English Criminal Justice In The 19th Century
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| 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.
| Author | : David Bentley |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 335 |
| Release | : 1998-07-01 |
| Genre | : History |
| ISBN | : 0826442927 |
An account of the 19th-century criminal justice system as a whole, from the crimes committed and the classification of offences to the different courts and their procedure. The author describes the stages of criminal prosecution -- committal, indictment, trial, verdict and punishment -- and the judges, lawyers and juries, highlighting the significant changes in the rules of evidence during the century. He looks at 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 times.
| Author | : James Fitzjames Stephen |
| Publisher | : |
| Total Pages | : 518 |
| Release | : 1883 |
| Genre | : Criminal law |
| ISBN | : |
| Author | : Clive Emsley |
| Publisher | : Routledge |
| Total Pages | : 342 |
| Release | : 2013-09-13 |
| Genre | : History |
| ISBN | : 1317864506 |
Acknowledged as one of the best introductions to the history of crime in the eighteenth and nineteenth centuries,Crime and Society in England 1750-1900 examines thedevelopments in policing, the courts, and the penal system as England became increasingly industrialised and urbanised. The book challenges the old but still influential idea that crime can be attributed to the behaviour of a criminal class and that changes in the criminal justice system were principally the work of far-sighted, humanitarian reformers. In this fourth edition of his now classic account, Professor Emsley draws on new research that has shifted the focus from class to gender, from property crime to violent crime and towards media constructions of offenders, while still maintaining a balance with influential early work in the area. Wide-ranging and accessible, the new edition examines: the value of criminal statistics the effect that contemporary ideas about class and gender had on perceptions of criminality changes in the patterns of crime developments in policing and the spread of summary punishment the increasing formality of the courts the growth of the prison as the principal form of punishment and debates about the decline in corporal and capital punishments Thoroughly updated throughout, the fourth edition also includes, for the first time, illuminating contemporary illustrations.
| Author | : James M. Donovan |
| Publisher | : Univ of North Carolina Press |
| Total Pages | : 273 |
| Release | : 2010-02-01 |
| Genre | : Law |
| ISBN | : 0807895776 |
James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.
| Author | : Peter King |
| Publisher | : Cambridge University Press |
| Total Pages | : 380 |
| Release | : 2006-12-07 |
| Genre | : History |
| ISBN | : 9781139459495 |
How was law made in England in the eighteenth and early nineteenth centuries? Through detailed studies of what the courts actually did, Peter King argues that parliament and the Westminster courts played a less important role in the process of law making than is usually assumed. Justice was often remade from the margins by magistrates, judges and others at the local level. His book also focuses on four specific themes - gender, youth, violent crime and the attack on customary rights. In doing so it highlights a variety of important changes - the relatively lenient treatment meted out to women by the late eighteenth century, the early development of the juvenile reformatory in England before 1825, i.e. before similar changes on the continent or in America, and the growing intolerance of the courts towards everyday violence. This study is invaluable reading to anyone interested in British political and legal history.
| Author | : Ian Ward |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 160 |
| Release | : 2014-11-01 |
| Genre | : Law |
| ISBN | : 1782253696 |
The Victorians worried about many things, prominent among their worries being the 'condition' of England and the 'question' of its women. Sex, Crime and Literature in Victorian England revisits these particular anxieties, concentrating more closely upon four 'crimes' which generated especial concern amongst contemporaries: adultery, bigamy, infanticide and prostitution. Each engaged questions of sexuality and its regulation, legal, moral and cultural, for which reason each attracted the considerable interest not just of lawyers and parliamentarians, but also novelists and poets and perhaps most importantly those who, in ever-larger numbers, liked to pass their leisure hours reading about sex and crime. Alongside statutes such as the 1857 Matrimonial Causes Act and the 1864 Contagious Diseases Act, Sex, Crime and Literature in Victorian England contemplates those texts which shaped Victorian attitudes towards England's 'condition' and the 'question' of its women: the novels of Dickens, Thackeray and Eliot, the works of sensationalists such as Ellen Wood and Mary Braddon, and the poetry of Gabriel and Christina Rossetti. Sex, Crime and Literature in Victorian England is a richly contextual commentary on a critical period in the evolution of modern legal and cultural attitudes to the relation of crime, sexuality and the family.
| Author | : J. Carter Wood |
| Publisher | : Routledge |
| Total Pages | : 234 |
| Release | : 2004-07-31 |
| Genre | : Education |
| ISBN | : 1134332467 |
This book illuminates the origins and development of violence as a social issue by examining a critical period in the evolution of attitudes towards violence. It explores the meaning of violence through an accessible mixture of detailed empirical research and a broad survey of cutting-edge historical theory. The author discusses topics such as street fighting, policing, sports, community discipline and domestic violence and shows how the nineteenth century established enduring patterns in views of violence. Violence and Crime in Nineteenth-Century England will be essential reading for advanced students and researchers of modern British history, social and cultural history and criminology.
| Author | : Helen Rutherford |
| Publisher | : Routledge |
| Total Pages | : 200 |
| Release | : 2020 |
| Genre | : History |
| ISBN | : 9780429318832 |
"This edited collection offers multi-disciplinary reflections and analysis on a variety of themes centred on nineteenth century executions in the UK, many specifically related to the fundamental change in capital punishment culture as the execution moved from the public arena to behind the prison wall. By examining a period of dramatic change in punishment practice, this collection of essays provides a fresh historical perspective on nineteenth century execution culture, with a focus on Scotland, Wales and the regions of England. Public Spectacle to Hidden Ritual has two parts. Part 1 addresses the criminal body and the witnessing of executions in the nineteenth century, including studies of the execution crowd and executioners' memoirs, as well as reflections on the experience of narratives around capital punishment in museums in the present day. Part 2 explores the treatment of the execution experience in the print media, from the nineteenth and into the twentieth century. The collection draws together contributions from the fields of Heritage and Museum Studies; History; Law; Legal History and Literary Studies, to shed new light upon execution culture in nineteenth century Britain. The volume will be of interest to students and academics, in the fields of criminology; heritage and museum studies; history; law; legal history; medical humanities, and socio-legal studies"--
| Author | : David Churchill |
| Publisher | : Oxford University Press |
| Total Pages | : 307 |
| Release | : 2017 |
| Genre | : History |
| ISBN | : 0198797842 |
The history of modern crime control is usually presented as a narrative of how the state wrested control over the governance of crime from the civilian public. Most accounts trace the decline of a participatory, discretionary culture of crime control in the early modern era, and its replacement by a centralized, bureaucratic system of responding to offending. The formation of the 'new' professional police forces in the nineteenth century is central to this narrative: henceforth, it is claimed, the priorities of criminal justice were to be set by the state, as ordinary people lost what authority they had once exercised over dealing with offenders. This book challenges this established view, and presents a fundamental reinterpretation of changes to crime control in the age of the new police. It breaks new ground by providing a highly detailed, empirical analysis of everyday crime control in Victorian provincial cities - revealing the tremendous activity which ordinary people displayed in responding to crime - alongside a rich survey of police organization and policing in practice. With unique conceptual clarity, it seeks to reorient modern criminal justice history away from its established preoccupation with state systems of policing and punishment, and move towards a more nuanced analysis of the governance of crime. More widely, the book provides a unique and valuable vantage point from which to rethink the role of civil society and the state in modern governance, the nature of agency and authority in Victorian England, and the historical antecedents of pluralized modes of crime control which characterize contemporary society.
