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This 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.
Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law. In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences between the colonial legal systems within the two regions, from their initial settlement until approximately 1660.
No era in American history has been more fascinating to Americans, or more critical to the ultimate destiny of the United States, than the colonial era. Between the time that the first European settlers established a colony at Jamestown in 1607 through the signing of the Declaration of Independence, the outlines of America's distinctive political culture, economic system, social life, and cultural patterns had begun to emerge. Designed to complement the high school American history curriculum as well as undergraduate survey courses, "Colonial America: An Encyclopedia of Social, Political, Cultural, and Economic History" captures it all: the people, institutions, ideas, and events of the first three hundred years of American history. While it focuses on the thirteen British colonies stretching along the Atlantic, Colonial America sets this history in its larger contexts. Entries also cover Canada, the American Southwest and Mexico, and the Caribbean and Atlantic world directly impacting the history of the thirteen colonies. This encyclopedia explores the complete early history of what would become the United States, including portraits of Native American life in the immediate pre-contact period, early Spanish exploration, and the first settlements by Spanish, French, Dutch, Swedish, and English colonists. This monumental five-volume set brings America's colonial heritage vibrantly to life for today's readers. It includes: thematic essays on major issues and topics; detailed A-Z entries on hundreds of people, institutions, events, and ideas; thematic and regional chronologies; hundreds of illustrations; primary documents; and a glossary and multiple indexes.
It makes for essential reading.
In a panoramic history of our criminal justice system from Colonial times to today, one of our foremost legal thinkers shows how America fashioned a system of crime and punishment in its own image.
This book offers a history of crime and the criminal justice system in America, written particularly for students of criminal justice and those interested in the history of crime and punishment. It follows the evolution of the criminal justice system chronologically and, when necessary, offers parallels between related criminal justice issues in different historical eras. From its antecedents in England to revolutionary times, to the American Civil War, right through the twentieth century to the age of terrorism, this book combines a wealth of resources with keen historical judgement to offer a fascinating account of the development of criminal justice in America. A new chapter brings the story up to date, looking at criminal justice through the Obama era and the early days of the Trump administration. Each chapter is broken down into four crucial components related to the American criminal justice system from the historical perspective: lawmakers and the judiciary; law enforcement; corrections; and crime and punishment. A range of pedagogical features, including timelines of key events, learning objectives, critical thinking questions and sources, as well as a full glossary of key terms and a Who’s Who in Criminal Justice History, ensures that readers are well-equipped to navigate the immense body of knowledge related to criminal justice history. Essential reading for Criminal Justice majors and historians alike, this book will be a fascinating text for anyone interested in the development of the American criminal justice system from ancient times to the present day.
Covering criminal justice history on a cross-national basis, this book surveys criminal justice in Western civilization and American life chronologically from ancient times to the present. It is an introduction to the historical problems of crime, law enforcement and penology, set against the background of major historical events and movements. Integrating criminal justice history into the scope of European, British, French and American history, this text provides the opportunity for comparisons of crime and punishment over boundaries of national histories. The text now concludes with a chapter that addresses terrorism and homeland security.
'Race and Crime' presents students with a comprehensive analysis of the issues relating to race and crime in the US. The book is illustrated with numerous photographs and exercises based on Internet research are included.
After an exhaustive analysis of over 1,200 seditious speech cases in every colonial American court that existed before 1700, Eldridge (history, Widener U., Chester, Pennsylvania) refutes the common belief that Americans did not enjoy free speech until the 18th century. He traces the growing leniency during the 17th century, and attributes it to a combination of tumult and social development, which made people more willing to criticize authorities, and the authorities less able to prevent criticism. The index is superbly detailed. Annotation copyright by Book News, Inc., Portland, OR
Over the Threshold is the first in-depth work to explore the topic of intimate violence in the American colonies and the early Republic. The essays examine domestic violence in both urban and frontier environments, between husbands and wives, parents and children, and masters and slaves. This compelling collection puts commonly held notions about intimate violence under strict historical scrutiny, often producing surprising results.