CRIME AND SOCIETY, 1550-1750

LECTURE 3: POLICING AND PROSECUTION

2Next Week’s reading

Andrea McKenzie, ‘Martyrs in Low Life? Dying “Game” in Augustan England’, Journal of British Studies, Vol. 42 (2003), 167-205.

Outline of the lecture

Catching Culprits Duties of the constable Duties of the Justice of the Peace (JP) Trial

Juries Judges The Defendant

4The Criminal and the Victim

The Hue and Cry

Wavertree & Barley Lock-ups (Cages)

The Constables

Unpaid position Chosen by fellow parishioners Came from respectable sections of the

local community Often literate and numerate Role subject to conflict Balancing act between centre & locality Responsible for executing warrants

issued by JPs and arresting anyone guilty of a crime

Had a general responsibility to keep the peace but were not expected to investigate crime

Was the constable efficient?

Traditional view of constables was unfavourable BUT…

Probably reasonably efficient and when they were not it was not always down to slackness or incompetence

Operating under coercion and threat from local criminals

9The Watchman

Jonathan Wilde, thief-taker, 1683-1725

The Bow Street Runners

Attached to Bow Street Magistrates court

Paid from central funds

Founded by Henry Fielding 1749

Served writs & arrested offenders

Justice of the Peace

Generally from the upper echelons of society -unpaid and could be time-consuming

Appointed by the monarch but nominated by friends or influential acquaintances

In minor dispute, the JP could arbitrate

If the case warranted indictment but the suspect was not considered dangerous he or she would be bound over in recognisance (on bail)

If dangerous, then the suspect was jailed

The Grand Jury

Before the trial took place, the case was assessed by a grand jury

Made up of 12 or more freeholder men, usually drawn from the lower strata of the gentry

Had to reach a majority decision of 12+ Bill of Indictment - ‘true’ or ignoramus (not

found)

The Petty Jury

Less prestige attached to being a petty juror

Meant to be composed of 12 freeholder men but by the 17th century most petty juries were ad hoc affairs

Judges

In control of all court proceedings

In theory the most knowledgeable criminal mind in the court – follow strict letter of law

Jury decided guilt but the judge had considerable influence over the decision-making processes of the jury

Judge could intimidate juries & dismiss cases on the flimsiest of technicalities

The Trial

Verdict and Judgement

Conclusion

Where are the women in all of this?

Nature of authority relationships in period

Possible conflict community & constable

JPs & Judges serve the community or central government?

Were trials fair?

Justice in peoples’ hands or not?