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Crime Justice And Discretion In England 1740 1820

Author: Peter King
Publisher: Oxford University Press on Demand
ISBN: 9780199259076
Size: 61.96 MB
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The criminal law has often been seen as central to the rule of the eighteenth-century landed elite in England. This book presents a detailed analysis of the judicial processs - of victims' reactions, pretrial practices, policing, magistrates hearings, trials, sentencing, pardoning and punishment - using property offenders as its main focus. The period 1740-1820 - the final era before the coming of the new police and the repeal of the capital code - emerges as the great age of discretionary justice, and the book explores the impact of the vast discretionary powers held by many social groups. It reassesses both the relationship between crime rates and the economic deprivation, and the many ways that vulnerability to prosecution varied widely across the lifecycle, in the light of the highly selective nature of pretrial negotiations. More centrally, by asking at every stage - who used the law, for what purposes, in whose interests and with what social effects - it opens up anumber of new perspectives on the role of the law in eighteenth-century social relations. The law emerges as less the instrument of particular elite groups and more as an arena of struggle, of negotiation, and of compromise. Its rituals were less controllable and its merciful moments less manageable and less exclusively available to the gentry elite than has been previously suggested. Justice was vulnerable to power, but was also mobilised to constrain it. Despite the key functions that thepropertied fulfilled, courtroom crowds, the counter-theatre of the condemned, and the decisions of the victims from a very wide range of backgrounds had a role to play, and the criteria on which decisions were based were shaped as much by the broad and more humane discourse which Fielding called the 'good mind' as by the instrumental needs of the propertied elites.

A History Of Criminal Justice In England And Wales

Author: John Hostettler
Publisher: Waterside Press
ISBN: 1906534799
Size: 66.42 MB
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"An ideal introduction to the rich history of criminal justice charting all its main developments from the dooms of Anglo-Saxon times to the rise of the Common Law, struggles for political, legislative and judicial ascendency and the formation of the innovative Criminal Justice System of today."-back cover.

Police Courts In Nineteenth Century Scotland Volume 1

Author: David G. Barrie
Publisher: Routledge
ISBN: 1317079264
Size: 35.61 MB
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Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, with the subtitle Boundaries, Behaviours and Bodies, explores, through themed case studies, how police courts shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures.

Print Culture Crime And Justice In 18th Century London

Author: Richard M. Ward
Publisher: Bloomsbury Publishing
ISBN: 1472507118
Size: 77.82 MB
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In the first half of the 18th century there was an explosion in the volume and variety of crime literature published in London. This was a 'golden age of writing about crime', when the older genres of criminal biographies, social policy pamphlets and 'last-dying speeches' were joined by a raft of new publications, including newspapers, periodicals, graphic prints, the Old Bailey Proceedings and the Ordinary's Account of malefactors executed at Tyburn. By the early 18th century propertied Londoners read a wider array of printed texts and images about criminal offenders – highwaymen, housebreakers, murderers, pickpockets and the like – than ever before or since. Print Culture, Crime and Justice in 18th-Century London provides the first detailed study of crime reporting across this range of publications to explore the influence of print upon contemporary perceptions of crime and upon the making of the law and its administration in the metropolis. This historical perspective helps us to rethink the relationship between media, the public sphere and criminal justice policy in the present.

Police Courts In Nineteenth Century Scotland Volume 1

Author: Dr David G Barrie
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409442454
Size: 44.16 MB
Format: PDF
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Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into summary justice in Scottish towns, c.1800 to1892. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles.

Law And Government In England During The Long Eighteenth Century

Author: D. Lemmings
Publisher: Springer
ISBN: 0230354408
Size: 28.82 MB
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Over the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.

Preventive Justice

Author: Andrew Ashworth
Publisher: OUP Oxford
ISBN: 0191021059
Size: 33.54 MB
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This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Unconscious Crime

Author: Joel Peter Eigen
Publisher: JHU Press
ISBN: 080188148X
Size: 25.61 MB
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A sleepwalking, homicidal nursemaid; a "morally vacant" juvenile poisoner; a man driven to arson by a "lesion of the will"; an articulate and poised man on trial for assault who, while conducting his own defense, undergoes a profound personality change and becomes a wild and delusional "alter." These people are not characters from a mystery novelist's vivid imagination, but rather defendants who were tried at the Old Bailey, London's central criminal court, in the mid-nineteenth century. In Unconscious Crime, Joel Peter Eigen explores these and other cases in which defendants did not conform to any of the Victorian legal system's existing definitions of insanity yet displayed convincing evidence of mental aberration. Instead, they were—or claimed to be—"missing," "absent," or "unconscious": lucid, though unaware of their actions. Based on extensive research in the Old Bailey Sessions Papers (verbatim courtroom narratives taken down in shorthand during the trial and sold on the street the following day), Eigen's book reveals a growing estrangement between law and medicine over the legal concept of the Person as a rational and purposeful actor with a clear understanding of consequences. The McNaughtan Rules of l843 had formalized the Victorian insanity plea, guiding the courts in cases of alleged delusion and derangement. But as Eigen makes clear in the cases he discovered, even though defense attorneys attempted to broaden the definition of insanity to include mental absence, the courts and physicians who testified as experts were wary of these novel challenges to the idea of human agency and responsibility. Combining the colorful intrigue of courtroom drama and the keen insights of social history, Unconscious Crime depicts Victorian England's legal and medical cultures confronting a new understanding of human behavior, and provocatively suggests these trials represent the earliest incarnation of double consciousness and multiple personality disorder. -- Richard Moran, Mount Holyoke College, author of Executioner's Current: Thomas Edison, George Westinghouse, and the Invention of the Electric Chair

Essays In The History Of Canadian Law

Author: George Blaine Baker
Publisher: University of Toronto Press
ISBN: 1442670061
Size: 62.97 MB
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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Mercy And Authority In The Tudor State

Author: K. J. Kesselring
Publisher: Cambridge University Press
ISBN: 9781139436625
Size: 49.26 MB
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Using a wide range of legal, administrative and literary sources, this study explores the role of the royal pardon in the exercise and experience of authority in Tudor England. It examines such abstract intangibles as power, legitimacy, and the state by looking at concrete life-and-death decisions of the Tudor monarchs. Drawing upon the historiographies of law and society, political culture and state formation, mercy is used as a lens through which to examine the nature and limits of participation in the early modern polity. Contemporaries deemed mercy as both a prerogative and duty of the ruler. Public expectations of mercy imposed restraints on the sovereign's exercise of power. Yet the discretionary uses of punishment and mercy worked in tandem to mediate social relations of power in ways that most often favoured the growth of the state.