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Whores and highwaymen : crime and justice in the eighteenth-century Metropolis / Gregory J Durston.

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Format:
Book
Author/Creator:
Durston, Gregory.
Language:
English
Subjects (All):
Crime--England--History--18th century.
Crime.
Criminal justice, Administration of--Great Britain--History.
Criminal justice, Administration of.
Physical Description:
668 p. : ill. (some col.)
Edition:
1st ed.
Other Title:
Crime and justice in the eighteenth-century Metropolis
Place of Publication:
Hook, Hampshire : Waterside Press, 2012.
Language Note:
English
Summary:
A comprehensive work on the development of summary jurisdiction, early policing and London's embryonic modern criminal justice system which looks at every aspect of these topics from numerous perspectives and across the eighteenth century.
Contents:
Cover
Contents
Copyright
Acknowledgements
Preface
About the Author
Dedication
PICTURE SECTION
Part One: Crime and the Metropolis
INTRODUCTION
Terms of Reference
Sources of Information
Printed primary sources
Old Bailey Sessions Papers
Treatises and biographies
Historiography
THE EIGHTEENTH-CENTURY METROPOLIS
Introduction
Metropolitan Government
The City
Southwark
Westminster and urban Middlesex
Expansion of the Conurbation
Population Growth
Mortality
Inward Migration
Responses to the Indigent
Rise of the Middle Class
Social Segregation
Decline in Communitarianism
Power
The Urban Day
Urban street lighting
Alcohol Consumption
METROPOLITAN CRIME
Definitions of Crime
Legal Classification of Crimes
Treason
Felony
Benefit of clergy
Unclergyable forms of theft
Rationale for clergy
Petty theft
Misdemeanours
Crime Rates and Patterns
Lethal Violence
Non-Lethal Violence
Assault and the Law
The Incidence of Property Crime
Female participation in crime
Juvenile participation in crime
Juveniles and the law
The Metropolis and its Environs
Professional Crime
White Collar Crime
ATTITUDES TOWARDS CRIME AND POLICING
Concern about Metropolitan Crime
Legitimacy and the Criminal Law
Reform Movements
Reformation societies
EXPLANATIONS FOR METROPOLITAN CRIME
Immorality
Structural Determinants
Need and Greed
Opportunity to Offend
The Effects of War on Crime
Receivers
Pawnbrokers
CRIMINAL LAW AND PROCEDURE
Lack of Informal Controls
Ease of Access to the Law
Criminal Procedure
Attrition
The Growth of Legalism
Metropolitan Lawyers
Popular Legal Knowledge
The Impact of Legalism
The Role of Discretion.
Sodomy and discretion
Limits to discretion
Reluctance to Reform
Part Two: Policing
POLICING THE METROPOLIS
Reformers
The Concept of a "Police"
Other Parts of the British Isles
The Medieval Policing Legacy
Problems with Policing
Validity of Criticism
Paris and Continental Cities
The "Professional" Police of the 1700s
Police and the Political Nation
Anonymity of Parish Officers
Fragmentation of Policing
Exceptions
Amelioration
Proposals for Reform
CONSTABLES
Appointment of Constables in Middlesex and Westminster
Appointment of Constables in the City
Qualifications and Qualities
Unpopularity of the Office
Substitutes
Quality of substitutes
Conflicting Pressures on Constables
Operation
Constable of the Night
Control of Constables
Constables and Corruption
Reforming Constables
Powers of Arrest
Professional Knowledge
Fear of Litigation
Fear of Physical Attack
Auxiliaries
High Constables
Overnight Detention
THE WATCH
Funding of the Watch
Supernumerary Watchmen
Legal Powers
Supervision
Watch-houses
Organization of the Watch
Westminster and Middlesex
The Poorer Parishes
Remuneration
Operation of the Watch
Going On Duty
Stop and Search
Summoning Assistance from the Watch
Proactive Watchmen
Inter-Watch Communication
Weapons and the Watch
Effectiveness
Low Personal Quality of Watchmen
Corruption Amongst the Watch
Pusillanimous
Discipline Amongst the Watch
Deterrent Value of Watchmen
The Patroles
BEADLES, CITY MARSHALS AND THE MILITARY
Beadles
City Marshals and Marshalmen
The Military
POST-CRIME DETECTION
Personal Detection
Justices and Detection
Rewards and Thief-Takers
Scandals.
