The Bar And The Old Bailey 1750 1850

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The Bar and the Old Bailey, 1750-1850

Allyson N. May
The Bar and the Old Bailey 1750 1850 Book PDF

Author : Allyson N. May
Publisher : UNC Press Books
Page : 563 pages
File Size : 51,7 Mb
Release : 2015-12-01
Category : Law
ISBN : 9781469625577

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The Bar and the Old Bailey, 1750-1850 by Allyson N. May Pdf

Allyson May chronicles the history of the English criminal trial and the development of a criminal bar in London between 1750 and 1850. She charts the transformation of the legal process and the evolution of professional standards of conduct for the criminal bar through an examination of the working lives of the Old Bailey barristers of the period. In describing the rise of adversarialism, May uncovers the motivations and interests of prosecutors, defendants, the bench, and the state, as well as the often-maligned "Old Bailey hacks" themselves. Traditionally, the English criminal trial consisted of a relatively unstructured altercation between the victim-prosecutor and the accused, who generally appeared without a lawyer. A criminal bar had emerged in London by the 1780s, and in 1836 the Prisoners' Counsel Act recognized the defendant's right to legal counsel in felony trials and lifted many restrictions on the activities of defense lawyers. May explores the role of barristers before and after the Prisoners' Counsel Act. She also details the careers of individual members of the bar--describing their civil practice in local, customary courts as well as their criminal practice--and the promotion of Old Bailey counsel to the bench of that court. A comprehensive biographical appendix augments this discussion.

Crime, Courtrooms and the Public Sphere in Britain, 1700-1850

David Lemmings
Crime Courtrooms and the Public Sphere in Britain 1700 1850 Book PDF

Author : David Lemmings
Publisher : Routledge
Page : 248 pages
File Size : 49,8 Mb
Release : 2016-05-13
Category : History
ISBN : 9781317157960

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Crime, Courtrooms and the Public Sphere in Britain, 1700-1850 by David Lemmings Pdf

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'.

Speaking in Court

Andrew Watson
Speaking in Court Book PDF

Author : Andrew Watson
Publisher : Springer
Page : 366 pages
File Size : 46,8 Mb
Release : 2019-03-25
Category : Social Science
ISBN : 9783030103958

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Speaking in Court by Andrew Watson Pdf

This book maps the changes in court advocacy in England and Wales over the last three centuries. Advocacy, the means by which a barrister puts their client’s case to the court and jury, has grown piecemeal and at an uneven pace; the result of a complex interplay of many influences. Andrew Watson examines the numerous principal factors, from the effect on juniors of successful styles deployed by senior advocates, changes in court procedure, reforms in laws determining who and what may be put before courts, the amount of media reporting of court cases, and public and press opinion about the acceptable limits of advocates’ tactics and oratory. This book also explores the extent to which juries are used in trials and the social origins of those serving on them. It goes on to examine the formal teaching of advocacy which was only introduced comparatively recently, arguing that this, and new technology, will likely exert a strong influence on future forensic oratory. Speaking in Court provides a readable history of advocacy and the many factors that have shaped it, and takes a far wider view of the history of advocacy than many titles, analysing the 20th Century developments which are often overlooked. This book will be of interest to general readers, law practitioners interested in how advocacy has developed in courts of yesteryear, teachers of advocacy who want to locate there subject in history and impart this to their students, and to law students curious about the origins of what they are learning.

Crime, Policing and Punishment in England, 1660-1914

Drew D. Gray
Crime Policing and Punishment in England 1660 1914 Book PDF

Author : Drew D. Gray
Publisher : Bloomsbury Publishing
Page : 409 pages
File Size : 45,5 Mb
Release : 2016-01-28
Category : History
ISBN : 9781472579287

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Crime, Policing and Punishment in England, 1660-1914 by Drew D. Gray Pdf

Crime, Policing and Punishment in England, 1660-1914 offers an overview of the changing nature of crime and its punishment from the Restoration to World War 1. It charts how prosecution and punishment have changed from the early modern to the modern period and reflects on how the changing nature of English society has affected these processes. By combining extensive primary material alongside a thorough analysis of historiography this text offers an invaluable resource to students and academics alike. The book is arranged in two sections: the first looks at the evolution and development of the criminal justice system and the emergence of the legal profession, and examines the media's relationship with crime. Section two examines key themes in the history of crime, covering the emergence of professional policing, the move from physical punishment to incarceration and the importance of gender and youth. Finally, the book draws together these themes and considers how the Criminal Justice System has developed to suit the changing nature of the British state.

