Crime and Punishment Revision Guide
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The Hardening Plight of the American Ex-Convict
WHEN THE PAST IS A PRISON: THE HARDENING PLIGHT OF THE AMERICAN EX-CONVICT Roger Roots University of Nevada, Las Vegas Department of Sociology ABSTRACT Today’s American criminal justice system is generating more ex-criminals than ever before, due to increasingly punitive sentencing, the increasing criminalization of formerly noncriminal acts, and the increasing federalization of criminal matters. At the same time, advances in record-keeping and computer technology have made life more difficult for ex-convicts. This article examines the hardships faced by American ex- convicts reentering the non-custodial community both at present and in the past. It concludes that modern ex-convicts face more difficulties than those of past generations, because 1) a greater number of laws that restrict their occupational and social lives, and 2) better data collection and transfer among criminal justice jurisdictions make evading or escaping from one’s criminal past more difficult. The result of these coalescing trends is that American society is increasingly forming a hierarchical order of citizenship, with long-term negative economic and social consequences for both ex-offenders and the broader community. 2 INTRODUCTION Criminal convictions have always carried collateral consequences in addition to their formal penalties. During much of American history—and, indeed, the history of the English legal system—convicted felons suffered a loss of social standing, disenfranchisement, and in some cases, “civil death,” a state in which they were denied all rights of citizenship including marriage, inheritance, and public office. In contrast, contemporary American ex-convicts retain their citizenship, their rights of property ownership, and their marriage and family rights, but are denied a host of other rights and privileges such as bearing arms and working in various occupations. -
The History of Policing 97
THE HISTORY 4 OF POLICING distribute or post, copy, not Do Copyright ©2015 by SAGE Publications, Inc. This work may not be reproduced or distributed in any form or by any means without express written permission of the publisher. “The myth of the unchanging police “You never can tell what a man is able dominates much of our thinking about to do, but even though I recommend the American police. In both popular ten, and nine of them may disappoint discourse and academic scholarship one me and fail, the tenth one may surprise continually encounters references to the me. That percentage is good enough for ‘tradition-bound’ police who are resistant me, because it is in developing people to change. Nothing could be further from that we make real progress in our own the truth. The history of the American society.” police over the past one hundred years is —August Vollmer (n.d.) a story of drastic, if not radical change.” —Samuel Walker (1977) distribute INTRODUCTION: POLICING LEARNING OBJECTIVES or After finishing this chapter, you should be able to: AS A DYNAMIC ENTITY Policing as we know it today is relatively new. 4.1 Summarize the influence of early The notion of a professional uniformed police officer English policing on policing and the receiving specialized training on the law, weapon use, increasing professionalization of policing and self-defense is taken for granted. In fact, polic- in the United States over time. post,ing has evolved from a system in which officers ini- tially were appointed by friends, given no training, 4.2 Identify how the nature of policing in the provided power to arrest without warrants, engaged United States has changed over time. -
High Treason
11th October 2017 High Treason The first Treason Act in England was enacted by Parliament at the time of Edward III in 1351, which codified the common law of Treason and contained most of acts defined as Treason. It is still in force but has been very significantly amended (Wikipedia - Treason Act 1351). The main definitions relate to any person planning or imagined: “to harm the King or his immediate family, his sons and heirs or their companions; levying war against the King, plus actions against the King's officials, counterfeiting the Great Seal. Privy Seal or coinage of the realm.” The definitions also included that any person who "adhered to the King's enemies in his Realm, giving them aid and comfort in his Realm or elsewhere was guilty of High Treason" The penalty for these offences at the time was Hanging, Drawing and Quartering. The Act is still in force today (without the "drawing and quartering part") The Act was last used to prosecute William Joyce in 1945, who was subsequently hanged for collaborating with Germany during WWII More recently the Treason Felony Act (1848) declared that It is treason felony to: "compass, imagine, invent, devise, or intend: • to deprive the Queen of her crown, • to levy war against the Queen, or • to "move or stir" any foreigner to invade the United Kingdom or any other country belonging to the Queen.” Blair and the New Labour government enacted The Crime and Disorder Act (1998) which amended The Treason Felony Act (1848) and formally abolished the death penalty for the last offences carrying it, namely treason and piracy. -
