders were corrupt as well. Murderers and rapists always got a death sentence, but were they guilty?
Today, in many countries a jury decides what is fair and right. The names of all kinds of people, store clerks, office workers, repairmen, milk men, schoolteacher etc, are chosen to be on a jury. Arrested people stand a better chance now that the perpetrator will be sentenced. Fingerprints, DNA and sketches prove invaluable. Mistakes are still prevalent and sometimes lives are ruined by flaws in the justice system.
Sources : Own content, excerpts from Wikipedia and Britannica encyclopedia, Google Images.