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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.
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.
In this Pulitzer Prize-winning book, Rhys Isaac describes and analyzes the dramatic confrontations--primarily religious and political--that transformed Virginia in the second half of the eighteenth century. Making use of the observational techniques of the cultural anthropologist, Isaac vividly recreates and painstakingly dissects a society in the turmoil of profound inner change.
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
Tells the story of a sensational 1791 Virginia murder case, and explores Revolutionary America's debates over justice, criminal punishment, and equality before the law.
It makes for essential reading.
Illuminates how the preservation of slavery was a motivating factor for the Revolutionary War The successful 1776 revolt against British rule in North America has been hailed almost universally as a great step forward for humanity. But the Africans then living in the colonies overwhelmingly sided with the British. In this trailblazing book, Gerald Horne shows that in the prelude to 1776, the abolition of slavery seemed all but inevitable in London, delighting Africans as much as it outraged slaveholders, and sparking the colonial revolt. Prior to 1776, anti-slavery sentiments were deepening throughout Britain and in the Caribbean, rebellious Africans were in revolt. For European colonists in America, the major threat to their security was a foreign invasion combined with an insurrection of the enslaved. It was a real and threatening possibility that London would impose abolition throughout the colonies—a possibility the founding fathers feared would bring slave rebellions to their shores. To forestall it, they went to war. The so-called Revolutionary War, Horne writes, was in part a counter-revolution, a conservative movement that the founding fathers fought in order to preserve their right to enslave others. The Counter-Revolution of 1776 brings us to a radical new understanding of the traditional heroic creation myth of the United States.