English Criminal Justice in the 19th Century

English Criminal Justice in the 19th Century
Author: David Bentley
Publisher: A&C Black
Total Pages: 335
Release: 1998-01-01
Genre: Law
ISBN: 185285135X

While it is easy to assume that the system of criminal justice in nineteenth-century England was not unlike the modern one, in many ways it was very different, particularly before the series of Victorian reforms that gradually codified a system dependent on judge-made precedent. In the first half of the century capital cases often tried almost summarily, with the accused not being adequately represented and without a system of appeal. There were also fundamental differences in procedure and in the rules of evidence, as indeed there were in attitudes towards crime and criminals. David Bentley has provided an account of the nineteenth-century criminal justice system as a whole, from the crimes committed and the classification of offences to the different courts and their procedure. He describes the stages of criminal prosecution -- committal, indictment, trial, verdict and punishment -- and the judges, lawyers and juries, highlighting significant changes in the rules of evidence during the century. He looks at the reform of the old system and assesses how far it was brought about by lawyers themselves and how far by external forces. Finally, he considers the fairness of the system, both as seen by contemporaries and in modern terms.

Nineteenth-Century Crime and Punishment

Nineteenth-Century Crime and Punishment
Author: Victor Bailey
Publisher: Routledge
Total Pages: 355
Release: 2021-07-25
Genre: History
ISBN: 0429995687

This four volume collection looks at the essential issues concerning crime and punishment in the long nineteenth-century. Through the presentation of primary source documents, it explores the development of a modern pattern of crime and a modern system of penal policy and practice, illustrating the shift from eighteenth century patterns of crime (including the clash between rural custom and law) and punishment (unsystematic, selective, public, and body-centred) to nineteenth century patterns of crime (urban, increasing, and a metaphor for social instability and moral decay, before a remarkable late-century crime decline) and punishment (reform-minded, soul-centred, penetrative, uniform and private in application). The first two volumes focus on crime itself and illustrate the role of the criminal courts, the rise and fall of crime, the causes of crime as understood by contemporary investigators, the police ways of ‘knowing the criminal,’ the role of ‘moral panics,’ and the definition of the ‘criminal classes’ and ‘habitual offenders’. The final two volumes explore means of punishment and look at the shift from public and bodily punishments to transportation, the rise of the penitentiary, the convict prison system, and the late-century decline in the prison population and loss of faith in the prison.

Crime in England 1815-1880

Crime in England 1815-1880
Author: Helen Johnston
Publisher: Routledge
Total Pages: 207
Release: 2015-03-03
Genre: Social Science
ISBN: 1317669339

Crime in England, 1815-1880 provides a unique insight into views on crime and criminality and the operation of the criminal justice system in England from the early to the late nineteenth century. This book examines the perceived problem and causes of crime, views about offenders and the consequences of these views for the treatment of offenders in the criminal justice system. The book explores the perceived causes of criminality, as well as concerns about particular groups of offenders, such as the 'criminal classes' and the 'habitual offender', the female offender and the juvenile criminal. It also considers the development of policing, the systems of capital punishment and the transportation of offenders overseas, as well as the evolution of both local and convict prison systems. The discussion primarily investigates those who were drawn into the criminal justice system and the attitudes towards and mechanisms to address crime and offenders. The book draws together original research by the author to locate these broader developments and provides detailed case studies illuminating the lives of those who experienced the criminal justice system and how these changes were experienced in provincial England. With an emphasis on the penal system and case studies on offenders' lives and on provincial criminal justice, this book will be useful to academics and students interested in criminal justice, history and penology, as well as being of interest to the general reader.

Nineteenth-century Crime: Prevention and Punishment

Nineteenth-century Crime: Prevention and Punishment
Author: John Jacob Tobias
Publisher: Newton Abbot [Eng.] : David & Charles
Total Pages: 192
Release: 1972
Genre: Political Science
ISBN:

"Crime is an important and persistent theme in the social history of the nineteenth century, always in the public eye and a source of controversy, yet even today lacking an objective literature. Dr Tobias approaches his subject through a wide selection of contemporary documents. After a general introduction, the first section shows that the people of the nineteenth century were as familiar as we are with the social causes of crime. The second gives descriptions of the criminals, their methods of work and the places in which they lived, some from criminals themselves; the third section presents some statistics of nineteenth-century crime with contemporary discussion of the problems of enumeration in this field. The fourth describes the changing policing systems of the era; the fifth portrays the debate about the penal theory and the actual penal practices of the century. Dr Tobias has succeeded in blending the less well-known with the familiar in selecting his extracts. Each document is accompanied by linking paragraphs and full bibliographical notes"--dust jacket

Crime and Empire 1840 - 1940

Crime and Empire 1840 - 1940
Author: Barry Godfrey
Publisher: Routledge
Total Pages: 279
Release: 2013-06-17
Genre: Social Science
ISBN: 1134009380

This book is a major contribution to the comparative histories of crime and criminal justice, focusing on the legal regimes of the British empire during the nineteenth and early twentieth centuries. Its overarching theme is the transformation and convergence of criminal justice systems during a period that saw a broad shift from legal pluralism to the hegemony of state law in the European world and beyond.