Transportation from Britain and Ireland, 1615–1875." a Global History of Convicts and Penal Colonies
Maxwell-Stewart, Hamish. "Transportation from Britain and Ireland, 1615–1875." A Global History of Convicts and Penal Colonies. Ed. Clare Anderson. London: Bloomsbury Academic, 2018. 183–210. Bloomsbury Collections. Web. 30 Sep. 2021. <http:// dx.doi.org/10.5040/9781350000704.ch-007>. Downloaded from Bloomsbury Collections, www.bloomsburycollections.com, 30 September 2021, 20:57 UTC. Copyright © Clare Anderson and Contributors 2018. You may share this work for non- commercial purposes only, provided you give attribution to the copyright holder and the publisher, and provide a link to the Creative Commons licence. 7 Transportation from Britain and Ireland, 1615–1875 Hamish Maxwell-Stewart Despite recent research which has revealed the extent to which penal transportation was employed as a labour mobilization device across the Western empires, the British remain the colonial power most associated with the practice.1 The role that convict transportation played in the British colonization of Australia is particularly well known. It should come as little surprise that the UNESCO World Heritage listing of places associated with the history of penal transportation is entirely restricted to Australian sites.2 The manner in which convict labour was utilized in the development of English (later British) overseas colonial concerns for the 170 years that proceeded the departure of the First Fleet for New South Wales in 1787 is comparatively neglected. There have been even fewer attempts to explain the rise and fall of transportation as a British institution from the seventeenth to nineteenth centuries. In part this is because the literature on British systems of punishment is dominated by the history of prisons and penitentiaries.3 As Braithwaite put it, the rise of prison has been ‘read as the enduring central question’, sideling examination of alternative measures for dealing with offenders. -
Willington View of Frankpledge of the Lord King, with Court Baron of John
D/DP M1219 – no photocopy, as it was too fragile This is one of three court rolls from the draft court books of the Petre family, 1577 to 1616, in ref D/DP ‘Summaries of Rolls, draft rolls of the Petre family’ in Essex Record Office, Wharf Road, Chelmsford, CM2 6YT There are no changes of tenancy or punishments of public order offences in the following three brief records. It is clear that at least one was written out in advance and used as a register of attendance. The records are untidy with crossings out and loose pages with no page numbers. The books also include records for Cople, Howbury and Bedford. Scanned copies of these rolls were requested, but D/DPM/219 was said to be too fragile to be scanned. Willington View of Frankpledge of the Lord King, with Court Baron of John Petre, knight, versute and iniust’ n scatai scapult’ held there on the Day L….e eisc… 4th Day of November in the 19 th year of the reign of our Lady Elizabeth, by the Grace of God Queen of England, France, Ireland, defender of the faith etc. [1577] Essoins: the Noble Henry Grey, Earl of Kent, is amerced xjd [11d] Nicholas Luke, esquire the same for [illegible] ….. Wright by William Osmond Sworn men: Thomas Shatbolte ) William Fawcett Fadlet ) sworn men John Cleyton ) John Fownde, essoined by Edward Cleyton Thomas(?) West John Hyll sworn man Edward Warner Thomas(?) Geton Edward Clayton ) sworn men Walter West ) Robert Osmond the aforesaid who is clerk John Yarwey Yerwye is a field-reeve [illegible] Richard Rossell John Manton is amerced 3d John Wrenne is a field-reeve(?) William Cowper ) sworn men Guy Rychardson ) William Croft The following 2 paragraphs are written in a small space at the bottom right of the page. -
Understanding Edwardian Villagers' Use of Law: Some Manor Court Litigation Evidence
• Reading Medieval Studies XL (2014) Understanding Edwardian Villagers' Use of Law: Some Manor Court Litigation Evidence Chris Briggs and Phillipp R. Schofield University afCambridge and Aberystwyth University Paul Hyams's 'What Did Edwardian Villagers Understand by "Law"?' (1996) is a rich and suggestive essay. ' It offers a highly original account of the legal world view of the thirteenth century English villager. Hyams argued that the typical substantial peasant of Edward I's reign was not someone whose experience of the law yvas confined to a local manOf'CQurt with its particular way of operating. Instead, he suggested, most elite villagers both knew about and participated in a broader range oflegal jurisdictions and processes, and that we should therefore be thinking less in terms of the multiple separate and comparatively unsophisticated legal cultures of individual villages, and more in terms of a general legal culture, which incorporated peasants alongside elite groups. Hyams's essay was noteworthy too for setting out a research agenda through which its propositions could be explored. The groundbreaking qualities of this essay have been recognized, and it has stimulated new. research, as we note more fully below.' Yet it can also be argued that the challenges Hyams laid down have not been taken up as widely or as enthusiastically as one might have expected,3 Tn the present study, we engage with the main themes of Hyams's piece from the perspective of a collaborative research project dealing with litigation in the personal actions (primarily debt, detinue, trespass, and covenant) in manor courts in the period c.1250-J350.4 Central to 'Edwardian Villagers' is the idea that England's manor courts were transformed during Edward I's reign under the influence of the common law. -
