CRIME AND SOCIETY, 1550-1750 LECTURE 3: POLICING AND PROSECUTION.
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Transcript of CRIME AND SOCIETY, 1550-1750 LECTURE 3: POLICING AND PROSECUTION.
CRIME AND SOCIETY, 1550-1750
LECTURE 3: POLICING AND PROSECUTION
2Next Week’s reading
Andrea McKenzie, ‘Martyrs in Low Life? Dying “Game” in Augustan England’, Journal of British Studies, Vol. 42 (2003), 167-205.
Outline of the lecture
Catching Culprits Duties of the constable Duties of the Justice of the Peace (JP) Trial
Juries Judges The Defendant
4The Criminal and the Victim
The Hue and Cry
Wavertree & Barley Lock-ups (Cages)
The Constables
Unpaid position Chosen by fellow parishioners Came from respectable sections of the
local community Often literate and numerate Role subject to conflict Balancing act between centre & locality Responsible for executing warrants
issued by JPs and arresting anyone guilty of a crime
Had a general responsibility to keep the peace but were not expected to investigate crime
Was the constable efficient?
Traditional view of constables was unfavourable BUT…
Probably reasonably efficient and when they were not it was not always down to slackness or incompetence
Operating under coercion and threat from local criminals
9The Watchman
Jonathan Wilde, thief-taker, 1683-1725
The Bow Street Runners
Attached to Bow Street Magistrates court
Paid from central funds
Founded by Henry Fielding 1749
Served writs & arrested offenders
Justice of the Peace
Generally from the upper echelons of society -unpaid and could be time-consuming
Appointed by the monarch but nominated by friends or influential acquaintances
In minor dispute, the JP could arbitrate
If the case warranted indictment but the suspect was not considered dangerous he or she would be bound over in recognisance (on bail)
If dangerous, then the suspect was jailed
The Grand Jury
Before the trial took place, the case was assessed by a grand jury
Made up of 12 or more freeholder men, usually drawn from the lower strata of the gentry
Had to reach a majority decision of 12+ Bill of Indictment - ‘true’ or ignoramus (not
found)
The Petty Jury
Less prestige attached to being a petty juror
Meant to be composed of 12 freeholder men but by the 17th century most petty juries were ad hoc affairs
Judges
In control of all court proceedings
In theory the most knowledgeable criminal mind in the court – follow strict letter of law
Jury decided guilt but the judge had considerable influence over the decision-making processes of the jury
Judge could intimidate juries & dismiss cases on the flimsiest of technicalities
The Trial
Verdict and Judgement
Conclusion
Where are the women in all of this?
Nature of authority relationships in period
Possible conflict community & constable
JPs & Judges serve the community or central government?
Were trials fair?
Justice in peoples’ hands or not?