This is a question that could easily be debated in either direction depending on how one looks at it. This paper will be focusing on the British Justice in the early modern period that would appear to show favor with the criminal. In order to make such determination, one must delve into the both sides of the system and see which weighs heaviest on the scales.
In some ways the system appears very similar to today’s idea of innocent until proven guilty; even if in fact that’s not what it was. One of the most important facts of early British justice system is that a victim who wanted the criminal who wronged him charged or convicted was expected to pay for the expenses and even possibly have to find and provide the evidence or proof himself. Meaning that all responsibility to prosecute a criminal resided with the victim who was also frequently the prosecutor and it was on the victim’s shoulders to file charges with the resident judge/magistrate and his burden to present the evidence. (Herrup 26, 88-89) The victim of course did not have to prosecute if he did not choose to; it was up to his discretion. (Taylor 109-110) The victim did have some options; a constable would in fact collect evidence for the prosecution/victim if he would be reimbursed for his time and expenditures. A constable usually only acted when called upon because they were unpaid and usually had another fulltime job to consider.(Gaskill chapter 7) There are exceptions to this, for example, a constable could receive rewards for captured criminals.
One must also consider that almost all the constable’s powers were derivative; because of this it was a bit more difficult to handle crimes where there was no real victim; which is in favor of the criminal( Crime and ...
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... Crime and Society in England 1750-1900. 4th Edition. Harlow: Longman, 2010.
Gaskill, Malcolm. Crime and Mentalities in Early Modern England. Paperback Edition. Cambridge: Cambridge University Press, 2002.
Godfrey, Barry and Paul Lawrence. Crime and Justice 1750-1950. Cullompton, UK: William Publishing, 2005.
Herrup, Cynthia. The Common Peace: Participation and the Criminal Law in Seventeenth-Century England. Paperback Edition. Cambridge: Cambridge University Press, 1989.
Mclynn, Frank. Crime & Punishment: In Eighteenth-Century England. London: Routledge, 1989.
Taylor, David. Crime, Policing and Punishment in England, 1750-1914. New York: Palgrave Macmillian, 1998.
Sharpe, J.A. Judicial Punishment in England. London: Faber and Faber, 1990.
Sharpe, J.A. Crime in Early Modern Europe 1550-1750. 2nd Edition. Essex: Pearson Education Limited, 1999.
This account of Mary Brown provides historians with insight into the social and legal practices of the 18th century. This case identifies the social unrest and anxiety regarding the popularity of theft, and in this case shoplifting. This case reiterates this units themes, including, the gendering of crime. London society believed shoplifter most often to be women. The Old Bailey records, reaffirm the notion of gendered crime, and that women were more often than men accused and convicted of shoplifting. However,
Crimes was mostly committed by the lower class, the ones who were poor and unable to work. The working class however were not thieves because they are able to afford the necessities of life. Highwaymen, murder, and theft of property were all common crimes committed by males unlike females whose crimes were infanticide, prostitution, and theft. The Ordinary of Newgate’s Account describes how “William Spiggot was indicted for four several Robberies on the High-Way, and found Guilty, with Thomas Cross otherwise Phillips, and William Burrows” (Ordinary’s Account, 4). As described in the lectures those offences were considered crimes without qualification because they were crimes with victims. Social crime was considered a victimless crime, and has no capital punishment tied to it. Highwaymen were hanged for their crimes because they robbed on the King’s highway and that was considered a capital crime. Crimes committed by people like Ethrinton Wrathan who “was condemned…for breaking open the Warehouse of John Hide, Esq; and taking thence 1080 Yards of Sail-Cloth, value £90.” (Ordinary’s Account, 4) This offence was punishable by death due to the reason that any crime over a shilling was a capital crime. Crime was considered a bad path to go on due to the reason that it was easy to commit crime again once that path was
The judicial system we know today has changed in many ways. One of the ways this system changed is how they reach a verdict, In the modern day long investigation have to take place and reliable evidence has to be shown to the court so that there is less chance that the accused could be misjudged unlike the medieval times were it was common that people were misjudged. The medieval period taught us that we have to be sure of which person is guilty and innocent. Unlike believing one Man’s word like the medieval
Hackett, Francis. “Crime and Punishment.” Horizons: A Book of Criticism. New York: B. W. Huebsh, 1918. 178-185. Rpt. in Nineteenth-Century Literature Criticism. Ed. Laurie Lanzen Harris and Sheila Fitzgerald. Vol. 7. Detroit: Gale Research Company, 1984. 74-75. Print.
