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Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equipped with a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government, along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. A third connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in this troubled domain. The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. The cumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quite sane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin a conversation, and they illustrate the great depth and power of crime in literature.
Beginning with an exploration of the awful miscarriages which prompted the establishment of the Royal Commission on Criminal Justice, the authors examine the role played by institutions and legal factors within the criminal process. Tracking the shift from due process rhetoric to the 'new penology' of efficient risk management of suspect populations, they assess the impact of recent reforms such as curtailment of the right to silence; the removal of the right to jury trial; and the appeal process itself.
Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular participation to the much more orderly and professional legal proceedings typical of the nineteenth century, and links this with another important shift, the mushroom growth of popular news and comment about trials and punishments which occurred from the later seventeenth century. It hypothesizes that the popular participation which had been a feature of courtroom proceedings before the mid-eighteenth century was not stifled by ’lawyerization’, but rather partly relocated to the ’public sphere’ of the press, partly because of some changes connected with the work of the lawyers. Ranging from the early 1700s to the mid-nineteenth century, and taking account of criminal justice proceedings in Scotland, as well as England, the essays consider whether pamphlets, newspapers, ballads and crime fiction provided material for critical perceptions of criminal justice proceedings, or alternatively helped to convey the official ’majesty’ intended to legitimize the law. In so doing the volume opens up fascinating vistas upon the cultural history of Britain’s legal system over the ’long eighteenth century'.
Hirschel and Wakefield provide their readers with an informed and interesting view of two criminal justice systems. The discussion revolves around the history and development of the criminal justice systems of England and the United States. The authors draw comparisions between the two with a view toward policy implications for the administration of criminal justice. The discussion includes areas of law enforcement, judicial systems, correctional systems, and ends with an evaluation of the English criminal justice system and lessons for both the United States and England.
What is the definition of ′crime′? Law and Crime helps the criminologist to understand how the law constructs crime and how one might engage in critical analysis of such legal constructions. It uses a thematic approach to comprehensively explore the relationship between criminal conduct, criminal justice and the law. The book introduces key topics in criminal law scholarship for criminologists, including: criminalization fault and criminal responsibility corporate liability the production of criminal guilt the nature of judicial punishment. Aimed at students with no prior knowledge of law, the book includes many useful features to enhance understanding, from chapter overviews and key terms to study questions and suggestions for further reading. The Key Approaches to Criminology series celebrates the removal of traditional barriers between disciplines and, specifically, reflects criminology’s interdisciplinary nature and focus. It brings together some of the leading scholars working at the intersections of criminology and related subjects. Each book in the series helps readers to make intellectual connections between criminology and other discourses, and to understand the importance of studying crime and criminal justice within the context of broader debates. The series is intended to have appeal across the entire range of undergraduate and postgraduate studies and beyond, comprising books which offer introductions to the fields as well as advancing ideas and knowledge in their subject areas.
Throughout the nineteenth century and twentieth century, various attempts were made to define and control problematic behaviour in public by legal and legislative means through the use of a somewhat nebulous concept of ‘indecency’. Remarkably however, public indecency remains a much under-researched aspect of English legal, social and criminal justice history. Covering a period of just over a century, from 1857 (the date of the passing of the first Obscene Publications Act) to 1960 (the date of the famous trial of Penguin Books over their publication of Lady Chatterley’s Lover following the introduction of a new Obscene Publications Act in the previous year), Public Indecency in England investigates the social and cultural obsession with various forms of indecency and how public perceptions of different types of indecent behaviour led to legal definitions of such behaviour in both common law and statute. This truly interdisciplinary book utilises socio-legal, historical and criminological research to discuss the practical response of both the police and the judiciary to those caught engaging in public indecency, as well as to highlight the increasing problems faced by moralists during a period of unprecedented technological developments in the fields of visual and aural mass entertainment. It is written in a lively and approachable style and, as such, is of interest to academics and students engaged in the study of deviance, law, criminology, sociology, criminal justice, socio-legal studies, and history. It will also be of interest to the general reader.