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Crime Justice And Discretion In England 1740 1820

Author: Peter King
Publisher: Oxford University Press on Demand
ISBN: 9780199259076
Size: 24.59 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: 22.52 MB
Format: PDF, ePub, Docs
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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.

The Machinery Of Criminal Justice

Author: Stephanos Bibas
Publisher: Oxford University Press
ISBN: 0195374681
Size: 38.38 MB
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The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.

A Companion To The History Of Crime And Criminal Justice

Author: Turner, Jo
Publisher: Policy Press
ISBN: 1447325877
Size: 39.33 MB
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Offering a succinct approach to the vocabulary and terminology of historical and contemporary approaches to crime and punishment, it includes concise but robust definitions of key terms and concepts from expert contributors in a user-friendly A-Z format with clear direction to related entries and further reading.

Police Courts In Nineteenth Century Scotland Volume 1

Author: Dr David G Barrie
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409442454
Size: 33.30 MB
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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.

Police Courts In Nineteenth Century Scotland Volume 1

Author: Professor Susan Broomhall
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472400666
Size: 37.36 MB
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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 to 1892. 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.

Unconscious Crime

Author: Joel Peter Eigen
Publisher: JHU Press
ISBN: 080188148X
Size: 55.55 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

Crime And The Courts In England 1660 1800

Author: J. M. Beattie
Publisher: Acls History E-Book Project
ISBN: 9781597404068
Size: 35.36 MB
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"ACLS Humanities E-Book presents this volume as part of its Print-on-Demand (POD) program. This program offers a wide range of titles, across the humanities, that remain essential to research, writing and teaching. These titles are among the works chose for digitization on our site in cooperation with ACLS's constituent learned societies for their continued importance to the scholarly community. Part of the original plan for ACLS Humanities E-Book was to investigate the varieties of publishing formats that could be derived from single sources for both its retrospective collection and its new XML titles. Deriving multiple formats is essential for both publishers and scholars in today's rapidly evolving scholarly communications environment, and creating a production model that takes into account the multiplicity of access possibilities and audiences is an essential task of HEB."--Back cover.

Policing And Punishment In London 1660 1750

Author: J. M. Beattie
Publisher: Oxford University Press, USA
ISBN: 0198208677
Size: 64.70 MB
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This study examines the considerable changes that took place in the criminal justice system in the City of London in the century after the Restoration, well before the inauguration of the so-called 'age of reform'. The policing institutions of the City were transformed in response to theproblems created by the rapid expansion of the metropolis during the early modern period, and as a consequence of the emergence of a polite urban culture. At the same time, the City authorities were instrumental in the establishment of new forms of punishment - particularly transportation to theAmerican colonies and confinement at hard labour - that for the first time made secondary sanctions available to the English courts for convicted felons and diminished the reliance on the terror created by capital punishment. The book investigates why in the century after 1660 the elements of analternative means of dealing with crime in urban society were emerging in policing, in the practices and procedures of prosecution, and in the establishment of new forms of punishment.

Mercy And Authority In The Tudor State

Author: K. J. Kesselring
Publisher: Cambridge University Press
ISBN: 9781139436625
Size: 73.67 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.