Punishment and Political Order Keally D
The University of San Francisco USF Scholarship: a digital repository @ Gleeson Library | Geschke Center 2019 USF Faculty and Staff Books USF Faculty and Staff Authored Books 2007 Punishment and Political Order Keally D. McBride Follow this and additional works at: https://repository.usfca.edu/faculty_books_2019 Part of the Legal Studies Commons, and the Political Science Commons Punishment and Political Order Law, Meaning, and Violence The scope of Law, Meaning, and Violence is defined by the wide-ranging scholarly de bates signaled by each of the words in the title. Those debates have taken place among and between lawyers, anthropologists, political theorists, sociologists, and historians, as well as literary and cultural critics. This series is intended to recognize the importance of such ongoing conversations about law, meaning, and violence as well as to encourage and further them. Series Editors: Martha Minow, Harvard Law School Austin Sarat, Amherst College RECENT TITLES IN THE SERIES Strangers to the Law: Gay People on Trial, by Lisa Keen and Suzanne B. Goldberg The Polittcs of Community Policing: Rearrangmg the Power to Punish, by William Lyons Laws of the Postcolonial, edited by Eve Darian-Smith and Peter Fitzpatrick Whispered Consolations: Law and Narrative in African Amerzcan Life, by Jon-Christian Suggs Bad Boys: Public Schools in the Making of Black Masculinity, by Ann Arnett Ferguson Pain, Death, and the Law, edited by Austin Sarat The Limits to Union: Same-Sex Marriage and the Politics of Civil Rights, by Jonathan Goldberg-Hiller -
What If the Founders Had Not Constitutionalized the Privilege of the Writ of Habeas Corpus?
THE COUNTERFACTUAL THAT CAME TO PASS: WHAT IF THE FOUNDERS HAD NOT CONSTITUTIONALIZED THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS? AMANDA L. TYLER* INTRODUCTION Unlike the other participants in this Symposium, my contribution explores a constitutional counterfactual that has actually come to pass. Or so I will argue it has. What if, this Essay asks, the Founding generation had not constitutionalized the privilege of the writ of habeas corpus? As is explored below, in many respects, the legal framework within which we are detaining suspected terrorists in this country today—particularly suspected terrorists who are citizens1—suggests that our current legal regime stands no differently than the English legal framework from which it sprang some two-hundred-plus years ago. That framework, by contrast to our own, does not enshrine the privilege of the writ of habeas corpus as a right enjoyed by reason of a binding and supreme constitution. Instead, English law views the privilege as a right that exists at the pleasure of Parliament and is, accordingly, subject to legislative override. As is also shown below, a comparative inquiry into the existing state of detention law in this country and in the United Kingdom reveals a notable contrast—namely, notwithstanding their lack of a constitutionally- based right to the privilege, British citizens detained in the United Kingdom without formal charges on suspicion of terrorist activities enjoy the benefit of far more legal protections than their counterparts in this country. The Essay proceeds as follows: Part I offers an overview of key aspects of the development of the privilege and the concept of suspension, both in England and the American Colonies, in the period leading up to ratification of the Suspension Clause as part of the United States Constitution. -
Two Ways to Think About the Punishment of Corporations
Northwestern University School of Law Northwestern University School of Law Scholarly Commons Faculty Working Papers 2009 Two Ways to Think ba out the Punishment of Corporations Albert Alschuler Northwestern University School of Law, [email protected] Repository Citation Alschuler, Albert, "Two Ways to Think bouta the Punishment of Corporations" (2009). Faculty Working Papers. Paper 192. http://scholarlycommons.law.northwestern.edu/facultyworkingpapers/192 This Working Paper is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Working Papers by an authorized administrator of Northwestern University School of Law Scholarly Commons. TWO WAYS TO THINK ABOUT THE PUNISHMENT OF CORPORATIONS Albert W. Alschuler∗ This article compares the criminal punishment of corporations in the twenty-first century with two ancient legal practices—deodand (the punishment of animals and objects that have produced harm) and frankpledge (the punishment of all members of a group when one member of the group has avoided apprehension for a crime). 1 It argues that corporate criminal punishment is a mistake but that viewing it as frankpledge is less ridiculous than viewing it as deodand. The article considers the implications of the choice between these concepts for standards of corporate guilt and for the sentencing of corporate offenders. After a brief historical description of deodand and frankpledge, the article traces the history of corporate criminal liability from William Blackstone through Arthur Andersen. It emphasizes that this liability punishes the innocent, and it argues that the punishment of innocent shareholders and employees should not be regarded as “collateral” or “secondary.” The article notes that subjecting corporations and their officers to punishment for the same crimes creates sharp conflicts of interest. -