Fighting for Justice

John Hostettler
Fighting for Justice Book PDF

Author : John Hostettler
Publisher : Waterside Press
Page : 178 pages
File Size : 53,5 Mb
Release : 2006
Category : Adversary system (Law)
ISBN : 9781904380290

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Fighting for Justice by John Hostettler Pdf

Adversary trial emerged in England only in the 18th century. This book focuses on the birth and meaning of adversary trial and also on the historic central role of the lawyer and advocate Sir William Garrow.

Presumption of Innocence in Peril

Anthony Gray
Presumption of Innocence in Peril Book PDF

Author : Anthony Gray
Publisher : Lexington Books
Page : 209 pages
File Size : 53,6 Mb
Release : 2017-11-08
Category : Political Science
ISBN : 9781498554114

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Presumption of Innocence in Peril by Anthony Gray Pdf

This book explains the historical significance and introduction of the presumption of innocence into common law legal systems. It explains that the presumption should be seen as reflecting notions of moral comfort around judgment of others. Specifically, when one is asked to make a judgment about the guilt or otherwise of a person accused of wrongdoing, the default position should be to do nothing. This reflects the very serious consequences of what we do when we decide someone is guilty of wrongdoing and is not a step to be taken lightly. Traditionally, decision makers have only taken it when they are morally comfortable with that decision. It then documents how legislators in a range of common law jurisdictions have undermined the presumption of innocence, through measures such as reverse onus provisions, allowing or requiring inferences to be made against an accused, redefining offenses and defenses in novel ways to minimize the burden on the prosecutor, and by dressing proceedings as civil when they are in substance criminal. Courts have too easily acceded to such measures, in the process permitting accused persons to be convicted although there is reasonable doubt as to their guilt, and where they are not guilty of sufficiently blameworthy conduct to attract criminal sanction. It finds that the courts must be prepared to re-assert the prime importance of the presumption of innocence, only permitting criminal sanctions to be imposed where they are morally certain that the accused did that of which they have been accused, and morally comfortable that the conduct being addressed is worthy of the kind of criminal sanction which prosecutors seek to impose. Courts must be morally comfortable about the finding of guilt, and the imposition of the criminal penalty in a given case. They have lost sight of this moral underpinning to criminal law process and substance, and it must be regained.

Police Detectives in History, 1750–1950

Clive Emsley
Police Detectives in History 1750 1950 Book PDF

Author : Clive Emsley
Publisher : Routledge
Page : 352 pages
File Size : 50,6 Mb
Release : 2017-09-29
Category : History
ISBN : 9781351910576

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Police Detectives in History, 1750–1950 by Clive Emsley Pdf

While the history of the uniformed police has prompted considerable research, the historical study of police detectives has been largely neglected; confined for the most part to a chapter or a brief mention in books dealing with the development of the police in general. The collection redresses this imbalance. Investigating themes central to the history of detection, such as the inchoate distinction between criminals and detectives, the professionalisation of detective work and the establishment of colonial police forces, the book provides a the first detailed examination of detectives as an occupational group, with a distinct occupational culture. Essays discuss the complex relationship between official and private law enforcers and examine the ways in which the FBI in the U.S.A. and the Gestapo in Nazi Germany operated as instruments of state power. The dynamic interaction between the fictional and the real life image of the detective is also explored. Expanding on themes and approaches introduced in recent academic research of police history, the comparative studies included in this collection provide new insights into the development of both plain-clothes policing and law enforcement in general, illuminating the historical importance of bureaucratic and administrative changes that occurred within the state system.

Sir William Garrow

John Hostettler,Richard Braby
Sir William Garrow Book PDF

Author : John Hostettler,Richard Braby
Publisher : Unknown
Page : 271 pages
File Size : 50,9 Mb
Release : 2010
Category : Biography & Autobiography
ISBN : 9781904380559

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Sir William Garrow by John Hostettler,Richard Braby Pdf

Including the lost story of barrister William Garrow's key role in changing the face of the English criminal trial.