Concern about Rewards
Lawyers and Rewards
Accomplice Evidence
Concern about the accomplice system
The Coroner's Investigation
Reporting Suspicious Deaths
The Coroner's Jury
The Inquest
Mr Fielding's Men
Conclusion
THE METROPOLITAN MAGISTRACY
Selection and Service
The Amateur Tradition
Justices' Clerks
The Magistrates' Work
Ubiquity of JPs
The Men Appointed as Justices
Clerical Magistrates
The City of London
Middlesex and Westminster
Trading Justices
Control of Justices
Non-Trading Justices
Continuing Problems
The Court Justice
The Middlesex Justices Act of 1792
From Houses to Courts
Part Three: Justice
THE MAGISTRATES' WORK
Interlocutory Proceedings
Arrest Warrants
Search Warrants
Legal Advice
The Examination
Confessions
Depositions
Recognisances to Prosecute
Committal
Re-examinations
Bail
Conditions on Remand
OPTIONS FOR PROSECUTION
Misdemeanour Indictments
Prosecution by Recognisance
Summary Conviction
Evidential requirements
Fairness
The "Bloodless Code"
Appeals from Summary Convictions
Petty Sessions
Committal to a Bridewell/House of Correction
Use against felons
Restraint in its use
Legal concerns
Mediation and Arbitration
A PRIVATE SYSTEM OF PROSECUTION?
The Appeal of Murder
Prosecution on Indictment
Reluctance to Prosecute
Public Prosecution
Exceptions to the Private Prosecution Model
Private Arrangements between Felon and Victim
Compounding
Revenge, Blackmail and Extortion
Rewards and Accomplice Evidence
Rewards
Influence of rewards
Criticism of rewards
TRIAL ON INDICTMENT
The Standard of Proof
Conviction Rates.
Directed Acquittals
Jury Acquittals
Insanity
Popular Notions of Responsibility
Dislike of Circumstantial Evidence
Jury Deliberations
Jury Independence
Evidential Rules
Hearsay
Bad character evidence
Expert opinion evidence
Forensic Atmosphere
Courts and Procedure
Quarter Sessions
The Court of King's Bench
Drawing Up Indictments
The Grand Jury
Production from Prison
The Old Bailey Sessions
Trial Listing
Arraignment and Plea
The Peine Forte et Dure
Rarity of Guilty Pleas
Witnesses
Brevity of Trials
Orality
Credibility
The Oath
Character Witnesses
Returning Verdicts
Special verdicts
Sentencing
Pleading the Belly
Benefit of Clergy
Appeals Against Conviction
Change during the Course of the Century
Juries
The Presence of Lawyers
Pious Perjury
THE METROPOLITAN PENAL REGIME
Rationale for Punishment
Decline in Draconian Example
Capital Punishment
Proto-abolitionism
The mechanics of execution
At the scaffold
Reprieves
Petitions for reprieve
Conditional reprieves
Incidence of reprieves
Transportation
Origins of penal transportation
The Transportation Act 1718
Australia
Corporal and Shaming Punishments
The pillory and stocks
Flogging
Fiscal Penalties
Imprisonment
Bridewells and houses of correction
Prison conditions
Dangers of prison life
Lack of segregation
Rich inmates
Poor inmates
Structural determinants
CONCLUSION
Crime
The Criminal Justice System
Change
Last Words
Bibliography
Index
The Curious Mr Howard
Nipping Crime in the Bud
Garrow's Law
Back cover.
Notes:
Bibliographic Level Mode of Issuance: Monograph
Includes bibliographical references (p. 601-636) and index.
ISBN:
9781908162182
190816218X
9781908162199
1908162198
OCLC:
923508885

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