Studies of French Criminals of the Nineteenth Century

Studies of French Criminals of the Nineteenth Century
Author: H. B. Irving
Publisher: Createspace Independent Publishing Platform
Total Pages: 364
Release: 2016-05-18
Genre:
ISBN: 9781533347046

THE study of our great neighbor's rats and ferrets; in other words, of her criminals and police, has long been a favorite one with English writers. Not, as Mr. Irving justly observes, because French crimes are more atrocious than those of other nations, but because their criminal procedure gives to a great trial a dramatic and fascinating interest which our methods in England do not allow. But while the author has traversed a somewhat well-worn road and tells of trials, some of which have been described in a recent work, his narrative is so well written as to justify the book. We feel in reading his account of a series of great crimes and their unraveling that Mr. Irving is telling us just what we wanted to learn. At the same time it may be well to say that this sort of book, while interesting and sometimes fascinating reading, does no more to advance the scientific study of crime than well-written reports of remarkable trials. They are evidence, and are so far valuable, but for a summing-up of such cases, and for deductions which may lead to reform in crude criminal methods and the ultimate elimination of crime, as distinct from disease, we shall have to look elsewhere. Mr. Irving remarks that the study of criminal anthropology has attained considerable dimensions on the Continent but he considers the results to have been disappointing, the attempt to connect criminals with savages having broken down, and he quotes the observation of Mr. Goldwin Smith that the persistent criminal has his status in nature and society as an organism to whom altruistic pleasure simply does not appeal. We cannot admit that the scientific study of the criminal has failed, rather it has only just begun. As to the imaginary status of the evil-doer in nature and society, nature and society are more strongly differentiated than Mr. Irving seems to imagine. The tiger must be indifferent to suffering, to live; the pike must be voracious to exist; the parasite will prey, by very instinct, upon the creature in which it has its habitation; but man is a family, living by ideals as well as instincts. To apply to him the laws that govern the lower animals and the unconscious world, is unsound, because they have largely ceased to operate on him. The nature of the human race is to be unnatural, if one may venture to employ that misused term; the whole of civilization is of course artificial, and neither the laws nor the instincts which fashion and guide the animal kingdoms have unrestricted application in the world of men. The question to be considered is what are the ways of human nature; how far are men and women prone to evil, and how much of it is forced unwillingly upon them either by twists of temperament or by bad social conditions? We agree that the root of all real crime is selfishness, indifference to the sufferings of others; insensibility to the feelings of surrounding life. And Mr. Irving gives us a glimpse of an ideally bad sample of humanity in his opening chapter. This interesting specimen was Lacenaire; a man of considerable capacity although apparently wanting in balance and application, for he tried his hand at several sorts of employment but stuck to none of them. And going through the other cases in the book we find much evidence of that subtle "something wrong" which might explain and may excuse so much. Campi, the double murderer, hides his head like an ostrich in the bedclothes to avoid arrest; Troppmann writes to the wife of one of his victims that he had given her husband the great sum of £20,000, which from a young man of his class was surely not a probable event. Euphrasie Mercier lived with two mad sisters and an insane brother-a truly ghastly household-for these she worked and strove and ultimately committed murder; who knows her responsibility? -Saturday Review of Politics, Literature, Science and Art, Vol. 92

Policing and Punishment in Nineteenth Century Britain

Policing and Punishment in Nineteenth Century Britain
Author: Victor Bailey
Publisher: Routledge
Total Pages: 251
Release: 2015-08-20
Genre: History
ISBN: 1317374894

In the years between 1750 and 1868, English criminal justice underwent significant changes. The two most crucial developments were the gradual establishment of an organised, regular police, and the emergence of new secondary punishments, following the restriction in the scope of the death penalty. In place of an ill-paid parish constabulary, functioning largely through a system of rewards and common informers, professional police institutions were given the task of executing a speedy and systematic enforcement of the criminal law. In lieu of the severe and capriciously-administered capital laws, a penalty structure based on a proportionality between the gravity of crimes and the severity of punishments was erected as arguably a more effective deterrent of crime. This book, first published in 1981, examines the impact of these two important developments and casts new light on the way in which law enforcement evolved during the nineteenth century. This title will be of interest to students of history and criminology.

Violence and Crime in Nineteenth-century England

Violence and Crime in Nineteenth-century England
Author: John Carter Wood
Publisher: Psychology Press
Total Pages: 234
Release: 2004
Genre: Crime
ISBN: 9780415329057

Combining a vivid analysis of criminal records and public debate with theories from cultural studies, anthropology and social geography, this book contributes to current debates in history, criminology and violence studies.