Prosecuting Crime in the Renaissance
Prosecuting Crime in the Renaissance

Author: John H. Langbein

Publisher: The Lawbook Exchange, Ltd.

Published: 2005

Total Pages: 336

ISBN-13: 1584775777

DOWNLOAD EBOOK

Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).

Crime, Gender and Social Control in Early Modern Frankfurt am Main
Crime, Gender and Social Control in Early Modern Frankfurt am Main

Author: Jeannette Kamp

Publisher: BRILL

Published: 2019-12-09

Total Pages: 347

ISBN-13: 9004388443

DOWNLOAD EBOOK

This book charts the lives of (suspected) thieves, illegitimate mothers and vagrants in early modern Frankfurt. The book highlights the gender differences in recorded criminality and the way that they were shaped by the local context. Women played a prominent role in recorded crime in this period, and could even make up half of all defendants in specific European cities. At the same time, there were also large regional differences. Women’s crime patterns in Frankfurt were both similar and different to those of other cities. Informal control within the household played a significant role and influenced the prosecution patterns of authorities. This impacted men and women differently, and created clear distinctions within the system between settled locals and unsettled migrants.

The Oxford Handbook of Criminal Law
The Oxford Handbook of Criminal Law

Author: Markus D Dubber

Publisher: OUP Oxford

Published: 2014-11-27

Total Pages: 1294

ISBN-13: 0191654604

DOWNLOAD EBOOK

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

Prosecution and Punishment
Prosecution and Punishment

Author: Robert B. Shoemaker

Publisher: Cambridge University Press

Published: 1991-08-30

Total Pages: 388

ISBN-13: 9780521400824

DOWNLOAD EBOOK

This book offers an assessment of the social significance of the law in pre-industrial England.

Everyday Crime, Criminal Justice and Gender in Early Modern Bologna
Everyday Crime, Criminal Justice and Gender in Early Modern Bologna

Author: Sanne Muurling

Publisher: Crime and City in History

Published: 2020-12

Total Pages: 254

ISBN-13: 9789004440586

DOWNLOAD EBOOK

"Female protagonists are commonly overlooked in the history of crime; especially in early modern Italy, where women's scope of action is often portrayed as heavily restricted. This book redresses the notion of Italian women's passivity, arguing that women's crimes were far too common to be viewed as an anomaly. Based on over two thousand criminal complaints and investigation dossiers, Sanne Muurling charts the multifaceted impact of gender on patterns of recorded crime in early modern Bologna. While various socioeconomic and legal mechanisms withdrew women from the criminal justice process, the casebooks also reveal that women - as criminal offenders and savvy litigants - had an active hand in keeping the wheels of the court spinning"--

Criminal Discovery
Criminal Discovery

Author: Cosmas Moisidis

Publisher: Institute of Criminology

Published: 2008

Total Pages: 302

ISBN-13: 9780975196779

DOWNLOAD EBOOK

In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.

Essays in Criminal Law in Honour of Sir Gerald Gordon
Essays in Criminal Law in Honour of Sir Gerald Gordon

Author: James Chalmers

Publisher: Edinburgh University Press

Published: 2010-10-31

Total Pages: 377

ISBN-13: 0748686932

DOWNLOAD EBOOK

This volume is a Festschrift in honour of Sir Gerald Gordon who has been one of the most influential figures in Scottish criminal law and procedure in the last century.

Prosecuting Women
Prosecuting Women

Author: Ariadne Schmidt

Publisher: BRILL

Published: 2020-04-14

Total Pages: 295

ISBN-13: 9004424911

DOWNLOAD EBOOK

In the early modern period women played a prominent role in crime. At times they even made up half of all defendants. Female criminality was a typically urban phenomenon. Why do we find so many women before the Dutch criminal courts? In Prosecuting Women Ariadne Schmidt analyses the relation between female crime and the urban context by comparing prosecution patterns in various Dutch cities. Prosecuting Women looks beyond the bare figures, examines the personal circumstances of criminal women and shows how women's illegal activities were linked to the socio-economic context of the locality and varied over time. The local interplay between crime and the responses of the authorities gave every city a specific dynamic in its pattern of prosecuted crime.