Criminal Justice During The Long Eighteenth Century

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".

McLynn provides the first comprehensive view of crime and its consequences in the eighteenth century: why was England notorious for violence? Why did the death penalty prove no deterrent? Was it a crude means of redistributing wealth?

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.

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'.

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.

In recent years, much has been published on women, crime and justice in English history. However, for a variety of reasons, particularly the ready availability of source material for the capital, such research has tended to have an overwhelmingly Metropolitan focus. This book aims to redress the balance for the ‘long’ eighteenth century by concentrating on women from outside the London area. Although vitally important to the wider country, the Metropolis always contained a small minority of the country’s female offenders and defendants, albeit a significantly higher percentage of the latter than its share of the national population. The capital also had a rather different criminal justice and policing system to that found in the rest of the country at this time. The book focuses on women’s experiences in provincial England as both the perpetrators of various crimes and as suspects or defendants in the country’s criminal justice system. The areas considered range from the West Country to the Scottish Border, and the offences examined include all of the major crimes, such as murder and theft, as well as some more arcane forms of deviance, including arson and coining. The factors that prompted women to offend, their likelihood of exposure when they did so, and their treatment before the courts and in the penal system are all considered in detail. In particular, the book examines the gendered differences found in female crime when compared to that of their male counterparts, and how women’s experiences of the era’s justice system differed from those of men. It also compares provincial women to those found in the Metropolis in these respects. Extensive use is made of primary sources in portraying the lives of female criminals from Kent to Cumberland, while comparison is also made with women from other parts of the British Isles and beyond, so that the respective roles of structural determinants and national ‘culture’ in crime and justice can be considered.

The criminal law has often been seen as central to the rule of the eighteenth-century landed élite 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 a number of new perspectives on the role of the law in eighteenth-century social relations. The law emerges as less the instrument of particular élite 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 élite than has been previously suggested. Justice was vulnerable to power, but was also mobilised to constrain it. Despite the key functions that the propertied 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 élites.