One example focused on this paper is American Justice. The program ``American Justice ' entails outrageous crimes, as perceived through police process, t...
This lesson is positioned after a study into Medieval Europe’s significant individuals. During the previous lesson, students were introduced to individuals such as Charlemagne, and were able to create a presentation, ad or speech either for or against that person. As a result of the previous lesson, students will be able to understand the significance war had on the memory of historical figures. The next lesson will be able to build upon this knowledge by continuing discussion about war, and the possible punishments for those who rebelled in any way. This initial discussion will be broadened by talking about general crime and punishment during the medieval period, asking questions in the discussion such as who, what, when, where and how. At the conclusion of this lesson, student will have developed a deeper understanding into the different forms of torture in medieval Europe, and how it compares to punishment in modern day Australia. In the following lesson, students will be continuing discussions about the comparison of medieval crimes and punishment to the evolution of the nature of justice. This will transition into developing students’ knowledge on the Australian legal system and origin of common and statutor...
In February, 1587, Queen Elizabeth had ordered her cousin, Mary, Queen of Scotts, to her execution to eliminate all possibilities of any threats to her throne. This event would reflect the relentless violence and unforgiving punishments of the judicial system in Elizabethan Era. Criminals during Queen Elizabeth’s reign in England, known as the Elizabethan Era, were subject to harsh, violent punishments for their crimes. England was separated into two social classes, which were the nobility, and the commoners. Within each class, the punishments were defined by the class and type of crime that had been committed. Under the Tudor rule, the punishments dating back to the middle ages were revived. Such gruesome punishments were carried out to strike fear into the hearts of the English citizens and lower crime rate. There were a wide range of crimes that a person could be prosecuted for, and even included the act of witchcraft and alchemy. Of course, today the American court system would find prosecutions of witchcraft and alchemy ridiculous. However, in the Elizabethan Era, people accused of even the most petty of crimes would be immediately placed in prison to await their sentences, often resulting in death. Public executions were a common practice, and were often a form of entertainment for a crowd of spectators. Often considered as the “Golden Age” in English history, England’s court systems became an essential part of society because cruel punishments were severe enough to strike fear into English citizens as well as demonstrating the influence and power of Queen Elizabeth’s rule.
...lacks, and men. Furthermore, the competing paradigms influence public policy. Those that maintain acts as voluntary are more inclined to punish the individual or group, however those that are seen to act under determined forces, judge treatment to be more suitable. Even though these theories contrast, they still contain similarities which are shared in the new penology. Aspects are taken from all to create a new perspective on crime that centres on the management of offenders.
Morrison, W. (2009) 'What is crime? Contrasting definitions and perspectives', in C. Hale, K. Hayward, A. Wahadin and E. Wincup, (eds), Criminology. Oxford: Oxford University Press
Pollock, F., & Maitland, F.W. (2012). The history of English law before the time of Edward 1: Crimes and torts. Indianapolis, IN: Liberty Fund.
“Whatever improvement our penal laws have undergone in the last hundred years is due primarily to Beccaria, and, to an extent that has not always been recognised. Lord Mansfield is said never to have mentioned his name without a sign of respect. Romilly referred to him in the very first speech he delivered in the House of Commons on the subject of law reform. And there is no English writer of that day who, in treating of the criminal law, does not refer to Beccaria”
Norrie A, Crime, Reason and History. A Critical Introduction to Criminal Law (2nd edn, Cambridge University Press 2001)
Victimless crimes are also frequently referred to as social order offenses (Schmallegar 2010, p.365). Social order offenses originated during medieval times (Schmallegar 2010, p.365). Significantly, they were dee...
Burns, Julia. "Notes MLA 6318". Church and State in Early Modern England. Fall 2013. Dr. D. David.
This early period of criminology was called classical criminology. The age of Classical Criminology came about in the 1700s because of the need to counteract the cruel forms of punishment which was prevalent for those times. In times before the classical period of criminology, anyone despite being of unsound mind could be convicted and receive capital or torturous punishment. “Classicalism was based on free will and rational choice” (Tim Newburn, 2007, pg114). This brought about the idea that criminals/offenders would receive equivalent punishment to the level of their offence, due to the fact that the criminals/offenders were acting upon their own free will (their own ability to act upon their own discretion). During the 18th century there were numerous campaigns by varied thinkers that forwarded the need for individual rights and a fairer justice system to be put in place. The risings that took place at this time such as the American and French revolutions kickstarted the creation of “new institutions in which political decisions were made” (Tim Newburn, 2007, pg