Criminal Trial Proceedings in the General Court of Colonial Virginia
Author: Hugh F. Rankin
Publisher:
Published: 1965
Total Pages: 262
ISBN-13:
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Author: Hugh F. Rankin
Publisher:
Published: 1965
Total Pages: 262
ISBN-13:
DOWNLOAD EBOOKAuthor: Bradley Chapin
Publisher: University of Georgia Press
Published: 2010-06-01
Total Pages: 224
ISBN-13: 0820336912
DOWNLOAD EBOOKThis study analyzes the development of criminal law during the first several generations of American life. Its comparison of the substantive and procedural law among the colonies reveals the similarities and differences between the New England and the Chesapeake colonies. Bradley Chapin addresses the often-debated question of the “reception” of English law and makes estimates of the relative weight of the sources and methods of early American law. A main theme of his book is that colonial legislators and judges achieved a significant reform of the English criminal law at a time when a parallel movement in England failed. The analysis is made specific and concrete by statistics that show patterns of prosecutions and crime rates. In addition to the exciting and convincing theme of a “lost period” of great creativity in American criminal law, Chapin gives a wealth of detail on statutory and common-law rulings, noteworthy criminal cases, and judicial views of how the law was to be administered. He provides social and economic explanations of shifts and peculiarities in the law, using carefully arranged evidence from the records. His treatment of the Quaker cases in Massachusetts and the witchcraft prosecutions in New England throws new light on those frequently misunderstood episodes. Chapin's book will be of interest not only to scholars working in the field but also to anyone curious about early American legal history.
Author: Jessica K. Lowe
Publisher: Cambridge University Press
Published: 2019-02-07
Total Pages: 225
ISBN-13: 1108421784
DOWNLOAD EBOOKTells the story of a sensational 1791 Virginia murder case, and explores Revolutionary America's debates over justice, criminal punishment, and equality before the law.
Author: Stephanos Bibas
Publisher: Oxford University Press
Published: 2012-02-28
Total Pages: 318
ISBN-13: 0199705518
DOWNLOAD EBOOKTwo 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.
Author: Jessica K. Lowe
Publisher: Cambridge University Press
Published: 2019-02-07
Total Pages: 225
ISBN-13: 110838627X
DOWNLOAD EBOOKOn July 4, 1791, the fifteenth anniversary of American Independence, John Crane, a descendant of prominent Virginian families, killed his neighbor's harvest worker. Murder in the Shenandoah traces the story of this early murder case as it entangled powerful Virginians and addressed the question that everyone in the state was heatedly debating: what would it mean to have equality before the law - and a world where 'law is king'? By retelling the story of the case, called Commonwealth v. Crane, through the eyes of its witnesses, families, fighters, victims, judges, and juries, Jessica K. Lowe reveals how revolutionary debates about justice gripped the new nation, transforming ideas about law, punishment, and popular government.
Author: California (State).
Publisher:
Published:
Total Pages: 84
ISBN-13:
DOWNLOAD EBOOKAuthor: Peter Charles Hoffer
Publisher: Johns Hopkins University Press
Published: 2019-11-05
Total Pages: 228
ISBN-13: 1421434598
DOWNLOAD EBOOKAn essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries used their intimacy with the law to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present, interpreting the meaning of precedent and of past legislation, the study of legal history is a vital part of every citizen's basic education. Taking advantage of rich new scholarship that goes beyond traditional approaches to view slavery as a fundamental cultural and social institution as well as an economic one, this second edition includes an extensive, entirely new chapter on colonial and revolutionary-era slave law. Law and People in Colonial America is a lively introduction to early American law. It makes for essential reading.
Author: Lathan A. Windley
Publisher: Routledge
Published: 2014-01-09
Total Pages: 222
ISBN-13: 1317777735
DOWNLOAD EBOOKFirst published in 1996. Lathan Algerna Windley's study, A Profile of Runaway Slaves in Virginia and South Carolina from 1730 through 1787, has informed and influenced dozens of scholars of slavery and African American culture.
Author: Gerald Horne
Publisher: NYU Press
Published: 2016-09
Total Pages: 363
ISBN-13: 1479806897
DOWNLOAD EBOOKIlluminates how the preservation of slavery was a motivating factor for the Revolutionary War The successful 1776 revolt against British rule in North America has been hailed almost universally as a great step forward for humanity. But the Africans then living in the colonies overwhelmingly sided with the British. In this trailblazing book, Gerald Horne shows that in the prelude to 1776, the abolition of slavery seemed all but inevitable in London, delighting Africans as much as it outraged slaveholders, and sparking the colonial revolt. Prior to 1776, anti-slavery sentiments were deepening throughout Britain and in the Caribbean, rebellious Africans were in revolt. For European colonists in America, the major threat to their security was a foreign invasion combined with an insurrection of the enslaved. It was a real and threatening possibility that London would impose abolition throughout the colonies—a possibility the founding fathers feared would bring slave rebellions to their shores. To forestall it, they went to war. The so-called Revolutionary War, Horne writes, was in part a counter-revolution, a conservative movement that the founding fathers fought in order to preserve their right to enslave others. The Counter-Revolution of 1776 brings us to a radical new understanding of the traditional heroic creation myth of the United States.
Author: Randolph Roth
Publisher: Harvard University Press
Published: 2010-02-15
Total Pages: 672
ISBN-13: 0674054547
DOWNLOAD EBOOKIn American Homicide, Randolph Roth charts changes in the character and incidence of homicide in the U.S. from colonial times to the present. Roth argues that the United States is distinctive in its level of violence among unrelated adults—friends, acquaintances, and strangers. America was extraordinarily homicidal in the mid-seventeenth century, but it became relatively non-homicidal by the mid-eighteenth century, even in the slave South; and by the early nineteenth century, rates in the North and the mountain South were extremely low. But the homicide rate rose substantially among unrelated adults in the slave South after the American Revolution; and it skyrocketed across the United States from the late 1840s through the mid-1870s, while rates in most other Western nations held steady or fell. That surge—and all subsequent increases in the homicide rate—correlated closely with four distinct phenomena: political instability; a loss of government legitimacy; a loss of fellow-feeling among members of society caused by racial, religious, or political antagonism; and a loss of faith in the social hierarchy. Those four factors, Roth argues, best explain why homicide rates have gone up and down in the United States and in other Western nations over the past four centuries, and why the United States is today the most homicidal affluent nation.