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Crime Justice and Discretion in England 1740 1820

Crime  Justice  and Discretion in England  1740 1820 Author Peter King
ISBN-10 0199259070
Release 2003
Pages 383
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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.



Crime and the Courts in England 1660 1800

Crime and the Courts in England  1660 1800 Author J. M. Beattie
ISBN-10 1597404063
Release 2008-11
Pages 663
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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.



A History of Criminal Justice in England and Wales

A History of Criminal Justice in England and Wales Author John Hostettler
ISBN-10 9781906534790
Release 2009-01-12
Pages 352
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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.



Policing

Policing Author Philip Rawlings
ISBN-10 9781903240274
Release 2002
Pages 274
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This book provides an overview of the history of policing in the UK. Its primary aim is to investigate the shifting nature of policing over time, and to provide a historical foundation to today's debates. Policing: a short history moves away from a focus on the origins of the 'new police', and concentrates rather on broader (but much neglected) patterns of policing. How was there a shift from communal responsibility to policing? What has been expected of the police by the public and vice versa? How have the police come to dominate modern thinking on policing? The book shows how policing - in the sense of crime control and order maintenance - has come to be seen as the work which the police do, even though the bulk of policing is undertaken by people and organisations other than the police. This book will be essential reading for anybody interested in the history of policing, on how differing perceptions emerged on the function of policing on the part of the public, the state and the police, and in today's intense debates on what the police do.



Police Courts in Nineteenth Century Scotland Volume 1

Police Courts in Nineteenth Century Scotland  Volume 1 Author David G. Barrie
ISBN-10 9781317079262
Release 2016-04-22
Pages 534
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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.



Law Crime and English Society 1660 1830

Law  Crime and English Society  1660   1830 Author Norma Landau
ISBN-10 1139433261
Release 2002-10-17
Pages
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This book examines how the law was made, defined, administered, and used in eighteenth-century England. A team of leading international historians explore the ways in which legal concerns and procedures came to permeate society and reflect on eighteenth-century concepts of corruption, oppression, and institutional efficiency. These themes are pursued throughout in a broad range of contributions which include studies of magistrates and courts; the forcible enlistment of soldiers and sailors; the eighteenth-century 'bloody code'; the making of law basic to nineteenth-century social reform; the populace's extension of law's arena to newspapers; theologians' use of assumptions basic to English law; Lord Chief Justice Mansfield's concept of the liberty intrinsic to England; and Blackstone's concept of the framework of English law. The result is an invaluable account of the legal bases of eighteenth-century society which is essential reading for historians at all levels.



Print Culture Crime and Justice in 18th Century London

Print Culture  Crime and Justice in 18th Century London Author Richard M. Ward
ISBN-10 9781472507112
Release 2014-08-28
Pages 256
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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.



The Machinery of Criminal Justice

The Machinery of Criminal Justice Author Stephanos Bibas
ISBN-10 9780190236762
Release 2012-02-28
Pages 320
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Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.



Crime Courtrooms and the Public Sphere in Britain 1700 1850

Crime  Courtrooms and the Public Sphere in Britain  1700 1850 Author David Lemmings
ISBN-10 9781317157960
Release 2016-05-13
Pages 248
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Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular participation to the much more orderly and professional legal proceedings typical of the nineteenth century, and links this with another important shift, the mushroom growth of popular news and comment about trials and punishments which occurred from the later seventeenth century. It hypothesizes that the popular participation which had been a feature of courtroom proceedings before the mid-eighteenth century was not stifled by ’lawyerization’, but rather partly relocated to the ’public sphere’ of the press, partly because of some changes connected with the work of the lawyers. Ranging from the early 1700s to the mid-nineteenth century, and taking account of criminal justice proceedings in Scotland, as well as England, the essays consider whether pamphlets, newspapers, ballads and crime fiction provided material for critical perceptions of criminal justice proceedings, or alternatively helped to convey the official ’majesty’ intended to legitimize the law. In so doing the volume opens up fascinating vistas upon the cultural history of Britain’s legal system over the ’long eighteenth century'.