The Posse Comitatus and the Office of Sheriff: Armed Citizens Summoned to the Aid of Law Enforcement
Journal of Criminal Law and Criminology Volume 104 Article 3 Issue 4 Symposium On Guns In America Fall 2015 The oP sse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement David B. Kopel Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons Recommended Citation David B. Kopel, The Posse Comitatus And The Office Of erSh iff: Armed Citizens Summoned To The Aid Of Law Enforcement, 104 J. Crim. L. & Criminology 761 (2015). https://scholarlycommons.law.northwestern.edu/jclc/vol104/iss4/3 This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/15/10404-0761 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 104, No. 4 Copyright © 2015 by Northwestern University School of Law Printed in U.S.A. THE POSSE COMITATUS AND THE OFFICE OF SHERIFF: ARMED CITIZENS SUMMONED TO THE AID OF LAW ENFORCEMENT DAVID B. KOPEL* Posse comitatus is the legal power of sheriffs and other officials to summon armed citizens to aid in keeping the peace. The posse comitatus can be traced back at least as far as the reign of Alfred the Great in ninth- century England. The institution thrives today in the United States; a study of Colorado finds many county sheriffs have active posses. Like the law of the posse comitatus, the law of the office of sheriff has been remarkably stable for over a millennium. -
The History of Bail and Pretrial Release
1 The hisTory of Bail and PreTrial release septemBer 23, 2010 TimoThy r. schnacke, michael r. Jones, claire m. B. Brooker the History of Bail And 1 Pretrial release1 A. IntroductIon1 cases alleging abuses in the pretrial release or detention decision-making process. These abus- While the notion of bail has been traced to an- es were originally often linked to the inability to cient Rome,2 the American understanding of bail predict trial outcome, and later to the inability is derived from 1,000-year-old English roots. A to adequately predict court appearance and the study of this “modern” history of bail reveals two commission of new crimes. This, in turn, led to fundamental themes. First, as noted in June Car- an over-reliance on judicial discretion to grant or bone’s comprehensive study of the topic, “[b]ail deny a bail bond and the fixing of some money [originally] reflected the judicial officer’s predic- amount (or other condition of pretrial release) tion of trial outcome.”3 In fact, bail bond decisions that presumably helped mitigate a defendant’s are all about prediction, albeit today about the pretrial misconduct. Accordingly, the follow- prediction of a defendant’s probability of making ing history of bail suggests that as our ability to all court appearances and not committing any predict a defendant’s pretrial conduct becomes new crimes. The science of accurately predicting more accurate, our need for reforming how bail a defendant’s pretrial conduct, and misconduct, is administered will initially be great, and then has only emerged over the past few decades, should diminish over time. -
Crime and Punishment: Middle Ages 1000-1500
History Paper 1 – Crime and Punishment: Middle Ages 1000-1500 Crime Factors Law Enforcement Factors Punishment factors 1 Religious ideas 14 Role of local communities 30 Purpose of punishment: deterrence, retribution or reform? 2 Poverty 15 Government spending 31 Fear of Crime 3 Political change 16 Increased population 32 Social change 4 Increased population 17 New technology 33 Role of individuals 5 Increased taxation Middle Ages: Law Enforcement Middle Ages: Punishment 6 New technology 18 Hue and cry Witnesses to a crime had to raise the hue and cry – Stop, thief!. Anyone who heard had to join the chase to catch the criminal or 34 Wergild ‘Blood price’. Saxon system of 7 Increased movement of people face a fine. compensation paid to victim Middle Ages Crime 18 Tithing All men over 12 had to join a tithing. A group of 10 men. If one the 35 Mutilation People caught stealing several group committed a crime the others had to tell or pay a fine. times would have their hand 8 Petty In Saxon England 75% of all cut off theft crime was theft of small items 19 Reeve In charge of 10 tithings. When a crime was reported the Reeve had e.g. food, livestock. to bring the criminal before the Manor Court 36 Humiliation Petty crimes and drunkenness punished by the stocks or 9 1066 Normans invade and win 20 Manor Court The whole village was jury with the Lord as judge. pillory battle of Hastings. William the Conqueror crowned King 21 Trial by Ordeal If the jury could not decide then the decision was placed ij God’s 37 1066 William abolishes Wergild.