Garrow's Law

John Hostettler
Garrow s Law Book PDF

Author : John Hostettler
Publisher : Waterside Press
Page : 135 pages
File Size : 51,8 Mb
Release : 2012-11-01
Category : Law
ISBN : 9781908162236

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Garrow's Law by John Hostettler Pdf

For any of the five million people who saw the prime-time BBC series "Garrow's Law" this is an absorbing book. It is written by expert commentator John Hostettler who has studied Garrow extensively. The book uses the true facts on which the programme was based to compare drama and reality. Part I looks at the world in which the real life Garrow worked, marking out the main aspects of crime and punishment, which at the time operated primarily to deal with a troublesome but deprived and under-privileged strata of society: these unfortunates fed the conveyor belt to the courts, prisons and gallows. It was a world of few rights, effortless conviction, ready condemnation, draconian punishments and utter prejudice. This is the backdrop against which TV audiences were, in 2009, introduced to the story of the feisty individual who set out to change matters. Judicial order, procedural chaos and impudence in the face of authority fired the imagination of viewers as Garrow sought ever more ingenious ways of avoiding legal rules, such as those which prevented him from speaking directly to the jury, visiting a client in prison, or knowing the evidence in advance. Part II takes the reader through the cases portrayed in the TV series explaining their true origins and the jig-saw of facts, roles or events with which the scriptwriters wrestled in the interests of dramatic impact. The book compares the ‘factional’ drama with what actually happened at the time. He also explains how, in reality, the law had its own fictions - such as "pious perjury" - to prevent accused people from being completely subjugated by the legal system. "Garrow's Law" is a minor masterpiece in which the author brings his immense knowledge of his subject to bear in a highly readable and entertaining work that will be of interest to lawyers and general public alike.

The Official History of Criminal Justice in England and Wales

Paul Rock
The Official History of Criminal Justice in England and Wales Book PDF

Author : Paul Rock
Publisher : Routledge
Page : 580 pages
File Size : 50,6 Mb
Release : 2019-04-30
Category : History
ISBN : 9780429892189

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The Official History of Criminal Justice in England and Wales by Paul Rock Pdf

Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been ‘written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved’. This book will be of much interest to students of criminology and British history, politics and law.

Those They Called Idiots

Simon Jarrett
Those They Called Idiots Book PDF

Author : Simon Jarrett
Publisher : Reaktion Books
Page : 353 pages
File Size : 40,7 Mb
Release : 2020-11-05
Category : History
ISBN : 9781789143027

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Those They Called Idiots by Simon Jarrett Pdf

Those They Called Idiots traces the little-known lives of people with learning disabilities from the communities of eighteenth-century England to the nineteenth-century asylum, to care in today’s society. Using evidence from civil and criminal courtrooms, joke books, slang dictionaries, novels, art, and caricature, it explores the explosive intermingling of ideas about intelligence and race, while bringing into sharp focus the lives of people often seen as the most marginalized in society.

Defending Privilege

Nicole Mansfield Wright
Defending Privilege Book PDF

Author : Nicole Mansfield Wright
Publisher : JHU Press
Page : 225 pages
File Size : 50,7 Mb
Release : 2020-03-10
Category : Literary Criticism
ISBN : 9781421433752

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Defending Privilege by Nicole Mansfield Wright Pdf

A critique of attempts by conservative eighteenth- and nineteenth-century authors to appropriate the rhetoric of victimhood and appeals to "rights" to safeguard the status of the powerful. As revolution and popular unrest roiled the final decades of the eighteenth century, authors, activists, and philosophers across the British Empire hailed the rise of the liberal subject, valorizing the humanity of the marginalized and the rights of members of groups long considered inferior or subhuman. Yet at the same time, a group of conservative authors mounted a reactionary attempt to cultivate sympathy for the privileged. In Defending Privilege, Nicole Mansfield Wright examines works by Tobias Smollett, Charlotte Smith, Walter Scott, and others to show how conservatives used the rhetoric of victimhood in attempts to convince ordinary readers to regard a privileged person's loss of legal agency as a catastrophe greater than the calamities and legally sanctioned exclusion suffered by the poor and the enslaved. In promoting their agenda, these authors resuscitated literary modes regarded at the time as derivative or passé—including romance, the gothic, and epistolarity—or invented subgenres that are neglected today due to widespread revilement of their politics (the proslavery novel). Although these authors are not typically considered alongside one another in scholarship, they are united by their firsthand experience of legal conflict: each felt that their privilege was degraded through lengthy disputes. In examining the work of these eighteenth- and early nineteenth-century authors, Wright traces a broader reactionary framework in the Anglophone literary legacy. Each novel seeks to reshape and manipulate public perceptions of who merits legal agency: the right to initiate a lawsuit, serve as a witness, seek counsel from a lawyer, and take other legal actions. As a result, Defending Privilege offers a counterhistory to scholarship on the novel's capacity to motivate the promulgation of human rights and champion social ascendance through the upwardly mobile realist character.

