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Does Trial by Combat Exist in the Modern World?

Updated May 16, 2024
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Fans of Game of Thrones and other knightly epics will probably love learning this little-known fact: The United States technically allows trial by combat. For those not into medieval lore, such a trial involves two parties -- one who claims injury and one who allegedly caused it -- who meet on a field of battle with weapons and face off. In what was essentially a judicially-sanctioned duel, the winner was declared to be in the right.

Although trial by combat has never officially been abolished in the United States, it isn't used as a method to settle disputes. However, that's not to say that a few creative-thinking individuals haven't tried. According to criminal defense attorney Jason Swindle, a man in Kansas requested a trial by combat as recently as 2020. Writing in Georgia's Newnan Times-Herald, Swindle said he was mostly glad such trials no longer exist. "But, when I hear about all of the personal insults, extremely rude and arrogant behavior, and blistering attacks made by politicians (and other people) against one another and third parties, I wonder if some of these folks would sharpen their manners if they lived in the 1800s," he wrote.

It's the law...really:

  • It's illegal to whisper in church in Rehoboth, Delaware, where doing so is considered a breach of peaceful worship.

  • Chicken must be finger-licking good in Gainesville, Georgia, where it is illegal to eat it with a knife and fork.

  • Anyone riding a horse under the influence of alcohol can be arrested in Colorado.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By anon1004438 — On Feb 10, 2021

I like that his name is Swindle. It's odd how many times the names fit the news they're a part of, or the profession they chose.

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