Punishing the Criminal Corpse 1700 1840

Punishing the Criminal Corpse  1700 1840 Author Peter King
ISBN-10 9781137513618
Release 2017-11-06
Pages 212
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This book is open access under a CC BY 4.0 licence. This book analyses the different types of post-execution punishments and other aggravated execution practices, the reasons why they were advocated, and the decision, enshrined in the Murder Act of 1752, to make two post-execution punishments, dissection and gibbeting, an integral part of sentences for murder. It traces the origins of the Act, and then explores the ways in which Act was actually put into practice. After identifying the dominance of penal dissection throughout the period, it looks at the abandonment of burning at the stake in the 1790s, the rapid decline of hanging in chains just after 1800, and the final abandonment of both dissection and gibbeting in 1832 and 1834. It concludes that the Act, by creating differentiation in levels of penalty, played an important role within the broader capital punishment system well into the nineteenth century. While eighteenth- and early nineteenth-century historians have extensively studied the ‘Bloody Code’ and the resulting interactions around the ‘Hanging Tree’, they have largely ignored an important dimension of the capital punishment system – the courts extensive use of aggravated and post-execution punishments. With this book, Peter King aims to rectify this neglected historical phenomenon.



Crime and Social Change in Middle England

Crime and Social Change in Middle England Author Evi Girling
ISBN-10 9781134671755
Release 2005-06-23
Pages 232
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Crime and Social Change in Middle England offers a new way of looking at contemporary debates on the fear of crime. Using observation, interviews and documentary analysis it traces the reactions of citizens of one very ordinary town to events, conflicts and controversies around such topical subjects of criminological investigation as youth, public order, drugs, policing and home security in their community. In doing so it moves in place from comfortable suburbs to hard pressed inner city estates, from the affluent to the impoverished, from old people watching the town where they grew up change around them to young in-comers who are part of that change. This is a book which will give all students of crime a rare and fascinating insight into how issues at the heart of contemporary law and order politics both nationally and internationally actually play out on the ground.



Police Courts in Nineteenth Century Scotland Volume 1

Police Courts in Nineteenth Century Scotland  Volume 1 Author Dr David G Barrie
ISBN-10 9781409442455
Release 2014-12-28
Pages 538
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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.



Understanding Social Control

Understanding Social Control Author Innes, Martin
ISBN-10 0335209408
Release 2003-12-01
Pages 176
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This book investigates how the concept of social control has been used to capture the ways in which individuals, communities and societies respond to a variety of forms of deviant behaviour. In so doing, the book demonstrates how an appreciation of the meanings of the concept of social control is vital to understanding the dynamics and trajectories of social order in contemporary late-modern societies.



The Oxford Handbook of Gender Sex and Crime

The Oxford Handbook of Gender  Sex  and Crime Author Rosemary Gartner
ISBN-10 9780199397297
Release 2014-05-14
Pages 768
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Research on gender, sex, and crime today remains focused on topics that have been a mainstay of the field for several decades, but it has also recently expanded to include studies from a variety of disciplines, a growing number of countries, and on a wider range of crimes. The Oxford Handbook of Gender, Sex, and Crime reflects this growing diversity and provides authoritative overviews of current research and theory on how gender and sex shape crime and criminal justice responses to it. The editors, Rosemary Gartner and Bill McCarthy, have assembled a diverse cast of criminologists, historians, legal scholars, psychologists, and sociologists from a number of countries to discuss key concepts and debates central to the field. The Handbook includes examinations of the historical and contemporary patterns of women's and men's involvement in crime; as well as biological, psychological, and social science perspectives on gender, sex, and criminal activity. Several essays discuss the ways in which sex and gender influence legal and popular reactions to crime. An important theme throughout The Handbook is the intersection of sex and gender with ethnicity, class, age, peer groups, and community as influences on crime and justice. Individual chapters investigate both conventional topics - such as domestic abuse and sexual violence - and topics that have only recently drawn the attention of scholars - such as human trafficking, honor killing, gender violence during war, state rape, and genocide. The Oxford Handbook of Gender, Sex, and Crime offers an unparalleled and comprehensive view of the connections among gender, sex, and crime in the United States and in many other countries. Its insights illuminate both traditional areas of study in the field and pathways for developing cutting-edge research questions.



The Royal Pardon

The Royal Pardon Author Helen Lacey
ISBN-10 190315328X
Release 2009
Pages 260
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Pioneering investigation of the royal pardon, looking at the wider implications it held beyond the purely legal.



Preventive Justice

Preventive Justice Author Andrew Ashworth
ISBN-10 9780191021053
Release 2014-03-27
Pages 310
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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'.



Law and Government in England during the Long Eighteenth Century

Law and Government in England during the Long Eighteenth Century Author D. Lemmings
ISBN-10 9780230354401
Release 2011-10-28
Pages 269
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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.