Cultural Histories of Law, Media and Emotion

Katie Barclay,Amy Milka
Cultural Histories of Law Media and Emotion Book PDF

Author : Katie Barclay,Amy Milka
Publisher : Taylor & Francis
Page : 291 pages
File Size : 46,5 Mb
Release : 2022-07-21
Category : History
ISBN : 9781000619539

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Cultural Histories of Law, Media and Emotion by Katie Barclay,Amy Milka Pdf

Cultural Histories of Law, Media and Emotion: Public Justice explores how the legal history of long-eighteenth-century Britain has been transformed by the cultural turn, and especially the associated history of emotion. Seeking to reflect on the state of the field, 13 essays by leading and emerging scholars bring cutting-edge research to bear on the intersections between law, print culture and emotion in Britain across the eighteenth and nineteenth centuries. Divided into three sections, this collection explores the ‘public’ as a site of legal sensibility; it demonstrates how the rhetoric of emotion constructed the law in legal practice and in society and culture; and it highlights how approaches from cultural and emotions history have recentred the individual, the biography and the group to explain long-running legal-historical problems. Across this volume, authors evidence how engagements between cultural and legal history have revitalised our understanding of law’s role in eighteenth-century culture and society, not least deepening our understanding of justice as produced with and through the public. This volume is the ideal resource for upper-level undergraduates, postgraduates and scholars interested in the history of emotions as well as the legal history of Britain from the late seventeenth to the nineteenth century.

The Profligate Son

Nicola Phillips
The Profligate Son Book PDF

Author : Nicola Phillips
Publisher : Basic Books
Page : 352 pages
File Size : 55,7 Mb
Release : 2013-08-27
Category : History
ISBN : 9780465037742

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The Profligate Son by Nicola Phillips Pdf

Foppish, impulsive, and philandering: William Jackson was every Georgian parent's worst nightmare. Gentlemen were expected to be honorable and virtuous, but William was the opposite, much to the dismay of his father, a well-to-do representative of the East India Company in Madras. In The Profligate Son, historian Nicola Phillips meticulously reconstructs William's life from a recently discovered family archive, describing how his youthful misbehavior reduced his family to ruin. At first, William seemed destined for a life of great fortune, but before long, he was indulging regularly in pornography and brothels and using his father's abundant credit to swindle tradesmen. Eventually, William found himself in debtor's prison and then on a long, typhus-ridden voyage to an Australian penal colony. He spent the rest of his days there, dying a pauper at the age of thirty-seven. A masterpiece of literary nonfiction as dramatic as any Dickens novel, The Profligate Son transports readers from the steamy streets of India, to London's elegant squares and seedy brothels, to the sunbaked shores of Australia, tracing the arc of a life long buried in history.

Criminal Justice During the Long Eighteenth Century

David Lemmings,Allyson N. May
Criminal Justice During the Long Eighteenth Century Book PDF

Author : David Lemmings,Allyson N. May
Publisher : Routledge
Page : 365 pages
File Size : 41,9 Mb
Release : 2018-10-26
Category : History
ISBN : 9780429678462

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Criminal Justice During the Long Eighteenth Century by David Lemmings,Allyson N. May Pdf

This book applies three overlapping bodies of work to generate fresh approaches to the study of criminal justice in England and Ireland between 1660 and 1850. First, crime and justice are interpreted as elements of the "public sphere" of opinion about government. Second, "performativity" and speech act theory are considered in the context of the Anglo-Irish criminal trial, which was transformed over the course of this period from an unmediated exchange between victim and accused to a fully lawyerized performance. Thirdly, the authors apply recent scholarship on the history of emotions, particularly relating to the constitution of "emotional communities" and changes in "emotional regimes".