Oyer and terminer, originating from the Old French words "oyer" (to hear) and "terminer" (to terminate or determine), is a legal term that refers to a specialized court with jurisdiction over serious criminal cases, particularly those involving capital offenses. Historically, a commission of oyer and terminer was established by the English crown to address cases that surpassed the authority of ordinary courts.
The primary function of an oyer and terminer court was to hear and determine the cases, thereby providing justice for the most heinous crimes, such as murder, treason, and other grave felonies. Typically, these courts were composed of high-ranking judges, including members of the nobility or prominent figures within the legal profession.
The proceedings of an oyer and terminer court followed a specific legal process. The court would convene to hear the indictment against the accused and the evidence presented by the prosecution. After assessing the evidence, the judges would deliberate and reach a verdict. If the accused was found guilty, the court would pronounce the sentence, which often led to the imposition of severe punishments, including the death penalty.
Over time, the use of oyer and terminer courts declined, and their jurisdiction was gradually incorporated into the regular criminal justice system. However, remnants of this term can still be found in some legal systems, either as an archaic term or as a vestige within historical legal documentation.
