A History of Continental Criminal Procedure

A History of Continental Criminal Procedure

Author: Adhémar Esmein

Publisher: The Lawbook Exchange, Ltd.

Published: 2000

Total Pages: 686

ISBN-13: 1584770422

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Esmein, A[dhemar]. A History of Continental Criminal Procedure with Special Reference to France. Translated by John Simpson; with an editorial preface by William E. Mikell and introductions by Norman M. Trenholme and by William Renwick Riddell. Boston: Little, Brown and Company, 1913. xlv, 640 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-045906. ISBN 1-58477-042-2. Cloth. $100. * Reprint of volume 5, Continental Legal History Series. Esmein, "the foremost legal scholar of France if not of the world" has here analyzed criminal procedure from its Roman origin, through primitive Germanic, and throughout French criminal procedure from the 1200s to the 1800s, as well as 19th century criminal procedure in other countries in this "masterly work...This volume is to be unqualifiedly commended as a standard and sufficient history of continental criminal procedure." J.H.B. Harv. L. Rev. 27:294-295.


History of Criminal Justice

History of Criminal Justice

Author: Mark Jones

Publisher: Routledge

Published: 2011-07-22

Total Pages: 406

ISBN-13: 1317522451

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Covering criminal justice history on a cross-national basis, this book surveys criminal justice in Western civilization and American life chronologically from ancient times to the present. It is an introduction to the historical problems of crime, law enforcement and penology, set against the background of major historical events and movements. Integrating criminal justice history into the scope of European, British, French and American history, this text provides the opportunity for comparisons of crime and punishment over boundaries of national histories. The text now concludes with a chapter that addresses terrorism and homeland security.


Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries

Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries

Author: James M. Donovan

Publisher: Univ of North Carolina Press

Published: 2010-02-01

Total Pages: 273

ISBN-13: 0807895776

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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.


Forensic Medicine in Western Society

Forensic Medicine in Western Society

Author: Katherine D. Watson

Publisher: Routledge

Published: 2010-11-01

Total Pages: 462

ISBN-13: 1136890572

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The first book of its kind, Forensic Medicine in Western Society: A History draws on the most recent developments in the historiography, to provide an overview of the history of forensic medicine in the West from the medieval period to the present day. Taking an international, comparative perspective on the changing nature of the relationship between medicine, law and society, it examines the growth of medico-legal ideas, institutions and practices in Britain, Europe (principally France, Italy and Germany) and the United States. Following a thematic structure within a broad chronological framework, the book focuses on practitioners, the development of notions of ‘expertise’ and the rise of the expert, the main areas of the criminal law to which forensic medicine contributed, medical attitudes towards the victims and perpetrators of crime, and the wider influences such attitudes had. It thus develops an understanding of how medicine has played an active part in shaping legal, political and social change. Including case studies which provide a narrative context to tie forensic medicine to the societies in which it was practiced, and a further reading section at the end of each chapter, Katherine D. Watson creates a vivid portrait of a topic of relevance to social historians and students of the history of medicine, law and crime.