Lecture 3 policing and prosecution Next Weeks reading Andrea McKenzie Martyrs in Low Life Dying Game in Augustan England Journal of British Studies Vol 42 2003 167205 ID: 285721
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CRIME AND SOCIETY, 1550-1750
Lecture 3: policing and prosecution Slide2
Next Week’s reading
Andrea McKenzie, ‘Martyrs in Low Life? Dying “Game” in Augustan England’, Journal of British Studies, Vol. 42 (2003), 167-205.
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Outline of the lecture
Catching CulpritsDuties of the constable Duties of the Justice of the Peace (JP)Trial
Juries
Judges
The Defendant
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The Criminal and the Victim
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The Hue and Cry Slide6
Wavertree & Barley Lock-ups (Cages) Slide7
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 Slide8
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 incompetenceOperating under coercion and threat from local criminals
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The Watchman
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Jonathan Wilde, thief-taker, 1683-1725Slide11
The Bow Street Runners
Attached to Bow Street Magistrates courtPaid from central fundsFounded by Henry Fielding 1749Served writs & arrested offendersSlide12
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 jailedSlide13
The Grand Jury
Before the trial took place, the case was assessed by a grand juryMade 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) Slide14
The Petty Jury
Less prestige attached to being a petty jurorMeant to be composed of 12 freeholder men but by the 17th century most petty juries were ad hoc affairs Slide15
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 Slide16
The Trial Slide17
Verdict and JudgementSlide18
Conclusion
Where are the women in all of this?Nature of authority relationships in periodPossible conflict community & constableJPs & Judges serve the community or central government? Were trials fair?
Justice in peoples’ hands or not?