Download The Unwritten Law: Criminal Justice in Victorian Kent by Carolyn A. Conley PDF

By Carolyn A. Conley

ISBN-10: 0195063384

ISBN-13: 9780195063387

The Unwritten legislation examines the values and assumptions of mid-Victorian England as printed within the genuine workings of the legal justice process. The operating definitions of illegal activity and justice have been usually encouraged extra by way of sure tacit assumptions than by means of the written legislation. via a cautious examine of the ways in which the prestige and situations of sufferers and suspects encouraged judicial judgements, Conley offers very important new insights into Victorian attitudes towards violence, ladies, young children, neighborhood, and the all-important thought of respectability. She additionally addresses matters that remain of outrage in present day society: How can equivalent justice be preserved while social and fiscal stipulations and expectancies aren't equivalent? How can the rights of the accused be reconciled with these of victims--especially little ones? Can and will the courts intrude with the traditions of kinfolk and neighborhood? What criteria can make sure the illegal activity of a specific act and the justice and efficacy of punishment? This unique research will carry unique curiosity for college kids and students of British background, social heritage, and criminal activity and the legislations.

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Extra info for The Unwritten Law: Criminal Justice in Victorian Kent

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7 Nineteenth-century magistrates were in some ways even more powerful than their predecessors. s were gaining increasing jurisdiction over property cases. s to hear all cases of simply larceny in which the goods stolen were valued at less than 5s. or the accused pleaded guilty, as well as cases of attempted larceny. The maximum sentence if the goods were worth less than 5s. was three months. If the accused pleaded guilty to stealing goods worth more than that, the maximum sentence was six months.

The newspaper suggested that Kingsland be prosecuted for perjury, but Braham said he would follow the advice of his friends and let the matter drop. s continued to hear sexual assault cases without a jury. s all warned of the potential hazards of the amateur judiciary. " In 1870 the Bromley magistrates created a sensation when they sentenced a young carter to two months at hard labor for playing pitch-and-toss on Sunday. The young man had an excellent character, no prior arrests, and his employer spoke on his behalf.

46 Between 1859 and 1880, 170 persons were indicted by Kentish grand juries for assaults on the police. The conviction rate was 88 percent for assaults on police as compared with 79 percent for assaults generally. Sentences in these cases were comparable to those for assaults generally, but there was a marked variation between the sentences given by the assize judges and those given by the magistrates at quarter sessions. Sentences were less than six months in 70 percent of the cases at quarter sessions but in only 18 percent of cases heard at the assize and Central Criminal Court.

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