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Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).
This book charts the lives of (suspected) thieves, illegitimate mothers and vagrants in early modern Frankfurt. The book highlights the gender differences in recorded criminality and the way that they were shaped by the local context. Women played a prominent role in recorded crime in this period, and could even make up half of all defendants in specific European cities. At the same time, there were also large regional differences. Women’s crime patterns in Frankfurt were both similar and different to those of other cities. Informal control within the household played a significant role and influenced the prosecution patterns of authorities. This impacted men and women differently, and created clear distinctions within the system between settled locals and unsettled migrants.
This book explores the French monarchy's role in financing criminal prosecutions in the royal courts of the realm between 1670 and 1789.
This book offers an assessment of the social significance of the law in pre-industrial England.
"Female protagonists are commonly overlooked in the history of crime; especially in early modern Italy, where women's scope of action is often portrayed as heavily restricted. This book redresses the notion of Italian women's passivity, arguing that women's crimes were far too common to be viewed as an anomaly. Based on over two thousand criminal complaints and investigation dossiers, Sanne Muurling charts the multifaceted impact of gender on patterns of recorded crime in early modern Bologna. While various socioeconomic and legal mechanisms withdrew women from the criminal justice process, the casebooks also reveal that women - as criminal offenders and savvy litigants - had an active hand in keeping the wheels of the court spinning"--
In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.
This invaluable collection explores the many faces of murder, and its cultural presences, across the Italian peninsula between 1350 and 1650. These shape the content in different ways: the faces of homicide range from the ordinary to the sensational, from the professional to the accidental, from the domestic to the public; while the cultural presence of homicide is revealed through new studies of sculpture, paintings, and popular literature. Dealing with a range of murders, and informed by the latest criminological research on homicide, it brings together new research by an international team of specialists on a broad range of themes: different kinds of killers (by gender, occupation, and situation); different kinds of victim (by ethnicity, gender, and status); and different kinds of evidence (legal, judicial, literary, and pictorial). It will be an indispensable resource for students of Renaissance Italy, late medieval/early modern crime and violence, and homicide studies.
This concise intellectual history of the law offers an accessible introduction to the development of law from ancient Babylon to eighteenth-century Europe. Robert W. Shaffern examines a rich array of sources to illuminate ideas about law and justice in Western civilization. Designed specifically for undergraduates to the subject, this book will be invaluable for introductory courses on the history of law and jurisprudence.