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Crime, Justice and Discretion in England, 1740-1820

Peter KingProfessor of Social History, University College Northampton

ISBN13: 9780199259076
ISBN: 0199259070
Published: January 2003
Publisher: Oxford University Press
Format: Paperback
Price: £76.00

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The criminal law has often been seen as central to the rule of the eighteenth-century landed elite in England. This book presents a detailed analysis of the judicial processs - of victims' reactions, pretrial practices, policing, magistrates hearings, trials, sentencing, pardoning and punishment - using property offenders as its main focus. The period 1740-1820 - the final era before the coming of the new police and the repeal of the capital code - emerges as the great age of discretionary justice, and the book explores the impact of the vast discretionary powers held by many social groups. It reassesses both the relationship between crime rates and the economic deprivation, and the many ways that vulnerability to prosecution varied widely across the lifecycle, in the light of the highly selective nature of pretrial negotiations. More centrally, by asking at every stage - who used the law, for what purposes, in whose interests and with what social effects - it opens up a number of new perspectives on the role of the law in eighteenth-century social relations. The law emerges as less the instrument of particular elite groups and more as an arena of struggle, of negotiation, and of c

List of Figures and Maps; List of Tables; List of Abbreviations; 1. Introduction
PART I: PRETRIAL PROCESSES; 2. Victims, Informal Negotiations, and Prosecution Options; 3. Resources Available to Victims: Public Funding, Prosecution Associations, Print, and Policing; 4. Magistrates and Summary Courts
PART II: OFFENCES AND OFFENDERS; 5. Patterns of Crime and Patterns of Deprivation; 6. The Offenders: Property Crime and Life-Cycle Change
PART III: FROM TRIAL TO PUNISHMENT; 7. Trials, Verdicts, and Courtroom Interactions; 8. Sentencing Policy and the Impact of Gender and Age; 9. Pardoning Policies: The Good Mind and the Bad; 10. Rituals of Punishment; 11. Conclusion: Law and Social Relations 1740-1820; Index