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English law was almost unique in that most prosecutions were brought by the police rather than by public prosecutors. This book examines why they acquired that power, what was its social significance, and what was distinctive about its evolution, compared with policing in Scotland and Ireland.
Policing the Factory describes the operation of various private policing agencies, employed to track down and prosecute workplace offenders. The authors focus in particular on the Worsted Committee and their Inspectors, who, between 1777 and 1968, prosecuted thousands of workers in the north of England for taking home workplace scraps, or wasting their employer's time. Most of the workers prosecuted spent a month in prison upon conviction, and many more were dismissed from employment without any formal legal action taking place. This book explores how, and under what legislative basis, the criminal law could be brought into private spaces in this period and goes on suggest that the activities of the Inspectorate inhibited the development of public policing in Yorkshire. The book presents case studies, newspaper comment, memoirs, and statistics based on detailed archival analysis of court records, to create a richly textured story which will inform and challenge contemporary debates on policing and police history.
Over the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.
This new edition of the Handbook of Policing updates and expands the highly successful first edition, and now includes a completely new chapter on policing and forensics. It provides a comprehensive, but highly readable overview of policing in the UK, and is an essential reference point, combining the expertise of leading academic experts on policing and policing practitioners themselves.
Over six volumes this edited collection of pamphlets, government publications, printed ephemera and manuscript sources looks at the development of the first modern police force. It will be of interest to social and political historians, criminologists and those interested in the development of the detective novel in nineteenth-century literature.
Volume II of The Official History of Criminal Justice in England and Wales traces, for the first time, the genesis and early evolution of two principal institutions in the criminal justice system, the Crown Court and the Crown Prosecution Service. This volume examines the origins and shaping of two critical institutions: the Crown Court, which rose from the ashes of the Courts of Assize and Quarter Sessions; and the Crown Prosecution Service which replaced a rather haphazard system of police prosecuting solicitors. The 1971 Courts Act and the 1985 Prosecution of Offences Act were to reconfigure the architecture of criminal justice, transforming the procedures by which people were charged, prosecuted and, in the weightier cases demanding a judge and jury, tried in the criminal courts of England and Wales. One stemmed from a crisis in a medieval system of travelling justices that tried people in the wrong places and for inadequate lengths of time. The other was precipitated by a scandal in which three men were wrongly convicted for the murder of a bisexual prostitute. Theirs is an as yet untold history that can be explored in depth because it is recent enough, in the words of Harold Wilson, to have been ‘written while the official records could still be supplemented by reference to the personal recollections of the public men who were involved’. This book will be of much interest to students of criminology and British history, politics and law.
Utilizing Foucault's genealogical method, this book traces the development of the victim from feudal law, arguing that the historical power of the victim to police, prosecute and punish offenders informed the modern criminal law and justice system. This book advocates the victim as an agent of change, a new perspective for today's justice system.
The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the war on terror. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime. The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a central feature of this book. Globalization has supported this crossover, as organized crime seems immune to conventional policing tactics. But globalization fragments the authority of the state by introducing a new justice network. New regulatory agencies are entrusted with powers to control novel risks and social movements adopt a human rights discourse to contest state power and emergency laws. The result of this conflux of actors and risks is are negotiation of the model of justice that citizens can expect. Terrorism, Rights and the Rule of Law contributes to current debates about civil liberties in the war on terror, how counter-terrorism can contaminate criminal justice, and how globalization challenges a state-centred view of criminal justice. It will be of key interest to students of criminology, law, human rights and sociology,as well as legal and other practitioners and policy-makers.
In Policing the City, Harris seeks to explain the transformation of criminal justice, particularly the transformation of policing, between the 1780s and 1830s in the City of London. As utilitarian legal reformers argued that criminal deterrence ought to be based on certain and rational punishment rather than random execution, they also had to control the discretionary authority of enforcement. This meant in theory and practice the centralization of policing in the 1830s, and the end of local policing, which was seen as corrupt, inefficient, and unsuitable for rational criminal justice. Revolutionary changes in policing began locally, however, in the 1780s. Such local changes preceded and inspired national reforms, and local policing up to the centralizing measures of the 1830s remained dynamic, responsive, and locally accountable right until its demise. Anxiety about policing had as much to do with the social origins of the police as it did about the origins of criminality, and control over the discretionary authority of watchmen and constables played a larger role in criminal justice reform than the nature of crime. The national, metropolitan, and City police reforms of the late 1830s were thus the culmination of a contentious argument over the meanings of justice, efficiency, and order, rather than its beginning. Harris's evidence reveals how what we've come to think of as "modern" policing evolved out of local practice and reflects shifts in wider debates about crime, justice, and discretionary authority.
"Policing Empires examines the militarization of the "civil police" in Britain and the United States. It tracks when, why and how British and US police departments have adopted military tactics, tools and technologies for domestic use. It reveals that police militarization has occurred since the very founding of modern policing in the nineteenth century and that militarization has long been an effect of the imperial boomerang. When militarizing their forces, police officials have drawn upon the tactics, tools and technologies associated with imperialism and colonial conquests. Using the tools of comparative and postcolonial historical sociology, the book further shows that there have been distinct waves of militarization in Britain and the United States since the nineteenth century and that each of these waves have been triggered by the racialization of crime and disorder. Police have typically brought the imperial boomerang home to militarize police in response to perceived racialized threats from minority and immigrant populations. Police militarization results from the imperial state domesticating the methods and tools of its armies abroad to herd, contain and thrash imagined barbarians who have dared flood through the gates of ostensible civilization"--